By signing up for the SmartBrain Technologies Ltd. (BetterFly) services and software (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at here. BetterFly reserves the right to update and change the Terms of Service by posting updates and changes to the BetterFly website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- An account must be linked to a Clinic/ Certified Therapist, and one or more users can have accounts that belong to the main account. Each one will have a separate set of permissions, profile, and username and password to login. A clinic can have a number of branches.
- To register as a user you must provide your full legal name, current address, copy of your certification and a valid email address.
- To register a clinic you must provide the full legal name of the clinic, current address, and a valid email address. You must also register a branch, the same way.
- The first user to register the clinic/therapist is given full authorities to administer the account. More users can be added by the account administrator. The account administrator is responsible for determining the permissions given to the added users. BetterFly cannot and will not be held liable for any loss or damage from your failure to appropriately manage the users’ permissions.
- The account administrator is responsible for managing the passwords within the account. BetterFly cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and passwords.
- You may not use the BetterFly service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You are responsible for all activity and content (data, graphics, links) that is uploaded under your BetterFly account.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Account Terms as determined in the sole discretion of BetterFly will result in an immediate termination of your services.
- Technical support is only available via firstname.lastname@example.org
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BetterFly.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BetterFly or BetterFly trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to info@Btr-Fly.com
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any BetterFly customer, BetterFly employee, member, or officer will result in immediate account termination.
- BetterFly does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
Limitation of Liability
- You expressly understand and agree that BetterFly shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall BetterFly or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BetterFly partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- BetterFly does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- BetterFly does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. The results from using the service and the software are solely under the responsibility of the clinician
- BetterFly does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Waiver and Complete Agreement
The failure of BetterFly to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BetterFly and governs your use of the Service, superseding any prior agreements between you and BetterFly (including, but not limited to, any prior versions of the Terms of Service).
Intellectual Property & Customer Content
- We do not claim any intellectual property rights over the material you provide to the BetterFly service. All material you upload remains yours. You can remove your BetterFly account at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading any item description content to BetterFly.com, you agree to allow specified users to view them and you agree to allow BetterFly to store them and you agree that BetterFly can, at any time, review all the content submitted by you to its Service.
BetterFly Resources & Sourcing
- BetterFly service and software contain third parties software platforms that can help you while operating on your BetterFly account.
- BetterFly does not endorse any parties provided in the service and takes no responsibility for any work performed by them or failure to fulfill a work order
- Under no circumstances shall BetterFly be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from this usage.
Payment of Fees
- A valid credit card or a PayPal account are required to pay for the service. It is required only from account holders to be able to perform their purchases. They do not need to pay to register or participate as suppliers.
- Account holders will be required to prepay for the service. There is no expiry date for whatever is paid for, unless clearly specified otherwise.
- All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). Account subscribers are responsible for all applicable Taxes that arise from or as a result of the subscription and or the system and software usage.. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- BetterFly does not provide refunds.
Cancellation and Termination
- You may cancel your account at any time by emailing info@BetterFly.com
- Once your account is cancelled all of your Content will be immediately deleted from the Service and you should uninstall the software that was installed on all the computers that use this account. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- We reserve the right to modify or terminate the BetterFly service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, BetterFly may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Prices
- Prices for using BetterFly are subject to change upon 10 days prior notice from BetterFly. Such notice may be provided by posting the changes to the BetterFly Site (BetterFly.com) and/or email notification.
- BetterFly reserves the right to start and/or stop any special offer at any time without prior notice.
- BetterFly reserves the right at any time to modify or discontinue, the Service (or any part thereof) with or without notice.
- BetterFly shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Intellectual Property Protection
- BetterFly supports the protection of intellectual property and asks BetterFly members to do the same. It is our policy to respond to all notices of alleged Intellectual Property infringement.
- If someone believes that one of our members is infringing their intellectual property rights, they can send us a formal notice with supporting documents to our address provided on the Contact us page.
- Upon receiving the notice with the appropriate supporting documents, we may remove or disable the disputed account and allow for corrective actions, or notify the current account holder about the complaint.
- Once provided with a notice of takedown, the clinic/therapis can reply with a counter notification with whatever supporting documents, if they object to the complaint.
- The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.