Terms of Use
These terms ("Terms of Use") apply to your use of or access to: the Brain in Hand software including the web and mobile apps (the "Software"), associated human support services ("Human Support") and associated technical support ("Technical and Customer Support") (together the "Services").
Last updated: 20th March 2024
3.1. Who we are: We are Brain-in-Hand Limited, a company registered in England and Wales with company registration number 06971006, whose registered office address is at Broadwalk House, Southernhay West, Exeter, Devon, England, EX1 1TS. References to "we", "us" or "our" in these Terms of Use are to Brain-in-Hand Limited; and references to "you" or "your" are references to you as the user of the Services. In these Terms of Use, a "Service User" is any user of the Services.
3.2. How to contact us: You can contact us by phone on 01392 247909 or by email at support@braininhand.co.uk.
3.3. How we may contact you: If we need to contact you, we will do so by email, text or phone call to the contact details you provide to us when registering your account. You must provide us with an email address and mobile phone number in order to register for and use the Services. Our privacy notice [click here to view our privacy notice] provides more information about the situations in which we may seek to contact you.
2.1. By clicking on the "SUBMIT REGISTRATION" button and proceeding to register your account, you are confirming you agree to these Terms of Use and you will be bound by them. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, do not continue to register an account.
2.2. You must be at least 14 years of age to use the Services.
2.3. If you are under 18 years of age, you must not buy the Services yourself. Regardless of your age, either:
2.3.1. an organisation (such as an employer, local authority or reseller/equipment supplier) pays for your Licence on your behalf; or
2.3.2. an adult (18+) must make payment for the Licence.
2.4. If not already known to us, you must provide contact details (email address) of the person paying for your Licence when you register your account. This may be someone at an organisation or you or another adult. By providing those contact details, you confirm:
2.4.1. that they are correct; and
2.4.2. that the relevant person has agreed to purchase the Licence on your behalf.
2.5. YOU MUST EITHER UPDATE YOUR DETAILS ON YOUR ACCOUNT OR TELL US BY CONTACTING US ON THE DETAILS PROVIDED IN PARAGRAPH 1.2 (AS APPLICABLE) IF ANY INFORMATION YOU PROVIDE BECOMES OUT OF DATE OR IS NO LONGER CORRECT. THIS INCLUDES, FOR EXAMPLE, YOUR CONTACT DETAILS OR THE CONTACT DETAILS OF THE PERSON PAYING FOR THE SERVICES.
2.6. We license you to use the Services in line with these Terms of Use (the or your "Licence").
3.1. Your Licence may be an:
3.1.1. “Individual Licence”, which has been requested and paid for by yourself personally, or has been requested by you but paid for by another person or organisation on your behalf. This single-seat licence is initially 12 months in duration, unless otherwise agreed in writing by us.
3.1.2. “Organisational Licence”, which has been paid for by an organisation that has a contract to purchase multiple licences, and has provided one to you.
3.1.2.1. Single-seat Organisational Licences are initially 12 months in duration, unless otherwise agreed in writing by us.
3.1.2.2. Multi-seat Organisational Licences are initially up to 12 months in duration, dependant upon contractual terms.
3.2. For more information relating to which type of Licence you have been provided with, please contact support@braininhand.co.uk for further information. The initial Licence Period shall start when activated in line with paragraph 3.3 and will expire at the end of that Licence Period, unless the Licence is renewed by the purchaser.
3.3. Your Licence will be activated when you first proceed to access the Services. You are entitled to access the Services from the point of registering your Account, if you so wish. If you do not choose to access the Services (i.e. activate the Licence) within 90 days of invitation to register your Account, the Licence will be automatically activated on the 90th day and the Licence Period will start running from that date.
3.4. If your Licence has been paid for by:
3.4.1. an Organisation, you must follow the instructions of that Organisation with regard to your use of the Services;
3.4.2. another individual, you must follow the instructions of that purchaser with regard to your use of the Services.
3.5. If an invoice relating to your Licence remains outstanding 30 days after the due date, we can stop your access to the Services and, if it is not paid within 60 days, we may terminate your Account.
3.6. We hope that by using the Services, you will be able to reduce anxiety, manage overwhelm, gain motivation and be more confident. This might mean you can do more on your own and be more independent. If you can do more on your own, you may not be eligible for the same disability benefits as you are now. Please take advice from a Benefits Advisor about what this could mean for you. We are not responsible for any change to your benefits as a result of you using the Services.
3.7. If, during your Licence Period, you have a change in circumstances and become ineligible for funding for the continuation or renewal of your Licence, you must inform us by contacting us on the details provided in paragraph 1.2 (as applicable).
4.1. Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice [click here to view our Privacy Notice] and it is important that you read this information.
The ways in which you can use the Software may also be controlled by the Apple App and/or Google Play Stores’ rules and policies [click here to view the apple app store software licence agreement] [click here to view the Google Play Terms of Service] and Apple App and Google Play Stores’ rules and policies will apply instead of these Terms of Use to the extent that there are differences between the two.
6.1. The mobile version of the Software is compatible with mobile devices running most Android and iOS (Apple) operating systems.
6.2. The web-app version of the Software is compatible with most web browsers operating the current or most recent previous version of their web browser software. We recommend use of our preferred browsers: Google Chrome, Microsoft Edge or Apple Safari; to ensure all accessibility and functionality features operate as expected.
6.3. As a minimum, we recommend you use either the current version or the most recent previous major version of your device’s operating system or web browser. We do not guarantee that the Software will function on older versions of operating systems or web browsers.
6.4. In order to make full use of the Services (including Human Support), an internet / data connection is required. In the event your mobile device is not connected to the internet, you will be able to access your account content but unable to synchronise new content or make use of features which require a data connection. For full details, please [click here to visit our helpcentre].
6.5. For more information on the operating system, web browser and data requirements of the Software, including which previous software versions we still support, please [click here to visit our helpcentre].
7.1. The Services are comprised of use of and access to:
7.1.1. the Software;
7.1.2. Human Support; and
7.1.3. Technical and Customer Support.
7.2. The Services can be accessed through the Brain in Hand secure website [https://secure.braininhand.co.uk/login/] or through the mobile Software in the form of an app on a smart device; both require you to have registered with us to confirm login details. Access to the Services through the app is also subject to your compliance with the terms and conditions of the app store used to download the Software, and any other applicable third party terms.
7.3. The Services will be provided in accordance with our Safeguarding Policy [click here to view our safeguarding policy], using suitably trained and qualified professionals who are experienced in working with neurodiverse individuals and those with mental health needs. We support the use of our safeguarding escalation processes, and undertake regular reviews of escalations and risk assessments.
7.4. We request that you provide us with home addresses and emergency contact details so that we can deliver the Services to you. For more details about how and when we might use this information, please [click here to visit our helpcentre].
7.4.1. If you are over 18 years of age, you may opt out from providing an emergency contact. If you opt out, you acknowledge and agree that we will call 999 if at any time we are concerned for your immediate safety, but that help may be delayed in the event that you have opted out.
7.4.2. If you are under 18, we will need the details of your emergency contact. If those details are not provided at the point of registering your account, we will be unable to provide you with access to the Services.
7.5. We are under a legal duty to supply content that is in conformity with these Terms of Use, and we will use our reasonable endeavours to deliver the Services in line with these Terms of Use. We will deliver the Services with reasonable skill and care, and in accordance with all applicable laws and regulations.
7.6. We hold and will maintain all necessary licences, consents, and permissions as required to enable us to provide the Services.
7.7. When we supply the Software:
7.7.1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
7.7.2. we do not promise that it is compatible with any third party software or equipment, except where we have said that it is;
7.7.3. you acknowledge that there may be minor errors or bugs; and
7.7.4. we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over the internet, and you acknowledge that the Software may be subject to limitations, delays and other inherent problems as a result.
8.1. Support with setting up your account. If you want to learn more about the Services or if you have any problems using them, please take a look at the support resources in our HelpCentre [click here to visit our helpcentre]. As part of the Human Support, there is assistance available to help you get used to the Software, at no extra cost. If you want to make use of this, it will be delivered via Microsoft Teams. You will therefore need an internet-connected device (laptop/pc/tablet) upon which to access the session and share screens.
8.2. Contacting us (including with complaints). We will as part of the Services provide the Technical and Customer Support to you during the hours of 09:00 - 17:30 Monday to Friday, excluding bank holidays in England. If you think any element of the Services is faulty or misdescribed, or you want to contact us for any other reason, please get in touch with us on the contact details provided in paragraph 1.2.
8.3. Cancelling your Licence. Depending on the type of Licence you have, you may have the right to cancel it (without giving a reason).
8.3.1. Individual Licences can be cancelled (and qualify for either a full or pro-rated refund) up to 90 days from receipt of invitation to register your Account.
8.3.2. Organisational Licences that are on a named single-seat basis can be cancelled up to 90 days from receipt of invitation to register your Account, provided the account has not yet been activated.
8.3.3. Organisational Licences that are on a multi-seat basis can be cancelled at any time.
There may be other rights to cancel your Licence, depending on the type of Licence you have. For more information relating to which type of licence you have been provided with, please visit [click here to visit our helpcentre].
8.4. Cancelling or rescheduling a coaching session. If you need to cancel or reschedule a booked session with a coach as part of the Human Support, you can either contact your coach direct, reschedule using the 'reschedule' link in your booking receipt email or contact us on 01392 247909 or email bihcoaching@braininhand.co.uk. You must give us at least 24 hours' notice, or consequences as described in the Acceptable Use Guidelines may apply. We will contact your coach to let them know you have cancelled/rescheduled, and will work with you to reschedule your session to a mutually convenient date and time.
8.5. AVAILABILITY. WE WILL USE OUR REASONABLE ENDEAVOURS TO MAKE THE SOFTWARE AVAILABLE TO SERVICE USERS 24 HOURS A DAY, SEVEN DAYS A WEEK, EXCEPT FOR:
8.5.1. planned maintenance carried out during our usual maintenance window; and
8.5.2. unscheduled maintenance performed outside the hours of 09:00 - 17:30 each Business Day (i.e. Monday to Friday, excluding bank holidays in England) ("Normal Business Hours"), provided that we use our reasonable endeavours to give you at least 12 hours' notice in advance.
8.6. We will use our reasonable endeavours to make the Human Support available to Service Users 24 hours a day, seven days a week, except for:
8.6.1. scheduled coaching sessions; which will be available during Normal Business Hours with additional limited availability outside of Normal Business Hours, and which sessions need to be booked sufficiently in advance according to availability; and
8.6.2. planned and unscheduled maintenance, as described in paragraph 8.5, limiting access to on-demand Human Support.
8.7. We will as part of the Services provide the Technical and Customer Support to Service Users during Normal Business Hours.
8.8. When accessing or using our Services through your particular mobile network service provider, home broadband provider or other network provider, such third parties may charge you fees for you to do so (including data roaming charges or call and text charges, for example). You should ensure you understand all such charges and when they may be incurred in relation to interactions with our Services. Payment of such charges are a matter between you and your relevant network service provider, and not Brain-in-Hand. You acknowledge and agree that you or the person who has the contract with the relevant mobile network service provider has sole responsibility for paying such charges as they fall due.
FOR MORE INFORMATION ABOUT THE SERVICE AND ITS AVAILABILITY, PLEASE [CLICK HERE TO VISIT OUR HELPCENTRE].
9.1. In return for your agreement to comply with these Terms of Use, you may do all of the following:
9.1.1. download a copy of the Software in the form we provide onto any number of smart devices and view, use and display the Services on those devices for your personal purposes only;
9.1.2. provided you comply with the Licence Restrictions at paragraph 10, make unlimited copies of the app content for back-up purposes; and
9.1.3. receive and use any free supplementary software code or update of the Software incorporating patches and corrections of errors as we may provide to you.
10.1. You agree that you must:
10.1.1. except in the course of permitted sharing (see paragraph 9 (How you may use the Services)) not rent, sub-license, provide or otherwise make available the Services in any form, in whole or in part to any person without our prior written consent;
10.1.2. not allow your account to be used by or registered to anyone other than you (including another family member or supporter), share your account login details or password nor allow unauthorised access to or use of the Services by or make the Services available to any third party. You should remember that if you do, you may not be able to use your account in the ways you intended (please see [URL helpcentre] for more information);
10.1.3. not copy any part of the Software or the Services, except as part of the normal use of the Software and Services including to back-up data or where it is necessary for the purpose of back-up or operational security;
10.1.4. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Software on devices as permitted in these Terms of Use;
10.1.5. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law, provided always that you do not disclose any information obtained by you through those activities with any third party and that you do not use the information to create any software that is substantially similar to the Software; and
10.1.6. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Services.
10.2. You must not allow someone else to use the Services. We are giving you personally the right to use the Services as set out in paragraph 9 (How you may use the Services). You must not transfer use of the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the Software is installed, you must permanently remove the Software from it.
11.1. You must:
11.1.1. not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software or any operating system;
11.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the Services, including by the submission of any material (to the extent that that use is not licensed by these Terms of Use);
11.1.3. not transmit or use any material that is defamatory, discriminatory, offensive or otherwise objectionable in relation to your use of the Services;
11.1.4. not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Service Users; and
11.1.5. not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any of the Services.
11.2. Your use of the Services is subject to your ongoing compliance with our Acceptable Use Guidelines [click here to view our Acceptable Use Guidelines], and as updated from time to time.
11.3. You are responsible for any content that you add yourselves to the Software, Services and our systems.
11.4. You are also fully and solely responsible for all your acts and omissions, even if you are following anything in the Services. You are responsible for complying with the law and not harming or offending anyone including yourself or others, whether or not you believe you may be following any content or comments you have received from us or the Services.
12.1. We may need to change the Services and these Terms of Use from time to time:
12.1.1. to reflect changes in laws, regulations and codes of practice;
12.1.2. to make minor technical adjustments or improvements to the Software, for example to address a security threat. These changes should not affect your use of the Software;
12.1.3. to update digital content, provided that the digital content always meets the description of it that we provided to you. We might ask you to install these updates; and
12.1.4. to deal with additional features which we introduce, or for other reasons.
12.2. We will aim to give you at least 14 days' notice of any significant change by sending you an email at the email address you provide to us, with details of the change. We may alternatively notify you of any change when you next use the Services.
12.3. If you do not agree to a change made to the Services or the Terms of Use, you may not be able to continue using the Services. If you believe that a significant change to the Terms of Use or to the Services would materially disadvantage you (including changes to the essential characteristics of the Services), and you do not accept the change, the person who paid for your Licence may cancel the Licence at any time by submitting a request to us at support@braininhand.co.uk.
13.1. From time to time, we may automatically update the Software or change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Software for these reasons.
13.2. If you choose not to install the updates or if you opt out of automatic updates, you may not be able to continue using some or all of the Services.
13.3. The Software will always work with the current or previous version of the operating system (as it may be updated from time to time) as per paragraph 6.3 and match the description of it provided to you when you register this account.
14.1. If you download or stream the Software onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the phone or other device.
15.1. The Services may contain or provide links to other independent websites which are not provided by us. Those independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
15.2. You will need to make your own independent judgement about whether to use any independent sites, including whether to buy or obtain any products or services offered by them.
16.1. All intellectual property rights in the Services (including the Software and any content provided by or on behalf of us) throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Services, other than the right to use them in accordance with these Terms of Use.
16.2. As between you and us, you retain ownership of all rights in and to all of the material or content inputted into the Services by you. You grant us a right and licence for us and anyone else we permit to use such content for the following purposes: (a) to provide the Services for you; and (b) to inform our research, evaluation and product development (including for the Services).
17.1. YOU WILL BE RESPONSIBLE FOR ALL LIABILITY, LOSS, COSTS OR EXPENSES SUFFERED BY US AS A RESULT OF OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS OF USE OR NEGLIGENT USE OF THE SERVICES.
17.2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We are not liable for any losses that were not caused by any breach on our part, or which were caused by your own fault.
17.3. 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 or for fraud or fraudulent misrepresentation.
17.4. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, 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 our advice to apply an update to the Software offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
17.5. We are not liable for business losses. The Services are for domestic and private use only. If you use the Services for any commercial, business or resale purpose, we will have no liability (whether in contract, tort, negligence or any legal basis) for any loss of profit, loss of revenue, loss of business, loss of contracts, loss of reputation, loss of goodwill, business interruption, or loss of business opportunity.
17.6. Limitations to the Services. The Services are provided for general information purposes only. They do not offer advice on which you should rely, and in particular the Services do not constitute a mental health crisis service, counselling, therapy or medical advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from or through the Services. Although we make reasonable efforts to update the information provided by the Software and through the Human Support, we make no representations, warranties or guarantees, whether express or implied, that the information is accurate, complete or up to date.
17.7. We are not responsible for events outside our control. If our provision of the Services is delayed or hindered or prevented by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect. Provided that we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay the purchaser of your Licence may contact us to end their contract with us and receive a refund for any Services they have paid for but not received.
18.1. We may end your rights to use the Services at any time by contacting you if you have broken these Terms of Use in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
18.2. If we end your rights to use the Services:
18.2.1. you must stop all activities authorised by these Terms of Use, including your use of or access to the Services;
18.2.2. you must delete or remove the Software from all devices in your possession and immediately destroy all copies of the Software which you have and confirm to us that you have done this; and
18.2.3. we will disable access to your account and the Services.
19.1. We will ask you to help us with the evaluation of your experience of using the Services. This will be on a voluntary basis, so you can choose not to take part if you wish. This will likely take the form of questionnaires. When collating and reporting on feedback, all data and views expressed will remain anonymous unless you have specifically agreed otherwise or in the case of paragraph 19.1.1.
19.1.1. If you have been provided with an Organisational Licence, we may collect and share with the Organisation specific data about usage and provision of the Services by Service Users who have been paid for under the Organisational Licence to demonstrate progress and impact under the terms of our contract with the Organisation. Please see our Privacy Notice [click here to view our privacy notice] for details of what data we may share and how we keep your data secure.
19.2. In addition to the evaluation requests under paragraph 19.1, we appreciate all feedback, so we can improve the Services going forward. If you would like to share any other comments, please get in touch at feedback@braininhand.co.uk or via our feedback form [click here to visit our helpcentre]. Please see paragraph 20.7 if you would like to make a complaint.
20.1. We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
20.2. You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.
20.3. These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Use.
20.4. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5. Even if you or we delay in enforcing these Terms of Use, you or we can still enforce it later. If you or we do not insist immediately that the other does anything they are required to do under these Terms of Use, or if you or we delay in taking steps against the other in respect of breaking these Terms of Use, that will not mean that the other does not have to do those things and it will not prevent us or you taking steps against the other at a later date.
20.6. These Terms of Use are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
20.7. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services we have provided or any other aspect of your relationship with us, please first read our Complaints Policy, [click here to view our Complaints Policy] and contact us as soon as possible using the contact details set out above.