TERMS AND CONDITIONS

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Last updated December 11, 2024

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These Terms and Conditions govern your use of our website: https://nobel-iq.com.

In this document, the "Website" or "Services" refers to the Nobel IQ website; "we", "us", and "our" refer to Nobel IQ; and "you", "client", and "user" refer to you, as a user and client of Nobel IQ.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and Conditions are posted.

These Terms and Conditions shall remain in full force and effect while you use the Services.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

All content on the Website, including but not limited to logos, trademarks, images, text, and videos, is protected under copyright and intellectual property laws. This material belongs to us or is used with permission from third-party licensors.

The resources provided on our Website are meant for personal, non-commercial use. Unauthorized reproduction, publication, distribution, or modification of any part of our materials is expressly prohibited. You may not alter or use the content for any purpose not explicitly permitted by these terms. Any infringement or attempt to bypass security measures to misuse content from the Website will lead to legal action.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

You have the legal capacity and you agree to comply with these Terms and Conditions;
You are not a minor in the jurisdiction in which you reside;
You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
You will not use the Services for any illegal or unauthorized purpose; and
Your use of the Services will not violate any applicable law or regulation.

4. PURCHASES & FEES

4.1 SUBSCRIPTIONS

Our subscription provides access to our Services, including your IQ score, a personalized IQ certificate, a detailed IQ report, and a curated selection of Brain Games designed to enhance cognitive skills such as logic and reasoning. While the games themselves are developed and provided by third-party companies, we offer a unique selection of these games tailored to your needs. Subscribers can also retake the IQ test as many times as they like. All these features remain available as long as you are logged into your account and maintain an active subscription with us.

Please note that to process the payment we use third-party services (payment processors), whom you authorize to charge you the applicable fees using the payment method you have chosen. Such services enable the transaction initiated by you and notify us of its completion.

4.1.1 Trial Subscriptions

If a trial subscription is offered, it will automatically convert to a paid subscription at the end of the trial period unless canceled at least 24 hours before it ends. By starting a trial, you agree to the terms and pricing associated with the subsequent subscription, and you will be charged the applicable fees for the Services upon conversion and periodically thereafter based on the term and frequency of the subscription you purchased.

It is your responsibility to track the trial period and cancel if you do not wish to continue.

4.1.2 Auto-Renewal

Subscriptions are billed on a recurring basis (e.g., monthly) and will auto-renew at the end of each billing period unless canceled at least 24 hours before it ends. By subscribing, you authorize us to charge the applicable subscription fees to your payment method on file.

4.1.3 Cancellation Policy

You can cancel your subscription at any time by visiting the Cancel Subscription page or contacting our support team using the contact details provided in the section "CONTACT US". Cancellation requests must be submitted at least 24 hours before the end of the current subscription period to avoid being charged for the next billing cycle. Once canceled, your subscription benefits will remain active until the end of the current billing period, after which access will be revoked.

4.1.4 Changes to Subscription Fees

We reserve the right to modify our subscription prices at any time. If a change occurs, we will notify you in advance. Continued use of the service after the change takes effect constitutes your agreement to the new pricing.

4.2 ONE-TIME PAYMENTS

We may offer access to certain services, including your IQ score, a personalized IQ certificate, and a detailed IQ report, through a one-time payment option. Upon successful completion of the payment process, you will receive access to these materials.

The results are provided for personal use only and are non-transferable. You acknowledge that these results are not a definitive measure of intelligence and should not be relied upon as such.

Nobel IQ reserves the right to modify pricing and availability of this offer at any time.

4.3 REFUNDS

As a general rule, your purchases are final and cannot be canceled, and we will not refund any transaction once it has been made. However, we will provide refunds in cases and to the extent required by mandatory provisions of applicable law.

4.3.1 Eligibility for Refund

Refunds are applicable only to purchases made directly through our Services. For purchases made through third-party platforms, please refer to their respective refund policies.
You must request a refund within 30 days of the original purchase date (the purchase date is defined as the date of validation of your payment by our servers for a one-time payment or the date of validation of your last subscription payment by our servers).
You must provide a valid reason for refund. Valid reasons include, but are not limited to:
- You experienced technical issues that rendered your use of the Services impossible.
- The Service was not delivered or did not function as described.
- Dissatisfaction with the quality of the service (subject to review).

Refunds will not be issued for the following reasons:

Change of mind.
Incompatibility with your device or software (if compatibility information was provided prior to purchase).
Failure to use the service due to lack of understanding or proficiency.

4.3.2 To Request a Refund

Contact our support team using the contact details provided in the section "CONTACT US".
Provide your full name, the email address used during the initial purchase, and the reason for your refund request.

4.3.3 Refund Review and Processing

Once your refund request is received, our support team will review it within 5-7 business days. If the refund is approved, it will be processed within 5-10 business days, depending on your payment method.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any content.
Attempt to impersonate another user or person or use the username of another user.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

6. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

In the process of using our Services, you may provide content or information. You maintain any copyrights and rights to the content you share with us. We are not liable for the accuracy, security, or legality of any user-provided content or information.

By submitting content to our Website, you grant us a global, non-exclusive, royalty-free license to use, display, modify, and reproduce the content as necessary solely to offer and enhance our Services. This permission ensures we can deliver the personalized training and support our platform promises.

7. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, games, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.

Any purchases you make through Third-Party Websites will be processed through those third-party platforms. We take no responsibility whatsoever for such purchases, which are exclusively between you and the applicable third party. Please ensure you carefully read the terms, conditions, and refund policies of the third-party provider before making any purchase.

We do not sell in-game items, offer in-game services, or facilitate such purchases through third parties. The games accessible through our Services are developed and provided by third-party companies. We do not control these games or their functionality and disclaim any liability related to their use. Please carefully review the relevant terms, conditions, and privacy policies of the third-party providers of these games before accessing or engaging with them.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these Terms and Conditions;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to our Services;
In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you; and
Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

9. PRIVACY POLICY

By using the Services, you agree to be bound by our Privacy Policy.

10. DISPUTE RESOLUTION

10.1 Informal Negotiations

10.1.1. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

10.2 Binding Arbitration

10.2.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist.

10.2.2. Any dispute arising from the relationships between the Parties to these Terms and Conditions must be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, England. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of England and Wales.

10.2.3. You agree to comply with the following rules, which are intended to streamline the arbitration process and reduce the costs and burdens on the parties:

The arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
Any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

10.2.4. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY CONTACTING US VIA OUR SUPPORT OR TO THE ARBITRATION NOTICE ADDRESS.

For your opt-out to be effective, you must submit a signed written notice opting out and containing enough details about you for us to be able to identify you within thirty (30) days. If more than thirty (30) days have passed, you are not eligible to opt out of this provision and you must pursue your claim through binding arbitration as set forth in this agreement.

10.3 Restrictions

10.3.1. You agree that any arbitration must be limited to the Dispute between the Parties individually. To the full extent permitted by law:

No arbitration shall be joined with any other proceeding;
There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

10.4 Waiver of Class Action Claims

10.4.1. You and us agree to bring any dispute on an individual basis only, and not as a class or collective action. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action.

10.5 Exceptions to Informal Negotiations and Arbitration

10.5.1. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:

Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction below, and the Parties agree to submit to the personal jurisdiction of that court.

10.5.2. For the avoidance of doubt, you agree that, in the event the Developer or a third party breaches these Terms, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against us, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.

11. GOVERNING LAW

11.1. These Terms are governed by and interpreted following the laws of England and Wales.

11.2. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of England to settle any disputes which may arise out of or in connection with these Terms and that accordingly proceedings must be brought in such courts.

11.3. The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and waive any defenses of improper venue or forum non-conveniens.

11.4. If you are a resident of the European Union:

Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

12. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

Use of the Services;
Breach of these Terms and Conditions;
Any breach of your representations and warranties set forth in these Terms and Conditions;
Your violation of the rights of a third party, including but not limited to intellectual property rights; or
Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

14. DISCLAIMER

By utilizing the Services, you acknowledge that we do not promise or guarantee specific results, outcomes, profits, or success from our brain training programs. Individual results may vary significantly and depend on a myriad of factors outside of our control.

Accessing our Services and using the information provided within entails personal responsibility. While we strive to offer valuable and accurate content, we cannot assure the absolute efficacy of the actions taken based on this information. The resources and content available through our Services are intended strictly for informational purposes and should not be interpreted as professional advice. Utilizing the material from our Services is solely at your risk, recognizing that content accuracy, completeness, or currency is not guaranteed.

15. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services.

You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

16. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: info.nobeliq@gmail.com

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