AUTO TRAIN BRAIN
DISTANCE SALES, SOFTWARE LICENSE, USE AND DATA PROTECTION AGREEMENT
(Fully Compliant with U.S. Federal Law, State Law, FTC Rules, HIPAA, GDPR & International Data Protection Standards)
ARTICLE 1 – PARTIES AND NOTICE ADDRESSES
1.1. This Distance Sales, Software License, Use and Data Protection Agreement (“Agreement”) is entered into between Auto Train Brain Inc., a Delaware corporation (“SELLER”), and the real or legal person purchasing products and/or services from the SELLER (“BUYER”).
1.2. SELLER Contact Information:
Trade Name: Auto Train Brain Inc.
Address: 320 Cobble Creek Curve, Suite 130, Newark, DE 19702, USA
Phone: +1 213 423 0846
E-mail: info@autotrainbrain.com
1.3. The BUYER confirms that the name, address, and contact information provided during purchase are accurate and that a valid e-mail and physical address suitable for legal notice has been supplied.
1.4. Unless otherwise notified in writing, all notices under this Agreement shall be deemed valid if sent electronically (including email) or physically to the addresses stated above.
ARTICLE 2 – DEFINITIONS
2.1. Service: Auto Train Brain software subscription, user accounts, installation materials, online documentation, dashboards, algorithmic outputs, updates, and separately charged consulting or support services.
2.2. Product: Digital software content and compatibility components enabling the use of the software in connection with third-party EEG hardware.
2.3. MANUFACTURER: EMOTIV Inc., United States of America – independent EEG hardware manufacturer.
2.4. Personal Data / Sensitive Personal Data: All data relating to an identified or identifiable person, including health, EEG, psychometric and behavioral data.
2.5. PHI (Protected Health Information): As defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
2.6. Privacy Notice and Explicit Consent: The documents incorporated herein by reference and forming the legal basis for data processing activities.
ARTICLE 3 – SUBJECT AND SCOPE OF THE AGREEMENT
3.1. This Agreement governs the principles related to the sale, delivery, licensing, use, and processing of personal and health data related to the Auto Train Brain software and services provided through the SELLER’s website, in-person sales, or other distance communication channels.
3.2. This Agreement is prepared in compliance with applicable U.S. federal law, state law, FTC consumer protection regulations, HIPAA, and internationally applicable data protection principles including GDPR where applicable.
3.3. The Parties acknowledge that announced prices, features and campaigns may be updated prospectively and that time-limited campaigns apply only for their stated duration.
ARTICLE 4 – CHARACTERISTICS, DELIVERY AND INSTALLATION
4.1. The basic characteristics of the Service are described on the SELLER’s website and technical documentation. The BUYER confirms having reviewed these materials and possessing technically compatible devices.
4.2. The subscription grants a right of use limited to the period stated on the invoice or a maximum of 365 sessions, valid for one (1) user account only.
4.3. The software is delivered digitally. EEG hardware is procured separately and all hardware-related processes are handled exclusively by the MANUFACTURER.
4.4. Even where the BUYER acquires hardware through SELLER referral, all sales, invoicing, delivery, customs procedures, defects, delays, loss or damage remain the sole responsibility of third-party suppliers or manufacturers. Estimated delivery timelines are indicative only and delays caused by force majeure or third parties shall not give rise to SELLER liability.
ARTICLE 5 – TERMS OF USE, LICENSE AND RESTRICTIONS
5.1. Usage Protocol: Recommended usage is at least three (3) days per week, no more than two (2) sessions per day, each session lasting approximately thirty (30) minutes. Neuroplastic effects may appear after 60–90 sessions; results vary by individual.
5.2. Clinical Disclaimer: The Service is not a medical device and does not provide diagnosis or treatment. In cases involving epilepsy, depression, autism, psychiatric or cardiac conditions, or medication use, the BUYER must consult a licensed physician. Responsibility for failure to do so rests solely with the BUYER.
5.3. Metabolic and Physiological Conditions: Conditions such as gluten/dairy intolerance, celiac disease, insulin resistance, diabetes, thyroid disorders, hypertension or systemic inflammation may reduce benefits. The SELLER bears no responsibility for reduced efficacy.
5.4. Device Compatibility: Android 10.0+/iOS devices with minimum 4GB RAM, Bluetooth, Wi-Fi and internet access are required. Hardware compatibility confirmations are handled by the MANUFACTURER.
5.5. The Service supports self-installation. One-time remote activation support (up to 30 minutes) is provided free of charge. Additional support is subject to fees.
5.6. A non-exclusive, non-transferable, session-limited license is granted for personal or educational use only. Reverse engineering, duplication, sublicensing, commercial use or unauthorized sharing is strictly prohibited.
5.7. Hardware repair or replacement follows MANUFACTURER procedures. Waiting periods do not create liability for the SELLER.
5.8. Acceptable Use: The Service may not be used for unlawful activities, abusive processing, unauthorized data use or manipulation.
5.9. Algorithmic Limitations: Outputs are non-diagnostic and affected by sensor quality, environment and configuration.
5.10. Service Level: Target availability is 99.0% monthly excluding maintenance and force majeure. Service credits constitute the sole remedy.
5.11. Improper use or unauthorized intervention voids warranty coverage.
5.12. Data access requests imposing excessive operational burden may incur reasonable fees.
ARTICLE 6 – FEES, PAYMENT, CANCELLATION AND REFUNDS
6.1. Fees are payable upon order confirmation.
6.2. No medical treatment or guaranteed outcome is promised.
6.3. Due to the digital nature of the Service, refunds are not available once service has commenced, except where required by applicable law.
6.4. Activation, login or usage constitutes commencement of service.
6.5. Any discretionary refunds are subject to deductions for usage, transaction fees, commissions and operational costs and are returned only to the original payment method.
ARTICLE 7 – FORCE MAJEURE
Natural disasters, war, strikes, cyber incidents, infrastructure failures, pandemics, legal restrictions, global service outages and similar uncontrollable events constitute force majeure. Obligations are suspended during such periods without liability.
ARTICLE 8 – LIMITATION OF LIABILITY
The Service is not a medical device. Except in cases of willful misconduct or gross negligence, the SELLER’s total liability is limited to the total fees paid by the BUYER in the preceding twelve (12) months.
ARTICLE 9 – INTELLECTUAL PROPERTY
All software, trademarks, algorithms, documentation, databases and interfaces belong exclusively to the SELLER and constitute protected intellectual property and trade secrets.
ARTICLE 10 – PERSONAL DATA PROTECTION (U.S. & INTERNATIONAL)
All personal data is processed lawfully, securely and proportionately in accordance with the Privacy Notice, HIPAA safeguards and applicable international standards.
ARTICLE 11 – GDPR COMPLIANCE
Where applicable, special categories of personal data are processed pursuant to lawful bases, subject rights are respected, international transfers rely on valid safeguards, and breach notifications are handled without undue delay.
ARTICLE 12 – HIPAA COMPLIANCE
EEG and related health data are treated as PHI. Administrative, physical and technical safeguards are applied. Business Associate Agreements are executed where required.
ARTICLE 13 – DATA SHARING
Data may be shared with EMOTIV, payment providers, CRM, hosting, analytics and legal service providers under confidentiality and data protection agreements.
ARTICLE 14 – DATA RETENTION AND LOCATION
Contractual records: 7–10 years
System logs: 2 years
Health data: Service period + 1 year
Primary storage: EU and U.S. with lawful transfer safeguards
ARTICLE 15 – AUDIT AND COMPLIANCE
Processing records are maintained and audit summaries may be provided upon reasonable request.
ARTICLE 16 – ASSIGNMENT, TERMINATION AND SUSPENSION
Unauthorized transfer is prohibited. Material breach may result in suspension or termination with notice.
ARTICLE 17 – GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the State of Delaware, USA.
Exclusive jurisdiction lies with the state and federal courts of Delaware.
ARTICLE 18 – MISCELLANEOUS
Severability, amendment, entirety and annex provisions apply.
ANNEXES
- Privacy Notice
- Explicit Consent Text
- Data Application Procedure
- Support Price List
- Service Level Agreement
- Data Retention Schedule
- Anonymization Procedure
- Data Processing Agreement
SIGNATURES
SELLER
Auto Train Brain Inc.
Authorized Representative: Dr. Günet Eroğlu – CEO
Date: 06 October 2025
BUYER
Name: ________________________
Address: _____________________
Email: ______________________
Date: ______________________
Signature: ___________________
