Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using one of our mobile applications [i.e., StrategizeMyLife, PaceMyDay] (“app”, “service”) operated by Brain, Education, Strategies, & Technology (BEST) (“us”, ‘we”, “our”).
Conditions of use
By using this app, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the app accordingly. BEST only grants use and access of this app, its products, and its services to those who have accepted its terms.
Subject to your compliance with all of these Terms and Conditions and the payment of any and all applicable license and subscription fees. BEST grants you a limited, non-exclusive, non-transferable, and personal license to access and use the App.
You agree to provide accurate, current, and complete information required to register or create an account, and whatever information relating to you is required in connection with the Website, the Software, and/or the Services (the “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. BEST may terminate your right to access and/or use any or all of the Website, the Software, and/or the Services, or your account, if any information you provide is false, inaccurate, or incomplete. You agree that BEST may store and use the Registration Data you provide for use in maintaining and managing your account.
Privacy policy
Before you continue using our app, we advise you to read our privacy policy at https://bestconnections.org/privacy-policy/ regarding our user data collection. It will help you better understand our practices.
Intellectual property
You agree that all materials, products, and services provided on this app are the property of BEST, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the BEST’s intellectual property in any way, including electronic, digital, or new trademark registrations.
You grant BEST a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.
User accounts
As a user of this app, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the app, inform us immediately so we may address them accordingly.
We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.
Disclosure
Except as expressly set out in these Terms and Conditions, the apps are provided “as is” and “as available”, without any other representations, warranties or conditions or guarantees, and BEST disclaims and will not be bound by any other representations, warranties, conditions, or guarantees whatsoever in connection with the Services and your use and enjoyment thereof, whether express, implied or statutory, including, without limitation, any warranties of accuracy, timeliness, performance, completeness, merchantability, workmanlike quality, title, fitness for a particular purpose or any purpose, and non-infringement of any rights including intellectual property rights of any other party.
The Apps are not intended to provide you with any medical advice, speech pathology or speech therapy advice, or any other advice. For professional advice about your medical condition, ask your physician, speech therapist or pathologist, or other health care provider. Your physician, speech therapist or pathologist, or other health care provider has specialized medical training that allows him or her to understand your condition, symptoms, and medical data and information. Information contained within the Software and Services is intended to be general in nature, and should not be used as a substitute for health information and professional advice from professional sources, and for regular visits to your physician, speech therapist or pathologist, or other health care provider. Any information that you obtain from the Software and Services might be inappropriate for your own situation, or might be misinterpreted. Tactus assumes no responsibility for how you use the information you obtain from the Software and Services. If you have an emergency, or need to speak to someone urgently, contact your physician or go to the nearest hospital.
Inability to Perform
Certain events beyond our control may make it impossible or not commercially reasonable for BEST to fulfill some or all of our obligations and Services under these Terms and Conditions. BEST is not legally responsible to the User if any event beyond our control makes it impossible or not commercially reasonable for BEST to fulfill some or all of our obligations and services, and we will endeavour to resume our obligations and Services as soon as we reasonably can. These Terms and Conditions will otherwise remain in full effect.
Service Availability
The User acknowledges that temporary interruptions, downtime, or lack of availability of the App may occur from time to time as normal events. Without limiting the foregoing, BEST may, at its sole discretion and on a scheduled basis or an emergency basis, provide updates and maintenance on the App and/or the Website, without notice. Further, the User acknowledges that BEST may cease making any portion of the App and/or the Website available at any time and for any reason or for no reason. Under no circumstances will BEST be held liable for any damages or loss suffered or allegedly suffered by you due to such interruptions or lack of availability of the App and/or the Website.
Security
BEST uses commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of any App or Services or any data or personal information of Users. However, without limiting the generality of the disclaimers of warranties, representations, and liability set out in these Terms and Conditions, BEST will have no responsibility for errors in transmission, unauthorized third-party access, or other causes beyond BEST’s control.
Applicable law
By using this app, you agree that the laws of the California], without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between BEST and you, or its business partners and associates.
Disputes
Any dispute related in any way to your use of this app or to products you purchase from us shall be arbitrated by state or federal court in Orange County, California and you consent to exclusive jurisdiction and venue of such courts.
Indemnification
You agree to indemnify BEST and its affiliates and hold BEST harmless against all losses, damages, costs, and expenses, and save BEST harmless from and against any and all claims, liabilities, demands, actions, causes of action, lawsuits and proceedings which may be made or brought against or suffered by BEST, or which BEST may suffer or incur as a result of, in respect of or arising out of, the User’s use of the App or the Website, save and except for any claims, demands, actions, lawsuits or proceedings that arise specifically out of any fraudulent activities or wilful misconduct of BEST. BEST reserves the right to select our own legal counsel.
Notices
You consent to receive communications from BEST electronically. You agree that all agreements, notices, disclosures, and other communications that BEST provides to you to your electronic contact information as provided in registering for an account or otherwise signing up to use the Software and Services.
Limitation on liability
BEST is not liable for any damages that may occur to you as a result of your misuse of our app.
BEST reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between BEST and the user, and this supersedes and replaces all prior agreements regarding the use of this app.
Brain Education Strategies and Technology, Inc. (BEST) does not access any personal information/data saved within the CueMyList app nor is the data shared outside the app. Email address is required to register app so data can be synced with other iOS devices.
Brain Education Strategies and Technology, Inc. (BEST) does not access any personal information/data saved within the PaceMyDay, ReachMyGoals, StrategizeMyLife, CompleteMyToDos, and CueMyList apps nor is the data shared outside the apps other than in reports which you may choose to generate and share with others.
BEST does not release health-related data collected from Apple’s iOS Health app by the PaceMyDay (PMD) app. When you select “Health App” in Settings’ Health Data Source section, your heart rate, step count, and sleep data will be retrieved from Apple’s Health app and used to correlate that information with information gathered in the PMD app. Data is not written to the Health app by PMD nor is it shared outside the PMD app other than in a report which you may choose to generate and share with others. Although you may choose to integrate data from the Health app into the PMD app, BEST does not have any access to your personal data.