1. WHAT'S IN THESE TERMS?

These terms tell you the rules for using our website IQ Test Brain (our site). Click on the links below to go straight to more information on each area:

1.1 What do these terms cover?

These are the terms and conditions on which we supply our services to you.

1.2 Why you should read them.

Please read these terms carefully before you enter into any subscription with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

If you think that there is a mistake in these terms, please contact us to discuss.

2. WHO WE ARE AND HOW TO CONTACT US

2.1 Company details:

(company number ) (we and us) is a company registered in Cyprus and our registered office is at . also trades under the trading name(s) IQ Test Brain. Our main trading address is Our VAT number is . We operate the website IQ Test Brain.

2.2 Contacting us:

To contact us, email us at contact@iqtestbrain.com. You may also contact us in writing at

3. BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

4. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy. See further under How we may use your personal information.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with our Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.
• If you purchase services from our site, our Website terms and conditions of supply will apply to your purchase.

5. WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

These terms were most recently updated on 18/01/2023 when we changed clause 12.

6. WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs, and our business priorities or for any other reason.

7. WE MAY SUSPEND OR WITHDRAW OUR SITE

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

8. WE MAY TRANSFER OUR CONTRACT WITH YOU TO SOMEONE ELSE

We may transfer our rights and obligations under this contract to another organisation. If you have an open account or subscription with us then we will always tell you in writing if this happens and if you are a consumer we will ensure that the transfer will not affect your rights under the contract.

9. YOU MAY ONLY TRANSFER YOUR CONTRACT WITH US TO SOMEONE ELSE IF WE AGREE

We may not agree to this. If we do, we can require the party you transfer the contract to to prove that you transferred the Subscription and all account access to them. If you are a business, you need our agreement to transfer your contract with us and it is entirely up to us whether we give it.

10. OUR SITE IS NOT ONLY FOR CYPRUS USERS

Our site is not only directed to people residing in Cyprus. We represent that content and services available on or through our site are appropriate for use or available in various locations, including outside Cyprus and Europe.

11. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security or account sign-in procedures, you must treat such information as confidential.

You must not disclose it to any third-party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, and to close your account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

12. HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

13. NO TEXT OR DATA MINING, OR WEB SCRAPING

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

14. DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

15. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or Services to you, which will be set out in our Website terms and conditions for the supply of services.

16.1 Our liability to consumers

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised.

16.2 Our liability to businesses

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill, or reputation; or
• any indirect or consequential loss or damage.

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

18. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes, and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

19. RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact us using the contact details in section 2.2 above.

20. OUR TRADEMARK IS REGISTERED

www.iqtestbrain.com is a trademark of . You are not permitted to use it without our approval, unless it is part of material you are using as permitted under the section in this agreement on How you may use material on our site.

21. GENERAL

21.1 Governing law and jurisdiction

These terms are governed by Cyprus law.

If you are a consumer, then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland, or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in.

If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

21.2 Nobody else has any rights under this contract

This contract is between you and us. Nobody else can enforce it, and neither of us will need to ask anybody else to sign off on ending or changing it.

21.3 If a court invalidates some of this contract

If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

21.4 Even if we delay in enforcing this contract

We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

1. ABOUT US

1.1 Company details:

(company number ) (we and us) is a company registered in Cyprus and our registered office is at . also trades under the trading name(s) www.iqtestbrain.com.

Our main trading address is

Our VAT number is . We operate the website www.iqtestbrain.com.

1.2 Contacting us:

To contact us, email us at contact@iqtestbrain.com.

You may also contact us in writing at

2. BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms and that you agree to comply with them.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Website terms and conditions apply to your use of our site.
• Our Privacy Policy. See further under How we may use your personal information.
• Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase services from our site, our Website terms and conditions of supply will apply to your purchase.

4. WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 18/01/2023 when we changed clauses 20 and 21.

5. PROHIBITED USES

You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To upload terrorist content.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Website terms and conditions and Website terms and conditions for the supply of services.
• Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third-party.

6. CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (Contribution).

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

will determine, in its sole discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in Cyprus and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third-party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from , if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

7. BREACH OF THIS POLICY

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our Website terms and conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all actions we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

8. HOW THIS CONTRACT CAN BE TRANSFERRED

We can transfer our rights and obligations under these terms to any third-party, provided this does not adversely affect your rights under these terms.

9. GENERAL

9.1 Governing law and jurisdiction

These terms are governed by Cyprus law.

If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in.

If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

9.2 If a court invalidates some of this contract, the rest of it will still apply

If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

9.3 Even if we delay in enforcing this contract, we can still enforce it later

We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

1.1 Company details:

(company number ) (we and us) is a company registered in Cyprus and our registered office is at . also trades under the trading name(s) www.iqtestbrain.com.

Our main trading address is

Our VAT number is . We operate the website www.iqtestbrain.com.

1.2 Contacting us:

To contact us, email us at contact@iqtestbrain.com.

You may also contact us in writing at

Details of how to give us formal notice of any matter under the Contract are set out in section 9.

2. OUR CONTRACT WITH YOU

2.1 Our contract

These terms and conditions (Terms) apply to all transactions between you and us for subscriptions, and the use of our Services, whether these require a payment from you or not.

You must be at least eighteen (18) years old and have legal capacity to enter into a contract with us.

2.2 Your personal data

How we use any personal data you give us is set out in our Privacy Policy.

2.3 Your personal data

These Terms and the contract are made only in the English language.

2.4 Your copy

You should print off a copy of these Terms or save them to your computer for future reference.

2.5 Our right to make changes to these Terms

We may update or modify these Terms or any term of your contract with us and the terms of any referenced policies at any time where:

• It is necessary to reflect changes in relevant laws and regulatory requirements;
• To correct any errors;
• To make our contract terms clearer;
• To improve the functionality or range of Services we offer;
• To make technical adjustments and improvements; and
• For any other reason.

We may also change the Subscription Fee payable by you to us for your subscription and the frequency of payments we will automatically take from your payment card for our Services. See section 3 of these Terms for further information.

We may make changes to these Terms which are immaterial or advantageous to you immediately, without notice to you and without offering cancellation, or account closure options and/or any refund to you.

If we make material changes to these Terms or to our contract which may be significantly detrimental to you (Detrimental Changes), we will provide you with at least fourteen (14) days’ notice of this by email to the email address registered to your account.

If the Detrimental Changes will take effect during a Subscription you have already paid a Subscription Fee for or within any 3-day offer we provide to you then, when notifying you of such Detrimental Changes, we will offer you the option to cancel your Subscription or 3-day offer and to close your account and receive a pro-rata refund of any Subscription Fee you have paid to us for the remaining period of any Subscription you have. If you wish to accept the cancellation offer then you must do so within 14 days of us making it and you will then lose access to our Services and your account immediately. Any refund due will be made by the method you used for your payment of the Subscription Fee within 14 days of you accepting the cancellation offer. If you do not accept the cancellation offer within 14 days then you will be bound by the changes including any Detrimental Changes.

If the Detrimental Changes will apply from the renewal of your Subscription or the expiry of any 3-day offer we provide to you then they will take effect when your Subscription starts or renews on your Automatic Subscription Billing Date, unless you disable automatic renewal of your Subscription prior to your Automatic Subscription Billing Date (see section 3.6) in which case you will no longer have access to our Services.

2.6 We may end our contract with you

We can end our contract with you and claim any compensation due to us if you don’t make any payment to us when it’s due; or if you don’t, within a reasonable time of us asking for it, provide us with information or cooperation that we need in order to provide a Service to you.

If we do so then all data within your account including any digital content will be subject to deletion without warning.

2.7 We may transfer our contract with you to someone else

We may transfer our rights and obligations under this contract to another organisation. We will always tell you in writing if this happens and if you are a consumer we will ensure that the transfer will not affect your rights under the contract.

2.8 You may only transfer your contract with us to someone else if we agree

We may not agree to this. If we do, we can require the party you transfer the contract to to prove that you transferred the subscription and your account access to them. If you are a business you need our agreement to transfer your contract with us and it is entirely up to us whether we give it.

3. YOUR SUBSCRIPTION

3.1 Your Subscription, Subscription Fee and Automatic Subscription Billing Date:

• We provide our Services (see section 4 below) on a subscription basis and we take payments at regular intervals from you in order to provide our Services to you.
• Your Subscription has the duration that is stated on our website at the time that your Subscription commences or as otherwise advised by us to you when your Subscription is due to renew (Subscription Duration). It starts at the time that you commence your paid Subscription or, for renewals, each time that your Subscription is renewed on your Automatic Subscription Billing date, and it ends when the Subscription Duration lapses. In the event that the numeric day that your Subscription starts is not contained in the month in which your Subscription is due to lapse, your Subscription will end on the last day of the month in which your Subscription would otherwise lapse.
  By way of example only, if your Subscription is for a Subscription Duration of 3 months beginning on 31 January then it will end on 30 April and, if automatic renewal is not disabled prior to 30 April, your Subscription will be renewed and will begin again on 30 April for a further Subscription Duration of 3 months to end on 30 July.
• Your Subscription Fee is the amount payable by you to us in advance for your Subscription, as stated on our website at the time you commenced your Subscription or as otherwise advised by us to you. It includes any VAT and/or any applicable taxes.
• By subscribing to our Services, you agree to pay the Subscription Fee on a recurring basis each time your Subscription renews and for an indefinite period of time, until your Subscription is either cancelled by you or us in accordance with these Terms.
• Your Automatic Subscription Billing Date is the date that your Subscription ends, or that your 3-day offer ends if we have offered a 3-day offer to you.
• Your Subscription will be renewed by us and start again automatically for the Subscription Duration on your Automatic Subscription Billing Date and you will be charged the Subscription Fee on that date in accordance with section 3.3, unless you have disabled automatic renewal prior to the Automatic Subscription Billing Date in accordance with section 3.6.

3.2 We may vary the Subscription Fee and Subscription Duration:

• We may vary the Subscription Fee and/or Subscription Duration at any time, although any such variation will only apply to you as of your Automatic Subscription Billing Date when your Subscription will automatically be renewed. We will provide you with at least fourteen (14) days’ notice of any variation to your Subscription Fee and/or Subscription Duration by email to the email address registered to your account.
• If you do not wish to accept any variation we make to your Subscription Fee and/or Subscription Duration then you must disable automatic renewal of your subscription in accordance with section 3.6 of these Terms before the Automatic Subscription Billing Date. Note that if the rate of VAT changes any time before the Subscription Fee is charged to you then we will adjust the rate of VAT that you pay.
• Occasionally there may be an error or an inaccuracy in the price or description of our Subscription Fee and/or Subscription Duration. If this happens then we will contact you by email to the email address registered in your account to establish whether you want to cancel your Subscription at no cost and obtain a refund of any payment that you have made for the relevant Subscription; or proceed with your Subscription based on the corrected price or description.

3.3 We will automatically renew your Subscription:

• Your Subscription will automatically renew on the Automatic Subscription Billing Date for the Subscription Duration and on each Automatic Subscription Billing Date thereafter and may be renewed by us even if we are unable to take payment for your Subscription Fee from you until a later date. We will provide you with notice of the renewal of your Subscription at least fourteen (14) days’ prior to your Automatic Subscription Billing Date by email to the email address registered in your account.
• Your payment information will be used to collect the Subscription Fee from your payment card on or shortly after your Automatic Subscription Billing Date, each time that your Subscription renews. You may disable the automatic renewal of your Subscription at any time by following the instructions in section 3.6 below. If you disable automatic renewal then any use you have of our Services will cease upon the expiry of your Subscription or on the expiry of your 3-day offer if we provided one to you.
• If the payment information you provide cannot be verified, is invalid or is otherwise not acceptable, or if payment cannot be taken at the required time, then we may make one or more further attempts to collect your Subscription Fee from you using your payment information during the thirty (30) days that follow your Automatic Subscription Billing Date. However, your Subscription may be suspended or cancelled by us and/or your account may be closed without notice if payment cannot be taken at the required time regardless of whether we have made any further attempts to collect your Subscription Fee from you.
  If this occurs then all data within your account including any digital content will be subject to deletion without warning.

3.4 Your payment information

• To access our Services, you will need to create an online account with us and provide your payment information. We currently accept Visa and Mastercard credit and debit payment cards.
• In accordance with our Privacy Policy, we will retain your payment information when you provide this to us. This information is used to take payment for your Subscription from your payment card on or following each Automatic Subscription Billing Date (see sections 3.3 and sections 3.5), and so that we may suggest its use for any subsequent transaction you enter into with us, so that you do not need to re-enter your payment information each time you transact.
• We use third-parties to process payments. You agree we may securely transfer your information including your payment information to those third-parties for the purpose of processing your payments.
• On occasion we may also obtain and use updated credit/debit card account information from credit/debit card providers in order to retry payments that have failed and to complete transactions, including by reattempting failed payments with extended expiration dates.
  Please contact your credit/debit card issuer if you require more information about this service.

3.5 You will be charged the Subscription Fee after a 3-day offer if you do not disable automatic renewal:

• We may, at our sole discretion, get you a 3-day offer of our Services. If we do so then we will retain your payment information in accordance with and for the purposes set out in sections 3.3 and sections 3.4 above. Any offer will expire in accordance with the expiry date advised by us to you when you accepted the offer. Your Automatic Subscription Billing Date will be the same date that your offer expires. If you do not cancel your offer or disable automatic renewal in accordance with section 3.6 below prior to the Automatic Subscription Billing Date then we will use your payment information to charge you the Subscription Fee on that date and then to charge you the Subscription Fee on each date that your Subscription lapses thereafter, in accordance with section 3.3.
• Your Subscription will begin on the Automatic Subscription Billing Date and will be for the Subscription Duration as advised by us to you when you commenced your offer or as advised by us to you from time to time. You may disable the automatic renewal of your Subscription at any time by following the instructions in section 3.6 below. Our offers are intended for new customers and certain former customers to try out our Services. Eligibility is determined solely by us, and we may limit access to offers or the duration of offers to prevent abuse.
• We can terminate an offer without notice and for any reason at any time including if we determine that you are not eligible for the offer. If your offer is terminated by us then we will not charge you the Subscription Fee, you will not have a Subscription with us and we will have no liability to you. Upon termination of an offer by us, you will no longer have access to our Services.
  If this occurs then all data within your account including any digital content will be subject to deletion without warning.

3.6 Disabling automatic renewal:

• You can disable automatic renewal of your Subscription at any time during the Subscription or 3-day offer provided that you do so no later than the day before your Automatic Subscription Billing Date or the day before your 3-day offer expires. You can do so by calling us using the telephone number provided in our Contact Details section or by going to our website, clicking on the Unsubscribe button, entering the email address provided when opening your account and then following the onscreen prompts in a link that will be sent to you via email.
• If you disable automatic renewal in accordance with the above paragraph then your access to our Services will cease upon the expiry of your current Subscription or 3-day offer and we will not charge you for a further Subscription when your Subscription or 3-day offer ends. However, you will continue to have access to our Services until the end of any already paid Subscription or 3-day offer. If you have any questions, please contact us using the details in section 1.2 above.

3.7 Your use of our Services is personal to you:

• We will grant you a non-exclusive, non-transferrable right and licence, without the right to grant sublicences, to use our Services during any 3-day offer we provide to you and during any Subscription for which you have paid the Subscription Fee. Only you are authorised to access and use your account, your Subscription and our Services or any 3-day offer we provide to you. Our Services and any products, goods or digital content we provide to you are personal to you.
• You agree not to disclose and to keep secure your account password and you agree that you will not allow your account or Subscription or any 3-day offer we provide to you to be used by any other person.
• You agree not to access all or any part of the Services in order to build a product or service which competes with our Services or to use your Subscription or our Services to provide services to others.
• You agree not to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit or make our Services or any products, goods or digital content we provide to you available to any third-party.

3.8 You must keep your account and Subscription details safe:

You agree to use all reasonable endeavours to prevent any unauthorised access to or use of your account and your Subscription and agree, in the event of any such unauthorised access or use, to promptly notify us.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, and to close your account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

3.9 We may not renew your Subscription or may cancel your Subscription or your 3-day offer at any time:

• We reserve the right at our absolute discretion not to renew your Subscription or to cancel your Subscription or your 3-day offer at any time and without giving any reasons for our decision to do so. If we do so, we will make a pro-rata refund of any Subscription Fee you have paid to us for any days remaining in any Subscription you have with us.
• We may also cancel or restrict your access to and use of our Services and/or we may close your account without notice.
• If your account is closed, all data within it including any digital content will be subject to deletion without warning.

4. SERVICES

4.1 Services we provide and our timescales for doing so

• Our Services allow to calculate your IQ score and online tests as described on our website and with no limitation. We also provide online assistance via chat, email or phone related to account management, subscriptions and brain training. Each of these is individually a Service.
• Access to your Subscription and/or our Services will generally be provided upon your payment of the Subscription Fee or the commencement of a 3-day offer with us.
• Our Services are done instantly and with no delivery timescale applies to it.
• Our performance of this service is considered complete and our obligations fulfilled upon the submission of your IQ score once the test is performed.
• We will use reasonable endeavours to meet any performance dates and timescales specified by us, but any such dates and timescales are estimates only and any failure by us to perform a Service by such dates or within such timescales will not give you the right to terminate the contract or any right to compensation or damages from us.
  You agree that time is not of the essence under our contract.

4.2 How to get further information about our Services

Should you require further information about any of our Services then you may request this from us using our contact details as set out in section 1.2 above.

4.3 Placing an order for a Service

• Please follow the onscreen prompts on our website to place your order for one of our Services when subscribing or when signed in to your account with a 3-day offer or with an active paid-for Subscription. You may only submit an order using the methods set out on our website.
• By placing an order for a Service you confirm that all personal information you provide is to your knowledge accurate and up to date and you confirm that you are eligible to access and apply for the Service, search, product, goods or digital content you are applying for and that you have fully complied with all applicable laws, regulations and legislation.

4.4 We may not accept or fulfil your order for a Service

• We may be unable to accept or fulfil your order for a Service. This might be because the third-party company we use to provide the Service to you is not available for us to complete your order, because of unexpected limits on our resources which we could not reasonably have planned for, because of an error in our systems, because we have identified an error in the price or description of the Service or for any other reason.
• If we are unable to supply you with a Service you have ordered for any reason we will inform you of this by email to the email address registered to your account, we will not process your order for that Service. Subject to the following paragraph, it may be possible for you to place a further order for that Service at a later date within your Subscription or 3-day offer.
• If we are permanently unable to supply you with one or more of our Services and you have paid a Subscription Fee for your current Subscription, we will inform you by email and offer you the option to cancel your Subscription, close your account, and receive a pro-rata refund of any Subscription Fee you have paid. You must accept the cancellation offer within 14 days to receive a refund.
• If we are permanently unable to supply you with one or more of our Services and you have paid a Subscription Fee for your current Subscription then we will inform you of this by email to the email address registered to your account and offer you the option to cancel your Subscription and close your account and receive a pro-rata refund of any Subscription Fee you have paid to us for any days remaining in your Subscription. If you wish to accept the cancellation offer then you must do so within 14 days of us making the cancellation offer to you and you will then lose access to our Services and your account immediately. We will make any such refund by the method you used for your payment of the Subscription Fee within 14 days of you accepting the cancellation offer.

4.5 Availability of our Services

We provide our Services on and subject to the terms of this contract. We shall use commercially reasonable endeavours to make our website and our Services available 24 hours a day, seven days a week, although provide no guarantee that the website and/or our Services will always be available or be uninterrupted.

If our supply of a Service is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us using the contact details in section 1.2 above to end the contract and receive a pro-rata refund of any Subscription Fee you have paid to us for any remaining days in your Subscription.

4.6 We may vary, suspend and withdraw any of our Services at any time

We can vary or amend the specification of any Service if required by any applicable statutory or regulatory requirement or for any reason at all. We may do so without notice.

We can suspend and restrict the supply of any Service to deal with technical problems or make technical changes, to update the product to reflect changes in relevant laws and regulatory requirements, to make changes to the product or for any reason at all. We may do so without notice.

We can also suspend or restrict our Services in the event we have been unable to collect payment from you for a Subscription when it is due. We may do so without notice.

We can withdraw any Service if required by any applicable statutory or regulatory requirement or for any reason at all. We may do so without notice.

If you have paid a Subscription Fee for your current Subscription and during your current Subscription we suspend or restrict one or more of our Services for more than 7 contiguous days or we withdraw one or more of our Services then we will contact you by email to the email address registered to your account to offer you the option to cancel your Subscription and close your account and receive a pro-rata refund of any Subscription Fee you have paid to us for any days remaining in your Subscription. If you wish to accept the cancellation offer then you must do so within 14 days of us making it to you and you will then lose access to our Services and your account immediately. We will make any such refund by the method you used for your payment of the Subscription Fee within 14 days of you accepting the offer.

No right to any refund arises if we suspend or restrict or withdraw any of our Services if you are not within an active Subscription for which you have paid a Subscription Fee.

5. CLOSING YOUR ACCOUNT

If your 3-day offer or Subscription expires or ends and your Subscription is not renewed on its Automatic Subscription Billing Date then your account will remain active for one (1) year, after which your account may be closed by us without warning.

You may also close your account at any time by requesting account closure from us, though doing so will end your 3-day offer or Subscription immediately without any right to a refund of any Subscription Fee you have paid.

Where any of our Services result in a supply of digital content to you and that digital content is made available to you in your account then you will be able to access that digital content in your account so long as your account remains open.

However, if your account is closed, whether by us or at your request, all data within it including any digital content will be subject to deletion without warning.

6. YOUR RIGHTS AND REMEDIES AS A CONSUMER

This section applies to consumers only. Business customers should refer to section 10 for information applicable to business customers.

6.1 Our legal duties

We honour our legal duty to provide consumers with products that are as described on our website and meet all legal requirements.

If your product is a Service, such as the IQ evaluation, the Consumer Rights Act 2015 allows you to request a repeat or fix of the service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it. If a price hasn’t been agreed upfront, what you pay must be reasonable. If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

6.2 Obtaining a refund

If you are a consumer, you have a legal right to change your mind. Subject to the following paragraphs, you may withdraw from our contract for any or no reason at all within fourteen (14) calendar days of being charged the Subscription Fee (the Withdrawal Period).

If you wish to withdraw from our contract and obtain a refund you must do so prior to the expiry of the Withdrawal Period by contacting us and making an unequivocal statement to us, or by returning a completed cancellation form to us.

However, you will not be able to exercise your right to withdraw after any Service that you have ordered from us has been fully performed if performance began with your express request for immediate performance and your acknowledgement that you will lose your rights of withdrawal from the contract once the Service has been fully performed.

In the event you exercise your right to withdraw after performance of any Service that you have ordered from us has been commenced but before it has been fully performed then you may only receive a partial refund to account for any reasonable costs we have already incurred.

If you withdraw from our contract in accordance with this section then any refund due to you will be paid to you within fourteen (14) days of the date you informed us that you wished to withdraw. We will make any refund due by the method you used for your payment of the Subscription Fee.

If you cancel or withdraw from our contract after the expiry of the Withdrawal Period then you will not be entitled to any refund.

6.3 Cancellation form

If you are a consumer and wish to exercise a right you have to cancel your contract with us then you may do so using the following cancellation form.

Complete and return this form only if you wish to withdraw from the contract

To: IQ Test Brain , contact@iqtestbrain.com
I hereby give notice that I wish to cancel my current subscription for the supply of your services which commenced on [DATE]
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

7. COMPLAINTS AND RESOLVING DISPUTES

7.1 Complaints

If you have a complaint about our Services, please inform us using our contact details as set out in section 1.2 above. We aim to respond to all complaints within 7 days.

7.2 Resolving disputes without going to court

If you are a consumer, you may be able to resolve any dispute with us through Alternative Dispute Resolution, which is an optional process where an independent body considers the facts and seeks to resolve the dispute without going to court.

You can submit a complaint to through their website at www.iqtestbrain.com.

8. LIMITATION OF LIABILITY

8.1 Our liability to consumers

Subject to the limit set out in this section, we may be responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected: It was not obvious that it would happen and nothing you said to us and that we acknowledged in writing to you before we accepted your order for a subscription or before providing you with a 3-day offer meant we should have expected it (so, in law, the loss was unforeseeable).
• Caused by a delaying event outside our control: As long as we have taken steps to contact you as soon as possible to let you know and have done what we can to reduce the delay.
• Avoidable: Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following installation or maintenance instructions or by having the minimum system requirements advised.
• A business loss: Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses (section 8.2).

Our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Subscription Fee paid by you for the Subscription in which the incident or Service giving rise to the loss arose.

8.2 Our liability to business

If you are a business, then, except in respect of the losses described in Losses we never limit or exclude (section 8.3):

• We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Subscription Fee paid by you for the Subscription in which the incident or Service giving rise to the loss arose.

8.3 Losses we never exclude

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• Fraud or fraudulent misrepresentation;
• Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• Defective products under the Consumer Protection Act 1987;
• Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

8.4 No implied terms about goods

Except to the extent expressly stated in section 10.2 concerning Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

9. NOTICES

When we refer to “in writing” in these Terms, this includes email.

Any notice or other communication given under or in connection with the contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

Our contact details as provided in section 1.2 above may be used to contact us.

A notice or other communication is deemed to have been received:

• If delivered personally, on signature of a delivery receipt;
• If sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
• If sent by email, at 9.00 am the next working day after transmission.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

10. ADDITIONAL TERMS AND INFORMATION FOR BUSINESS CUSTOMERS

10.1 Business customers do not have all the same rights as consumers

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product or Service and we don’t compensate them in the same way for losses caused by us or our products or Services.

Where a term applies just to businesses or just to consumers, this is clearly stated in these Terms.

You are a business customer if you are transacting with us wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

10.2 Your rights if you are a business

We warrant that on delivery, and for a period of 1 month from the date of delivery (warranty period), any products which are goods shall:

• Conform with their description and any relevant specification;
• Be free from material defects in design, material and workmanship;
• Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
• Be fit for any purpose held out by us.

10.3 Entire agreement

If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

10.4 No set-off rights

If you are a business customer, all amounts due under this agreement (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

11. GENERAL

11.1 Governing law and jurisdiction

These terms are governed by Cyprus law.

If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in.

If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

11.2 Nobody else has any rights under this contract

This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

11.3 If a court invalidates some of this contract, the rest of it will still apply

If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

11.4 Even if we delay in enforcing this contract, we can still enforce it later

We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.