Website Membership Terms

In this Annex, capitalised terms have the meaning given to them in the GAINSBYBRAINS App Terms & Conditions (the “App Terms”), unless defined differently below:

1.1

Annex: these Website Membership Terms, which form an integral part of the Terms for Memberships purchased via the Website.

1.2

Website: the website operated by GAINSBYBRAINS at gainsbybrains.com, including its checkout environment.

1.3

Membership: a subscription to the GAINSBYBRAINS services purchased via the Website, including any free trial period, giving access to the Content through the GAINSBYBRAINS App and, where offered, the Website.

1.4

Stripe: Stripe Payments Europe, Ltd. and its affiliates, the payment service provider that processes payments for Memberships on behalf of GAINSBYBRAINS.

1.5

Consumer: a natural person acting for purposes outside their trade, business, craft or profession.

1.6

Withdrawal Period: the period of 14 days referred to in clause 8.1.

1.7

GAINSBYBRAINS: the limited liability company GAINSBYBRAINS B.V., seated at Zekeringstraat 17 A, 1014 BM Amsterdam, the Netherlands, Dutch Chamber of Commerce number 76549348 — the same party as defined in clause 1.5 of the App Terms.

2.1

This Annex applies to every offer, order and agreement concerning a Membership purchased via the Website, in addition to the App Terms.

2.2

In the event of a conflict between this Annex and the App Terms, this Annex prevails with respect to Memberships purchased via the Website.

2.3

Apple’s Standard EULA and the App Store provisions of the App Terms (including clauses 1.2, 1.3, 1.7, 3.1 and 8.1 of the App Terms) do not apply to the purchase and billing of a Membership via the Website. They continue to apply to your download and use of the GAINSBYBRAINS App itself.

2.4

For Memberships purchased via the Website, GAINSBYBRAINS — not Apple — is your contracting party and seller of record. Apple is not a party to, and bears no responsibility for, Memberships purchased via the Website.

2.5

The provisions of the App Terms on prohibited use, intellectual property, the health disclaimer, the results disclaimer, suspension and termination apply equally to the use of Content under a Membership, regardless of the channel through which the Membership was purchased.

3.1

A Membership requires an Account. One and the same Account is used for the GAINSBYBRAINS App and the Website.

3.2

An active Membership purchased via the Website unlocks the Content in the GAINSBYBRAINS App, and an active subscription purchased via the App Store unlocks the Content when you sign in on the Website (where Website access is offered). You cannot hold two overlapping paid subscriptions; the checkout will refuse a Website Membership while an App Store subscription is active.

3.3

The channel of purchase determines how your subscription is billed and managed: subscriptions purchased via the App Store are billed, renewed, cancelled and refunded exclusively through Apple in accordance with Apple’s terms; Memberships purchased via the Website are billed, renewed, cancelled and refunded exclusively through GAINSBYBRAINS in accordance with this Annex.

4.1

The agreement is concluded at the moment you click the order button on the confirmation page of the Website, after providing a valid payment method. GAINSBYBRAINS confirms the agreement by email. Dates and deadlines are calculated in Amsterdam time (CET/CEST).

4.2

Before placing the order you are shown: the identity and contact details of GAINSBYBRAINS, the main characteristics of the Membership, the total price including VAT, the duration and renewal terms, the cancellation conditions, and information on the right of withdrawal. The order button is clearly labelled to indicate that placing the order entails an obligation to pay (e.g. “Start trial, then pay €79.99/year” or “Start trial, then pay €12.99/month”).

4.3

The checkout allows you to identify and correct input errors before placing the order. The agreement can be concluded in English. GAINSBYBRAINS will provide you with a copy of, or durable-medium access to, this Annex and the App Terms together with the order confirmation; the confirmation email includes this Annex and the withdrawal instructions and model withdrawal form as PDF.

4.4

GAINSBYBRAINS may refuse or cancel orders in case of suspected fraud, abuse of promotions, or failure of payment authorisation. Any amounts already paid for a refused order will be refunded.

5.1

All prices shown to Consumers on the Website include VAT and any other mandatory charges. The price applicable to your Membership is the price shown at checkout at the moment of ordering.

5.2

Payment is processed by Stripe. The available payment methods are shown at checkout. GAINSBYBRAINS does not itself store your full payment card details; these are processed by Stripe. See the GAINSBYBRAINS Privacy Policy for details.

5.3

By purchasing an auto-renewing Membership you authorise GAINSBYBRAINS (through Stripe) to charge the applicable Membership fee to your chosen payment method at the start of each billing period until you cancel.

5.4

Invoices or payment receipts are provided electronically.

6.1

A Membership is entered into for the initial term selected at checkout (for example one month or twelve months) and starts on the date of conclusion of the agreement or, where applicable, at the end of a free trial. The trial period forms part of the agreement.

6.2

After the initial term, the Membership is automatically renewed for an indefinite period at the then-current billing interval, unless cancelled. After such renewal, you may cancel at any time with effect no later than one month after the date of cancellation, in accordance with Dutch law. Amounts prepaid for the period after the effective cancellation date will be refunded pro rata.

6.3

You can cancel your Membership at least as easily as you took it out: via the subscription management page in your Account on gainsbybrains.com or by email to support@gainsbybrains.com. Following cancellation you retain access until the end of the period already paid for, subject to clause 6.2. If you cancel during the free trial, the agreement ends at the end of the trial and nothing is charged.

6.4

GAINSBYBRAINS will send a reminder before the renewal of an annual Membership, stating the renewal date and price.

7.1

A Membership may start with a free trial. The duration of the trial is stated at checkout. A valid payment method is required to start a trial. Your payment method is collected before the agreement is concluded; nothing is charged before the end of the trial.

7.2

Unless you cancel before the end of the trial, the Membership automatically converts into a paid Membership at the price and interval stated at checkout, and the first payment is charged on the 14th day after conclusion of the agreement (the charge date shown at checkout). GAINSBYBRAINS will state the exact date of the first charge at checkout and will send a reminder email before the trial ends.

7.3

Free trials are available to new customers only. “New customer” means a person who has not previously had a trial or paid subscription for the GAINSBYBRAINS services through any channel, including the App Store.

7.4

Unused trial days lapse on conversion or cancellation and cannot be transferred or extended. GAINSBYBRAINS may modify or discontinue trial offers for future sign-ups at any time.

7.5

The agreement, including the free trial, is concluded at checkout. The Withdrawal Period runs from that moment. The conversion into a paid Membership does not start a new Withdrawal Period, because the price, billing interval and exact date of the first charge are shown to you before you place the order.

7.6

By ticking the checkbox at checkout you expressly request that the service starts immediately, during the Withdrawal Period.

8.1

If you are a Consumer, you have the right to withdraw from the agreement without giving any reason within 14 days from the day of conclusion of the agreement. The Withdrawal Period expires 14 days after the day of conclusion; the exact end date is shown at checkout and in the order confirmation.

8.2

To exercise the right of withdrawal, inform GAINSBYBRAINS of your decision by an unequivocal statement, for example by email to support@gainsbybrains.com or by using the model withdrawal form in Schedule 1 (use of the form is not mandatory). Sending your statement before the Withdrawal Period expires is sufficient.

8.3

If you withdraw, GAINSBYBRAINS will refund all payments received from you without undue delay and no later than 14 days after being informed of your withdrawal, using the same means of payment you used, unless you expressly agree otherwise. No fees are charged for the refund.

8.4

The right of withdrawal does not affect, and is in addition to, the cancellation rights in clause 6.

8.5

A withdrawal notice sent after the Withdrawal Period has expired is treated as a cancellation under clause 6, and we confirm this by email.

8.6

This clause applies to Consumers regardless of country of residence.

9.1

If a renewal payment fails, Stripe will retry the charge and GAINSBYBRAINS will notify you so you can update your payment method.

9.2

If payment has not been received within 15 days of the due date and after at least one payment reminder granting a further reasonable period to pay, GAINSBYBRAINS may suspend access to the Membership and terminate it. Statutory rules on default notices and extrajudicial collection costs for Consumers remain unaffected.

9.3

Suspension or termination for non-payment does not release you from amounts already due.

10.1

GAINSBYBRAINS may change Membership prices. A price change applies to your Membership only from the next renewal, and GAINSBYBRAINS will notify you of the new price at least 30 days before it takes effect. If you do not agree, you can cancel with effect from the date the new price would apply.

10.2

GAINSBYBRAINS may amend this Annex. Material amendments will be announced in advance; if a material amendment is to your disadvantage, you may cancel with effect from the date the amendment takes effect.

11.1

Nothing in this Annex limits your statutory rights as a Consumer, including your rights in respect of digital services that do not conform to the agreement.

11.2

If you initiate a chargeback while the corresponding charge was made in accordance with this Annex, GAINSBYBRAINS may suspend the Membership pending resolution and may charge you the reasonable costs caused by an unjustified chargeback.

12.1

Questions and complaints about a Membership can be sent to support@gainsbybrains.com. GAINSBYBRAINS will respond within 14 days of receipt; if a complaint requires more time, GAINSBYBRAINS will confirm receipt within 14 days and indicate when a substantive response can be expected.

13.1

GAINSBYBRAINS processes personal data in connection with Memberships (including payment-related data processed via Stripe and, where you have consented to marketing, data processed via GAINSBYBRAINS’ email service provider) in accordance with the GAINSBYBRAINS Privacy Policy, available on gainsbybrains.com. GAINSBYBRAINS also stores consent and order records — your acceptance of these terms, your express request to start the service during the Withdrawal Period, and your marketing consent — as described in the Privacy Policy.

14.1

This Annex and the agreement are governed by Dutch law. If you are a Consumer residing in another country, you additionally retain the protection of the mandatory provisions of the law of your country of residence.

14.2

Disputes may be submitted to the competent court in Amsterdam, the Netherlands. If you are a Consumer, you may also bring proceedings before the court that is competent under the law of your country of residence, and GAINSBYBRAINS will bring proceedings against you only in that country.

(Complete and return this form only if you wish to withdraw from the agreement.)

To: GAINSBYBRAINS B.V., Zekeringstraat 17 A, 1014 BM Amsterdam, the Netherlands

Email: support@gainsbybrains.com

• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: GAINSBYBRAINS Membership
• Ordered on: ………………
• Name of consumer(s): ………………
• Address of consumer(s): ………………
• Email address used for the Account: ………………
• Signature of consumer(s) (only if this form is notified on paper): ………………
• Date: ………………

(*) Delete as appropriate.