Brainstats
  • Legal notices

In accordance with the provisions of articles 6-III and 19 of Act No. 2004-575 of 21 June 2004 for Confidence in the Digital Economy, called L.C.E.N., we call the attention of Site users and visitors to the following information:

1. General conditions of use for the site and for the sale of services offered

The customer states that he/she is of full legal age and capacity allowing him/her to personally engage under these rules.

Use of the Site implies full and complete acceptance of these general conditions which prevail over any version and on the possible conditions of the Customer or User purchase; these General Conditions may be amended or supplemented at any time, without notice. Site users are also invited to consult them on a regular basis.

The Site is in principle accessible to users 24/7, except for interruption, scheduled or not, for maintenance or in the case of force majeure. In case of impossibility of accessing the Service, the Publisher undertakes to do its best to restore access to the service and will endeavor to inform users in advance of the dates and hours of the intervention. Not being subject to an obligation of means, the Publisher cannot be held responsible for any damage, whatever the nature, resulting from an unavailability of the service.

The Site is updated regularly by the Publisher. In the same way, the legal notifications can be modified at any time without notice and the User agrees without reservation. The User is deemed to accept them without restriction nor reserve and to refer to them regularly to stay informed of the changes.

The Publisher undertakes to provide information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether of its own doing or of that of partner third parties providing the information concerned. The information concerning the Services offered on the Site is given for information purposes, is non-exhaustive, and therefore may evolve. It is information subject to modifications having been made since its introduction in line.

2. Description of Services provided

a) Services of a general and not professional nature offered to determine an Intelligence Quotient using an automated analysis matrix

The Site offers a recreational service to calculate the Intelligence Quotient (IQ) based on a set of multiple-choice questions.

Answers to the questions are handled by means of an automated process involving a designated analysis matrix which aims to establish a theoretical Intelligence Quotient for the User.

Consequently, the Intelligence Quotient calculated by the Site as well as its interpretation are only indications issued as a result of the responses and information given by the User during a limited questionnaire to characterize and quantify the theoretical Intelligence Quotient in a specific moment, after having been weighted by age, gender and country of the User.

Therefore, the Publisher insists in particular on the fact that the proposed services do not in any way constitute services or therapeutic, psychological or psychiatric medical opinion and that this list is non-exhaustive. The proposed services, being only for recreational purposes, cannot any way replace medical or professional advice.

b) Taking the test

Taking the test is free and consists of the User responses to a series of a non-personalized multiple choice questions intended to be analyzed automatically to determine a theoretical Intelligence Quotient using an automated process.

The determination of the theoretical Intelligence Quotient requires, at the outcome of the last question of the test, possessing a Facebook profile in order to be able to validate the Test by connecting to the Site using the "Facebook Connect" service displayed in the prompt window.

The analysis engine for the responses to the questions requires being able to access certain information communicated by the User in his/her Facebook profile in order to calculate his/her Intelligence Quotient and be able to send the results (including, but not only age, gender, country and email).

In addition, the User will be invited to grant or not to the Site rights of publication on his/her Facebook "wall" in order to be able to receive his/her theoretical Intelligence Quotient via a personalized Facebook message. The options of visibility of this message on Facebook can be determined by the User, either at the time of the invitation by the Site (show no one, show only me, show only my "Facebook friends", or show anyone), or directly on the Facebook site.

Once this connection step is completed, the User will be able to:

  • Access, for a fee, the Site page (Report) on which will have been generated, and will be posted, the results of the detailed analysis of his/her theoretical Intelligence Quotient.
  • Be informed free of charge, in a deferred manner (after a processing period varying from a few minutes to several days) and only if the User has granted the Site the right, of his/her theoretical Intelligence Quotient via a message automatically posted on his/her Facebook "wall". In this case, the User will not be able to have access to the detailed analysis of his/her theoretical Intelligence Quotient.

c) be informed of results on the theoretical Intelligence Quotient

Once the test is completed by the User, the User may then be informed of results on the theoretical Intelligence Quotient corresponding to his/her responses and Facebook profile.

d) Purchase of the report of the detailed analysis and be informed immediately of the theoretical Intelligence Quotient

The User has the option, after taking the test and connecting to the Site via the "Facebook Connect" service, to access immediately a detailed analysis Report which consists of the results of his/her theoretical Intelligence Quotient and a written analysis generated by the automated Test response processing engine. The acquisition of this detailed analysis Report constitutes an order with the obligation of payment.

Access to the detailed analysis Report is done in an immediate and automated manner (after a redirection) just after the purchase from the "Go to your report" page.

The price of this detailed analysis Report is displayed on the Site's page for the appropriate sale. The prices on the Site shall be construed by default in Euros, or when possible in the currency of the User, with all taxes included.

The detailed analysis Report is available on the Site immediately after payment for the Service. The User can consult this Report by connecting to the Site via his/her Facebook profile, or by clicking on the link that he/she will have previously received by email.

The detailed analysis Report will remain available at least three months after payment for the service. The User can, if it desired, request in a documented way an extension of this time period with advance notice of a week. After review of the request, the Publisher reserves the right to accept or refuse any request for an extension.

3. Access to services - payment terms

Payment for products is done according to the User's selection:

  • by credit card (Visa, Mastercard, American Express, Carte Bleue),
  • by Paypal,
  • by Internet+ Box or Internet+ Mobile,
  • by surcharged telephone call,
  • or by SMS +.

The entire amount, displayed after having chosen the means of payment, is required at the time of the Order regardless of the means of payment selected by the customer.

Access to Services by the User can be paying and in which case, the price including tax, or its mode of calculation if the price cannot be determined in advance, is posted on the site.

Access to services through some of the solutions for payment presented in this article assumes that the User is the owner of a telephone subscription with a telecommunications operator, or that he/she has the authorization of the owner of said subscription.

a) Payment by credit card

Payment by credit card on the Site is secure thanks to our partners PayPal, Stripe and Braintree who deploy a encryption solution in order to secure the transmission of banking details and Users' banking cards data. The Site will not have any access whatsoever to the Users' banking card data.

A question? An issue?
Click here to contact us.

We use Stripe also for analytics and other business services. For these purposes, Stripe collects identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection. You can learn more about Stripe and read its privacy policy at: https://stripe.com/us/privacy 

The debit to the User's the bank card will be carried out in Euros, or when possible in the currency of the User, at the time of the order acceptance by the service provider. This acceptance will make the detailed analysis Report immediately accessible by going to the the appropriate page on the Site.

b) Payment by Internet+ Box or Internet+ Mobile

This solution is directed to any User having purchased a subscription to access the Internet from Internet access providers and/or from compatible telecommunications operators, namely Bouygues Telecom, Orange, SFR or Free (Box only). After acceptance by "double clicking", the amount of the Site's service executed by the act or the subscription will be debited directly on the invoice of the User's Internet access provider and/or telecommunications operator.

c) Payment by "surcharged phone call"

The User may obtain the services of the Site by a surcharged phone call. The service of the Site, via a surcharged telephone call is accounted and charged on the User's invoice issued by the telecommunications operator.

d) Payment by "SMS+"

The User may obtain the services of the Site by sending an SMS to a premium rate number, or by obtaining an access key to the Site's service by sending an SMS to a premium rate number. To access the services through the SMS+ payment solution, the User must have a smartphone connected to the Internet. The SMS+ service is accounted and charged on the User's invoice, issued by the telecommunications operator, on the condition that it receives an SMS allowing access to said service.

4. Immediate provision of an intangible benefit and waiver of the right of withdrawal within 14 days.

In any case, from the date of payment, access to complete services is immediate.

To the extent that these services constitute an immediate intangible benefit allowing the User to use immediately said services and/or for a specific duration of time, they are therefore totally executed before the expiry of the withdrawal period of 14 days. Accordingly, and in application of article L. 121-21-8 of the Consumer Code, the User agrees to the immediate provision of services and thus waives expressly to the exercise of any right of withdrawal.

5. Claims

In the event of a claim, the User can make a request by directly contacting the Publisher by email within 7 (seven) days following the purchase under penalty of forfeiture. In the case of a purchase via Paypal or bank card and if the claim is documented to the Publisher's customer service, then the Publisher will proceed to the reimbursement of expenses incurred by the User by postal stamp or by check, according to the User's choice. In the case of a purchase via another means of payment (Internet+ Box, Internet+ Mobile, SMS+, surcharged call, etc.), no refund will be granted.

After review, the Publisher reserves the right to refund totally or partially the price paid by the customer.

6. Limits of liability

The Publisher gives no advice, opinion or diagnosis of a medical or therapeutic nature.

In this respect, it reminds that in any case the access or the purchase of the Service does not in any way constitute an appeal to a qualified health professional.

The Publisher cannot be held responsible for typographical errors or inaccuracies appearing on the service, or for any damage suffered as a result of its use. The User remains responsible for his/her equipment and its use, and the User alone supports the direct or indirect costs due to his/her connection to the Internet.

The User undertakes to access to it by using recent hardware, not containing viruses and with an up-to-date Browser of latest generation.

The User releases the Publisher of responsibility for any damage that he/she may suffer or cause to suffer, directly or indirectly, from the fact of the proposed services or their use. Only the responsibility of the User is engaged by the use of the proposed service and the User expressly absolves the Publisher of any liability vis-a-vis third parties. In any assumption, the responsibility of the Publisher regarding the services is limited to the reimbursement of their purchase price.

7. Hypertext links and cookies

The Site contains a number of hypertext links to third party sites (partners, information, etc.). However, the Publisher of the site cannot to check the content of the sites visited and thus declines any responsibility for this fact with respect to the potential risks of illegal content.

The User is informed that at the time of visiting the Site, one or more cookies may install automatically on his/her computer. A cookie is a small file, which does not allow the identification of the User, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate navigation later on the site, and also to allow various measures of attendance. The refusal to install a cookie can result in the impossibility of access to certain services.

8. Invalidity - Force majeure

If for any reason a stipulation of the present general conditions should be declared inapplicable, this inapplicability would not affect the application of other provisions of the general conditions; that deemed unenforceable then being replaced by a provision as similar as possible.

The editor cannot be held responsible for any breach which would have origin in a case of force majeure beyond its control, including, without limitation, the case of war, riot, insurrection, interruption of transport, of a problem of import or export, strike, lock-out, shortage, fire, earthquake, storm, floods.

9. Applicable Law and Jurisdiction

Any dispute in connection with the use of the Site is subject to French law. Any dispute in connection with the use of the Site is subject to French law.

10. Personal data

In France, personal data are protected by the Ace no. 78-87 of January 6, 1978, Act No. 2004-801 of 6 August 2004, article L. 226-13 of the Penal Code and the European Directive of 24 October 1995.

On the Site, the Publisher does not collect personal information relating to the User except as needed for some of the services offered by the Site. The User provides this information in full knowledge of the cause, in particular when he/she proceeds to enter it themselves. It is thus specified to the User of the Site that it is the User's obligation whether or not to provide such information.

In accordance with the provisions of Articles 38 and the Act 78-17 of 6 January 1978 relative to computing, files and freedoms, any user has a right of access, rectification, cancellation and opposition to the personal data concerning them. To exercise this right, address your request to the Publisher or by making a written and signed request, with a signed copy of proof of identity of the requester, specifying the address to which the response must be sent.

No identifying personal information of the user is published, exchanged, transferred, ceded or sold in a document of any kind to third parties without the knowledge of the User. Only the hypothesis of the buyback of the Site to the Publisher and of its rights would allow the transmission of the aforementioned information to the potential purchaser who in turn would be held by the same obligation of preservation and modification of the data vis-a-vis the User of the Site.

The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.

The website

Brainstats
https://brainstats.com 

The publisher

The hoster

Amazon
1200 12th Avenue South
Suite 1200 Seattle
United States
https://aws.amazon.com