GENERAL INFORMATION

1.1 2 MINUTE BRAIN OFFERINGS

These Conditions and Terms outline the conditions and terms on which we supply information, content, Offerings or services listed on www.2MinuteBrain.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, Offerings, services and the Apps are collectively referred to herein as the “Offering” or “Offerings”, which may be updated occasionally at the sole discretion of 2 Minute Brain). We encourage you to read these conditions and terms thoroughly before ordering any Offerings from the Website or third party App stores (e.g. the Android Play Store, the Apple App Store, etc.). The terms “2 Minute Brain,” “we” or “us” refers to 2 Minute Brain, Ltd. The term “Device” refers to the device which is used to access the Offerings including but not limited to tablets, computers, and smart phones. The “you” term refers to the participant of the Offerings. When you order (“Order”) any Offerings, or access or use the Offerings, you agree to be bound by these Conditions and Terms and all regulations, rules and applicable laws. You will likely be asked to click “I accept” at a suitable point prior to any purchase of access to the Offerings. If you do not click “I accept”, it is unlikely that you will be able to complete the purchase or gain related access. By using the Offerings, you indicate acceptance of these Conditions and Terms and agreement to adhere to them. If you do not agree to these Conditions and Terms, we suggest you refrain from using any Offerings.

Our email address relating to terms and conditions and privacy policy is support@2MinuteBrain.com. Any communication to 2 Minute Brain relating to these issues including your use of these Conditions and Terms or the Offerings should be sent to this contact email address.

1.2 CLASS ACTION WAIVER AND ARBITRATION NOTICE

THESE CONDITIONS AND TERMS HAVE AN ARBITRATION CLAUSE. OTHER THAN CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND 2 MINUTE BRAIN AGREE THAT DISPUTES RELATING TO YOUR USE OF THE OFFERINGS OR THESE CONDITIONS AND TERMS ARE TO BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND 2 MINUTE BRAIN WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.3 BASIS OF LICENSE

(a) The Order set out in this whole agreement including these Conditions and Terms between us and you outline the supply of the Offerings. To participate in particular Offerings, it may be required that you agree to additional conditions and terms; those additional conditions and terms are hereby incorporated into these Conditions and Terms. Where such conditions and terms are inconsistent with these Conditions and Terms, the additional conditions and terms stated are to be adhered to.

(b) Please check that the details in these Conditions and Terms and on the Order are accurate and complete before agreeing to use or purchase the Offerings. If you believe there is a mistake, ask us to confirm any changes in writing, as we only accept responsibility for representations and statements made in writing by an employee at 2 Minute Brain.

(c) AS PART OF YOUR AGREEMENT TO USE THE OFFERINGS, YOU CHOOSE TO CONSENT TO THE STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED KINGDOM, INCLUDING THE STORING AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED KINGDOM FOR THE PURPOSES OF TRACKING INDIVIDUAL USE OF THE OFFERINGS AND PROCESSING PAYMENTS. BY USING THE OFFERINGS, YOU ACKNOWLEDGE THAT YOU AGREE AND UNDERSTAND THAT THE UNITED KINGDOM MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED KINGDOM. MEASURES WILL BE TAKEN AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE STORAGE, USE AND TRANSFER OF CERTAIN PERSONAL INFORMATION.

1.4 CHANGES TO TERMS

2 Minute Brain reserves the right to update or change these Conditions and Terms, or any of our other practices and policies, at any point, and will notify participants by posting updated or changed conditions and terms on this page. Any updates or changes are immediately effective once posted to www.2MinuteBrain.com. Any continued use of the Offerings constitutes your agreement to abide by the changed Conditions and Terms. On occasion we may also elect to notify you of updates or changes to our Conditions and terms via additional means, such as email, within the Offerings or push or pop-up notifications.

MEMBERSHIPS AND SUBSCRIPTIONS

2.1 JOINING AS A MEMBER

(a) You are able to sign up as a registered participant of the Offerings without charge (a “Member”). To become a Member you are required to go to the relevant section of the Offerings, then submit your email address to us, and create a password to be used in conjunction with that specific email address. You are responsible for maintaining the confidentiality of your password and account and for restricting access to your Device.

(b) You may be asked to provide certain personalised information to us in the course of your use of the Offerings, (this information will now be referred to hereinafter as “Participant Information”). This Participant Information may include information from your social networking profiles. Our information collection and use policies with respect to the privacy of such Participant Information are outlined in the 2 Minute Brain Privacy Policy. You agree and acknowledge that you are solely responsible for the content of Participant Information and the accuracy of it, and you agree to keep it up to date.

(c) By completing an Order through the Offerings, you agree and warrant that:

 (i) All registration information you submit is accurate and truthful; (ii) You will maintain the accuracy of such information; (iii) You are legally capable of entering into binding contracts; and (iv) Your use of the Offerings does not violate any regulation or applicable law.

2.2 ONCE A MEMBER

You are responsible for maintaining the confidentiality of all your Participant Information including your password and account and for restricting access to your Device to additionally protect such information. You are responsible for accurately updating your Participant Information.

2.3 USE OF 2 MINUTE BRAIN BY MINORS

You must be 18 years of age, or the age of majority in your territory, country or province, to sign up as a registered participant of the Offerings. Individuals under the age of 18, or the applicable age of majority, may utilise the Offerings only with the consent and involvement of a legal guardian or parent, under such person’s account and otherwise subject to these conditions and terms.

2.4 MEMBERSHIP

As a 2 Minute Brain Member you will receive access to certain features, sections, and functions, of the Offerings that are unavailable to non-members.

By agreeing to become a Member you opt-in to receiving occasional follow up techniques, marketing, surveys and special offers and other Offering based communication emails. You can quickly and easily unsubscribe from 2 Minute Brain commercial emails by following the opt-out instruction placed in these emails. 2 Minute Brain subscriptions and memberships are not transferable and therefore cannot be exchanged, transferred or sold in any way whatsoever.

2.5 SUBSCRIPTIONS

(a) 2 Minute Brain account holders may access the Offerings in two ways:

(i) “One Free Foundational Course” Of the six foundational courses offered, a new participant is able to have 6 months access to one of them for free.

(ii) Paid Subscription: A participant is able to purchase access for 6 months to any of the other courses. All subscription services provide access through the Offerings. You can become a subscriber to the Subscription Program by purchasing a subscription to the Offerings from the Website, within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our subscription partners, the purchase may be further subject to the Conditions and Terms of such partners, and management and payment of the subscription may be administered by them.

(b) For the purposes of our subscriptions, a year constitutes 365 calendar days and a month is 30 days.

(c) Subscription

(i) In the course of your use of the Offerings, 2 Minute Brain and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an invalid or outdated card. It is at the sole discretion of your credit card issuer that this disbursement of the updated credit card information is provided to 2 Minute Brain and 2 Minute Brain’s third party payment service provider. Your credit card issuer may give you the right to update or opt-out of the update service. To choose this option, contact your credit card issuer.

(ii) Our obligation to provide the Offerings only comes into being when we take full receipt of your Order, and we confirm your purchase to you through email. We will confirm your Order and send you an email to confirm your access to the subscription purchased. Ensure you quote the Order number in all subsequent correspondence with us. All prices in Pound Sterling include VAT unless otherwise stated. Prices in US Dollars and Euros include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Offerings purchased through 2 Minute Brain for commercial purposes.

2.6 DEVICE REQUIREMENTS

To participate in 2 Minute Brain courses via appropriate devices such as your smartphone, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google and Apple and App marketplaces.

2.7 CORPORATE AND OTHER CONSUMER COMMUNITIES

2 Minute Brain is a consumer Offerings company. There is also increasing interest by large consumer Organisations (hospitals, universities, other companies etc.) (“Organisations”) to introduce the Offerings to their employees and members. In certain cases, these Organisations may supplement these Conditions and Terms with their own conditions and terms. In such a scenario, these Organisations conditions and terms will also apply to your use of the Offerings. In the event of any conflict with such additional Conditions and terms and these Conditions and terms, these Conditions and terms shall prevail.

2.9 PRICE AND CONTENT CHANGES

We reserve the right to alter our course content and adjust pricing for our service or any components thereof at any point in time and in any manner. Unless otherwise expressly provided for in these Conditions and Terms, you will be notified and given notice of any price adjustments.

CANCELLATION OF SERVICES

3.1 CANCELLATION BY YOU

(a) Each course is currently paid for as a one-off charge. There are no refunds.

3.2 CANCELLATION BY US

We may terminate or suspend your use of the Offerings as a result of a fraud, breach, and any obligation under these Conditions and Terms. Such termination or suspension can be immediate and without notice. A breach of these Conditions and Terms, includes without limitation, any unauthorised copying or download of our audio, written, or video content from our Offerings.

3.3 PROMOTION AND DISCOUNT CODES

Any promotional offer or code (including Special Discounts) provided by us may not be used in conjunction with any other promotional offer or code, present or past. Introductory offers are only available to new participants of the Offerings, except if expressly stated otherwise. Previous participants or trial participants of the Offerings do not qualify as new participants. No discount or promotion code will apply to Community or other corporate subscriptions. Unless otherwise stated in the Conditions and terms of any promotion, all discounts and pricing promotions will apply to the initial period of a subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

PROHIBITED USE OF THE OFFERINGS

4.1 You agree not to post, email, upload or otherwise introduce, transmit or send any material that contains computer code or software viruses, programs or files designed to harm, damage, interrupt, limit or destroy the functionality of any computer equipment, software or hardware linked indirectly or directly with the Offerings or the Offerings themselves. You may not access the Offerings in an unauthorised manner. You agree not to interfere with the networks or servers connected to or underlying the Offerings or to violate any of the regulations, procedures or policies of networks connected to the Offerings.

4.2 You agree not to conduct yourself in an offensive manner while using the Offerings, impersonate any other person while using the Offerings, or use the Offerings for any immoral, harmful or illegal purpose.

4.3 Any breach of the provisions of this section 4, may be a criminal offense under applicable laws. Any breach will immediately forfeit your right to use the Offerings.  We have the option to report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them.

4.4 You agree not to use the Offerings for any purposes related to analysis, scientific research or evaluation of the Offerings without the express written consent of 2 Minute Brain.

MATERIALS OFFERED THROUGH THE OFFERINGS

5.1 COPYRIGHT

(a) All materials (including software or content whether downloaded or not) contained in the Offerings are owned by 2 Minute Brain (or if applicable our third party licensors or affiliates), unless indicated otherwise. You agree and acknowledge that the materials are high value property and that other than any limited and specific license for use of such materials, you shall not have any ownership rights in or to any such materials. The materials may not be used except as provided for in these Conditions and Terms, and any other relevant conditions and terms provided to you without our prior written permission.

(b) You agree and acknowledge that certain materials on or in the Offerings could be the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.

(c) Written, Audio and Video content from 2 Minute Brain not explicitly indicated as downloadable may not be copied or downloaded from the Offerings or any Device.

(d) The Offerings are not intended for your commercial use. Affiliate links, commercial advertisements, and any other forms of solicitation may be removed by us without notice and could result in termination of privileges. You must not use any part of the materials used on or in the Offerings for commercial purposes without written license to do so from us. Material from the Offerings may not be copied, distributed, republished, or transmitted in any way, without our prior written consent. Any unauthorised use or violation of these Conditions and Terms automatically and immediately terminates your right to use the Offerings and may subject you to legal liability. You agree not to use the Offerings for illegal purposes (including, without limitation, unlawful, invasion of another’s privacy, abusive, harassing, libelous, threatening or obscene purposes) and you agree that you will comply with all regulations, laws, and rules, related to your use of the Offerings. Appropriate legal action may be taken for any unauthorised or illegal use of the Offerings.

(e) A limited amount of content may be marketed and authorised for sharing by the participant in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by 2 Minute Brain through the Offerings that is specifically identified as available for distribution by you (“Shareable Content”) as part of your blog or other online commentary, review or analysis (“Participant Commentary”), 2 Minute Brain grants you a limited right to download, distribute and reproduce Shareable Content over the internet as part of your Participant Commentary. You may also modify such Shareable Content but only as required to technically enable the distribution and display of such content through your computer systems and over the Internet (e.g. a change in video file size or format) provided such modification does not materially alter the quality or substance of such content. Your distribution and display of Shareable Content may also be subject to other conditions and terms that are set forth in the description of such content in the Offerings, such as distribution and display of Shareable Content only within specified usage dates. You agree not to publish the Shareable Content with any other content that is known by you to be inaccurate, false, or misleading or that is, or that encourages activity or conduct that is, unlawful, threatening, harassing, abusive, harmful, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Shareable Content may contain trackers that enable us to collect information with respect to the consumption and distribution of such content.

(f) You may not otherwise copy, reproduce, download, display, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, date, code, or materials in the Offerings. If you make other use of the Offerings, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United Kingdom, United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. 2 Minute Brain will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

5.2 COPYRIGHT

2 Minute Brain, the 2 Minute Brain logo and all other 2 Minute Brain Offering or service marks are the copyright of 2 Minute Brain. All intellectual property, trademarks, logos, images, Offering and company names displayed or referred to on or in the Offerings are the property of their respective owners. Nothing grants you any license or right to use, remove, copy or alter such material. Your misuse of the trademarks displayed on the Offerings is strictly prohibited. 2 Minute Brain will enforce its copyright rights to the fullest extent of the law, including the seeking of criminal prosecution.

AVAILABILITY OF OFFERINGS

6.1 Although we aim to offer you the best service possible, we make no promise that the Offerings will meet your requirements and we cannot guarantee that the Offerings will be free of fault. If a fault occurs in the Offerings, please report it to us at support@2MinuteBrain.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If necessary, we may suspend access to the Offerings while we address the fault. We will not be liable to you if the Offerings are unavailable for a commercially reasonable period of time.

6.2 Your access to the Offerings may be occasionally restricted to allow for maintenance, repairs, or the introduction of new facilities or Offerings. We will restore the Offerings as soon as we reasonably can. In the event that the Offerings are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing support@2MinuteBrain.com.

PARTICIPANT MATERIAL

7.1 The Offerings may let you submit material to us: for example, you may be able to upload a photo to your profile, post comments and subjects in the community and comment on various matters in various parts of the Offerings. You may be able to upload sounds, images and video. In these Conditions and Terms, we use the term “Participant Material” to refer to any publicly available material of any kind that you submit to us, including images, video, photos, sounds, files, text and literary or musical works. Participant Material does not include the account information, Offering purchase, or Offering use information which you provide in registering for and using Offerings.

7.2 This section 7 sets out the obligations and rights that each of us have in connection with Participant Material. If you review or submit Participant Material, you are agreeing to do so in accordance with these Conditions and Terms. If you do not want to review or submit Participant Material in accordance with these Conditions and Terms, then you should not do so.

7.3 We do not systematically review Participant Material submitted by participants. We are not responsible for the content of Participant Material provided by participants. We do not necessarily endorse any opinion contained in such material. We make no representations or warranties, implied or express, about Participant Material, including as to its legality or accuracy.

7.4 We reserve the right, in our sole discretion, to edit, remove or refuse to post any of your Participant Material, or to terminate, suspend, or restrict, your access to any or all parts of the Offerings, particularly where Participant Material breaches this section 7, and we may do this with or without giving you any prior notice.

7.5 We may link Participant Material or parts of Participant Material to other material, including material submitted by other participants or created by 2 Minute Brain or other third parties. We may use Participant Material for our internal business purposes, such as to examine categories or trends or market, promote, or advertise 2 Minute Brain. You acknowledge that we may indirectly commercially benefit from use of your Participant Material.

7.6 Each time you submit Participant Material to us, you warrant and represent to us as follows:

(a) You own your Participant Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as trade mark or copyright), rights of confidentiality, privacy or publicity rights, or rights under contract.

(b) Your Participant Material is not defamatory, threatening, illegal, obscene, harassing, hateful, pornographic, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.

(c) Your Participant Material does not advertise any Offering or service or solicit any business.

(d) Your Participant Material does not identify any individual (including by way or name, address or a video, audio or still picture) under the age of 18 and if Participant Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your Participant Material; and in submitting your Participant Material you are not impersonating any other person.

(e) You will not collect email addresses of participants for the purpose of sending unsolicited email.

(f) You will not engage in criminal or tortious activity, including spamming, spimming, fraud, sending of viruses or other harmful files, patent infringement, copyright infringement, or theft of trade secrets or attempt to impersonate another participant or person.

(g) You will not engage in any automated use of the system, such as using scripts to alter our content.

(h) You will not, without authorisation, access, tamper with, or use non-public areas of the Offerings, 2 Minute Brain’s computer systems, or the technical delivery systems of 2 Minute Brain’s providers.

(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware Offerings, you will not attempt to test, scan or probe, the vulnerability of the Offerings or any other 2 Minute Brain network or system or breach any authentication or security measures.

7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by Participant Material you have submitted.

7.8 Participant Material is not considered to be confidential. You agree not to submit any content as Participant Material in which you have any expectation of privacy. We do not claim any ownership rights in Participant Material. However, by submitting Participant Material you hereby grant 2 Minute Brain an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, copy, telecast, perform, distribute display, edit, and otherwise exploit the Participant Material you post on the Offerings, or any portion thereof, and any concepts, ideas, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, promotional, publicity, trade, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Participant Material, and to grant and authorise sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. 2 Minute Brain may include your Participant Material in 2 Minute Brain’s Shareable Content that is made available to others through the Offerings. Be aware that 2 Minute Brain has no control over Participant Material once it leaves the Offerings, and it is possible that others may duplicate material found on the Offerings, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your Participant Material. You agree to indemnify 2 Minute Brain and its affiliates for all claims arising from or in connection with any claims to any rights in your Participant Material or any damages arising from your Participant Material.

7.9 Any inquiries, suggestions, feedback, ideas, other information which is not part of your use of the Offerings or Participant Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By uploading, posting, transmitting, e-mailing, or otherwise submitting Submissions to the Offerings, you grant, and you represent and warrant that you have the right to grant, to 2 Minute Brain an irrevocable, non-exclusive, perpetual, royalty free, worldwide license to use, telecast, display, copy, perform, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, promotional, publicity, trade, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorise  sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that 2 Minute Brain has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify 2 Minute Brain and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

LINKS TO WEBSITES/HOME PAGE

8.1 We may provide links to other services or websites for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not endorse or review any of those services or websites. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, goods advertising, Offerings, or other resources or materials on or available from, or (d) the use to which others make of these other services or websites. We are also not responsible for any loss, damage, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such services or websites.

8.2 You may link to our home page, provided you do so in a way that is legal and fair and does not take advantage of or damage our reputation, but you must not establish a link in such a way as to suggest any form of approval, association, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Offerings must not be framed on any other website, nor may you create a link to any part of the Offerings unless you have written permission to do so from 2 Minute Brain. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Offerings other than that set out above, please address your request to support@2MinuteBrain.com.

OFFERINGS DISCLAIMER

The information contained in the Offerings is for general information purposes only. While we endeavor to keep the information correct and up-to-date, we make no warranties or representations of any kind, implied or express, about the accuracy, completeness, suitability reliability, or availability with respect to the Offerings or the information contained on the Offerings for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

MEDICAL DISCLAIMER

10.1 2 Minute Brain is a provider of online and mobile psychological development content in the health & wellness space. We are not a medical device or health care, nor should our Offerings be considered medical advice. Only your physician or other health care provider can do that. 2 Minute Brain makes no guarantees, claims or representations that the Offerings provide a therapeutic benefit.

10.2 Any health information and links on the Offerings, whether provided by 2 Minute Brain or by contract from outside providers, is provided simply for your convenience.

10.3 Any advice or other materials in the Offerings are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual circumstances and condition. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not responsible or liable for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your actions and decisions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, suitability or completeness, for any purpose of the advice, other materials and information published as part of the Offerings.

10.4 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with self-development practice. People with existing mental health conditions should speak with their health care providers before starting a self-development practice.

END PARTICIPANT LICENSE

11.1 Subject to the Conditions and Terms of this license agreement (“License Agreement”), as set out in this section 11, and these other Conditions and Terms, and your payment of applicable subscription fees, 2 Minute Brain grants you a non-exclusive, limited, revocable license to stream and make personal non-commercial use of the Offerings.

11.2 The Offerings embody or contain copyrighted material, proprietary material or other intellectual property of 2 Minute Brain or its licensors. All right, ownership and title in the Offerings remain with 2 Minute Brain or its licensors, as applicable. The rights to use the Offerings are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Conditions and Terms.

11.3 You agree that you will not and you will not assist or permit any third party to:

(a) Copy, store, transmit, reproduce, alter, modify, reverse-engineer, emulate, de-compile, or disassemble the Offerings in any way, or create derivative works of the Offerings;

(b) Use the Offerings or any part of them to create any software or tool that can be used to create software applications of any nature whatsoever;

(c) Rent, loan, lease, make available to the public, distribute or sell the Offerings in part or in whole;

(d) Tamper with the Offerings or circumvent any technology used by 2 Minute Brain or its licensors to protect any content accessible through the Offerings;

(e) Circumvent any territorial restrictions applied to the Offerings; or

(f) Use the Offerings in a way that violates this License Agreement or the other Conditions and Terms.

11.4 You may not make the Offerings available to the public. The Offerings made available (in whole or in part) are owned by 2 Minute Brain or its licensors and your use of them must be in accordance with these Conditions and Terms.

DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE

12.1 We are committed to complying with copyright and related laws, and we require all participants of the Offerings to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Offerings in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United Kingdom and United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not modify, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any participant who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

12.2 If you feel that a posted message is infringing or objectionable, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

12.3 If you believe that your work has been copied and posted on the Offerings in a way that constitutes copyright infringement, please provide our designated agent with the following information:

(a) An electronic or physical signature of the person authorise d to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Offerings;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorise d by the copyright or intellectual property owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorise d to act on the copyright or intellectual property owner’s behalf.

(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail: 2 Minute Brain, Inc. Attn: Copyright Agent 20-22 Wenlock Road, London, UK. N1 7GU

By E-Mail: support@2minutebrain.com Subject line: DMCA

GENERAL TERMS AND CONDITION

13.1 ASSIGNMENT BY US

2 Minute Brain may transfer its obligations and rights under these Conditions and Terms to any firm, company, or person at any time if it does not materially affect your rights under it. You may not transfer your obligations or rights under these Conditions and Terms to anyone else. These Conditions and Terms are personal to you and no third party is entitled to benefit under these Conditions and Terms except as set out here.

13.2 INDEMNITY BY YOU

You agree to defend, indemnify and hold 2 Minute Brain and its directors, investors, officers, members, managers, agents and employees harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Offerings, your placement or transmission of any message, software, content, information, or other submissions through the Offerings, or your violation or breach of the law or of these Conditions and Terms. 2 Minute Brain reserves the right, at its own expense, to assume the exclusive control and defense of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with 2 Minute Brain defense of such claim.

13.3 WARRANTIES AND LIMITATIONS

(a) We warrant to you that any Offering purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.

(b) We warrant that we will use reasonable skill and care in making the Offerings available to you during your subscription.

(c) Nothing in this sections 13.3 or otherwise in these Conditions and Terms shall exclude or in any way limit 2 Minute Brain’s liability for: fraud; personal injury or death caused by negligence; or liability to the extent the same may not be excluded or limited as a matter of law.

(d) The Offerings and their content are otherwise provided on an “as is” basis and we make no warranties or representations of any kind with respect to them, including as to the accuracy, completeness or currency of the Offerings or their content. We assume no responsibility or liability for any omissions or errors in the content of the Offerings, or any delays, failures, or interruptions in the provision of the Offerings. We disclaim and exclude any implied or express representations or warranties, including any warranties as to fitness or merchantability for a particular purpose of the Offerings to the broadest extent permitted by law. We make no representations or warranties, implied or, as to the quality, accuracy, timeliness, completeness or existence of the content and information posted on the Offerings. We make no representations or warranties, implied or express, for technical accessibility, flawlessness or fitness of the Offerings. We make no representations or warranties that your use of information and content posted on the Offerings will not infringe rights of third parties.

(e) All conditions, warranties and other Conditions and Terms which might otherwise be implied by statute, the law of equity or common law are, to the extent permitted by law, excluded.

13.4 NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Conditions and Terms, such failure or delay does not constitute a waiver of that right or any other rights under these Conditions and Terms.

13.5 FORCE MAJEURE

We will not be liable to you for any lack of performance, or the failure or unavailability, of the Offerings, or for any delay or failure by us to comply with these Conditions and Terms, where such lack, failure or unavailability arises from any cause beyond our reasonable control.

13.6 INTERPRETATION

In these Conditions and Terms, unless the context requires otherwise: i) any phrase introduced by the words “for example” , “include”, “including”, “in particular”, or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

13.7 ELECTRONIC COMMUNICATIONS

(a) Applicable laws require that some of the communications or information we send to you should be in writing. When using the Offerings, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Offerings. You agree to this electronic means of communication and you acknowledge that all notices, contracts, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.

(c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at support@2 MinuteBrain.com.

(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.

(e) To receive and view an electronic copy of the communications you must have the following equipment and software:

(i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.

(ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.

(g) You can also contact us via email at support@2 MinuteBrain.com to withdraw your consent to receive any future communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Offerings.

(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the Conditions and Terms on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.

13.8 NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to 2 Minute Brain at support@2 MinuteBrain.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Offerings or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

13.9 ENTIRE AGREEMENT

These Conditions and Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous negotiations, correspondence, discussions, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions and Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those warranties and representations that are set out in this agreement (whether made negligently or innocently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

13.10 THIRD PARTY RIGHTS

A person who is not party to these Conditions and Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Conditions and Terms.

13.11 OUR LIABILITY

(a) We will use reasonable endeavors to remedy faults in the Offerings. If we fail to comply with these Conditions and Terms, we will be liable to you only for the purchase price of the Offerings in question. In addition, we will not be liable for:

(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).

(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Offerings, or from transmissions via emails or attachments received from us.

(iii) Any use of websites linked to the Offerings but operated by third parties.

(b) To the extent permitted by law, 2 Minute Brain and its clients, suppliers, affiliates, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, punitive or exemplary damages arising from, or indirectly or directly related to, the use of, or the inability to use, the Offerings or the content, materials and functions related thereto, your provision of information via the Offerings, or lost business or lost sales, or any errors, viruses or bugs contained in the Offerings, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content transmitted, posted, exchanged or received by or on behalf of any participant or other person on or through the Offerings. In no event shall the total aggregate liability of the Protected Entities to you for all losses, damages, and causes of action (whether in tort or contract, including, but not limited to, negligence or otherwise) arising from these Conditions and Terms of use or your use of the Offerings exceed, in the aggregate, the amount, if any, paid by you to 2 Minute Brain for your use of the Offerings.

13.12 ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH 2 MINUTE BRAIN, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM 2 MINUTE BRAIN.

(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Conditions and Terms or your use of the Offerings that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and 2 Minute Brain are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of trademarks, copyrights, logos, trade names, trade secrets, or patents.

(b) Arbitration Rules. 2 Minute Brain will follow the standard practices of arbitration according to UK law.

(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and 2 Minute Brain. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Conditions and Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and 2 Minute Brain.

(d) Jury Trial Waiver. You and 2 Minute Brain waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and 2 Minute Brain elect to have claims and disputes resolved by arbitration. In any litigation between you and 2 Minute Brain over whether to vacate or enforce an arbitration award, you and 2 Minute Brain waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND 2 MINUTE BRAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor 2 Minute Brain are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below.

(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor 2 Minute Brain can force the other to arbitrate. To opt-out, you must notify 2 Minute Brain in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your 2 Minute Brain account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to the following physical or email addresses: 2 Minute Brain, Inc., ATTN: Arbitration Opt-out, 20-22 Wenlock Road, London, UK. N1 7GU or email support@2minutebrain.com.

(g) Small Claims Court. Notwithstanding the foregoing, either you or 2 Minute Brain may bring an individual action in small claims court.

(h) Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.

(i) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with 2 Minute Brain.

13.13 EXCLUSIVE VENUE

To the extent the parties are permitted under these Conditions and Terms to initiate litigation in a court, both you and 2 Minute Brain agree that all claims and disputes arising out of or relating to the Conditions and Terms or the use of the Offerings will be litigated exclusively in a court in London, UK.

13.14 CHOICE OF LAW

Except to the extent they are preempted by UK law, other than its conflict-of-laws principles, govern these Conditions and Terms and any disputes arising out of or relating to these Conditions and Terms or their subject matter, including tort claims.

13.15 SEVERABILITY

If any provision of these Conditions and Terms is found unenforceable, then that provision will be severed from these Conditions and Terms and not affect the validity and enforceability of any remaining provisions.

These Conditions and Terms are effective and were last updated on January 4, 2020.

2 Minute Brain, Inc. is located at 20-22 Wenlock Road, London, UK. N1 7GU.