Version 2.1 · Effective: 29 October 2026 · This version replaces the Distance Sales, Software License, Use and Data Protection Agreement dated 6 October 2025.
Auto Train Brain Subscription Agreement
1. Parties
1.1. This Agreement is between Auto Train Brain Inc., a Delaware corporation, 112 Capitol Trail, Suite A3131, Newark, DE 19711, USA, +1 213 423 0846, info@autotrainbrain.com (“we”, “us”) and the person or entity buying the subscription (“you”).
1.2. Customers in Türkiye who buy through autotrainbrain.com in Turkish lira contract with HMS Health Mobile Software A.Ş. under the Turkish Mesafeli Satış Sözleşmesi, not under this Agreement.
1.3. Notices may be sent to the email address you gave at checkout and to the addresses above.
2. What you are buying
2.1. A personal, non-transferable licence to use the Auto Train Brain or NeuroSphere software (mobile app and cloud reports) for one user account, for the term shown at checkout and up to 365 sessions.
2.2. Included: software access, end-of-session summaries, in-app feedback and automatic monthly progress reports. Not included: psychologist or specialist sessions, on-site set-up, one-to-one training and custom reports. These are optional and priced separately.
2.3. The EEG headset is sold by a third-party seller under its own terms and warranty. Your statutory and warranty rights for the headset are against that seller and are not limited by this Agreement.
3. Price and payment
3.1. The price, currency, term and any taxes are shown on the checkout page before you pay. There are two kinds of plan, and the checkout page says which one you are buying:
- Fixed-term plans (for example 6, 12 or 15 months): a one-time payment for the stated term. They do not renew automatically.
- Monthly plans: charged every month on the same day as your first payment and renewed automatically each month until you cancel. The monthly amount is shown before you pay.
3.1A. Cancelling a monthly plan. You can cancel at any time by emailing info@autotrainbrain.com from the address you used to subscribe. We confirm the cancellation by email within one business day. Cancellation stops all future charges; you keep access until the end of the month you have already paid for. If we change the monthly price, we will email you at least 30 days before the new price applies, and you may cancel before then.
3.2. Payments are processed by Stripe, Inc. We do not see or store your full card details.
3.3. We may change prices for future purchases. A change never affects a term you have already paid for.
4. Delivery
4.1. We send your account access by email within one business day after payment is confirmed. If we cannot give you access within 30 days, you may cancel and receive a full refund.
4.2. One remote activation session of up to 30 minutes is free.
5. Wellness product, not a medical device
5.1. The service is a general wellness product for cognitive exercise and practice. It is not a medical device, has not been cleared or approved by the U.S. Food and Drug Administration, and is not intended to diagnose, treat, cure, mitigate or prevent any disease or condition. It does not replace care from a qualified professional. Individual experiences vary and no particular result is promised.
5.2. If the user has a health condition or takes regular medication, we recommend speaking with a physician before use.
5.3. Suggested use: at least three days a week, no more than two sessions a day, about 30 minutes each. This is not a treatment plan.
6. Licence rules
6.1. You may not share your account, resell or sublicense the service, reverse-engineer the software except where the law allows, or use it to make clinical, employment, insurance or educational-placement decisions about anyone.
6.2. All software, content and trademarks remain ours or our licensors’.
7. Refunds and cancellation
7.1. 15-day full refund. You may ask for a full refund for any reason within 15 days of your first payment, even if you have used the service. Write to info@autotrainbrain.com. We refund the full amount to your original payment method within 10 business days, with no deduction for use.
7.2. After 15 days, we do not refund the remaining part of a term or month you have already started, unless the law of your place of residence requires otherwise.
7.3. Nothing in this section limits your rights if the service is defective or not as described, or any other right you have under the consumer law of the place where you live.
8. Freezing during a headset fault
8.1. If the software cannot be used because of a headset fault, you may ask us to freeze your term. While frozen, your term and remaining sessions are extended by the length of the freeze and your data is kept. A freeze is not a refund and does not extend the 15-day period in 7.1.
8.2. User fault – excluded from warranty and maintenance: We do not sell hardware under this Agreement. However, if a headset is handled for warranty or maintenance through us or our authorised service, damage or malfunction caused by misuse or by not following the user guide and our instructions is user fault and is not covered by the warranty or by maintenance. This explicitly includes: (a) detachment, breakage or tearing of sensors/electrodes or sensor arms caused by pulling, twisting, dropping, improper fitting or improper storage; (b) battery capacity loss or failure caused by not completing the initial full charge of 16 hours before first use, as instructed; (c) battery degradation caused by not charging the device regularly/periodically as instructed, including leaving it fully discharged for long periods. In these cases, repair or replacement is carried out at your expense after a technical assessment by us or our authorised service. The freeze in section 8.1 still applies on request. This does not limit any rights you have under applicable consumer protection law.
8A. EMOTIV EPOC X hardware – maintenance and replacement
8A.1. EPOC X hardware is manufactured by EMOTIV and supplied through its distributor. Any repair or replacement under the maintenance agreement is decided solely by EMOTIV, including whether a replacement is approved and how long it takes.
8A.2. Auto Train Brain Inc. acts only as an intermediary in this process and cannot be held responsible for EMOTIV’s decisions, delays or refusals.
8A.3. While the hardware is with EMOTIV or its distributor, your licence or subscription term is frozen on request as described in section 8.1 and resumes when the device is returned to you.
8A.4. Licence or subscription fees are not refunded on account of hardware repair or replacement. Where a purchase is made through Apple App Store or Google Play, store refund policies apply to purchases made through those stores.
8A.5. This section does not affect the 15-day full refund in section 7 or your rights if the service is defective. This does not limit any rights you have under applicable consumer protection law.
8A.6. Hardware not purchased from us: If the EPOC X hardware was not purchased from us (Auto Train Brain Inc. or HMS Health Mobile Software A.Ş.), we cannot provide technical support, maintenance, repair or replacement for that hardware. Please direct such requests to the seller you bought it from or to the manufacturer. Our support for the software continues under this Agreement.
8A.7. Hardware purchased from us: If the EPOC X hardware was purchased from us, we request a replacement from the manufacturer only for product problems that exist in the product itself (manufacturing defects). Problems caused by the user, including those listed in section 8.2 (e.g. damaged or detached sensors, or the battery running out early because the device was not charged sufficiently), are outside warranty and maintenance coverage and are subject to paid maintenance.
8A.8. Hardware damaged by the user: If the EPOC X hardware is damaged for a reason attributable to the user, the remaining part of your licence or subscription term is not refunded. You can continue using the software for the remaining term by obtaining another EPOC X or having your device repaired under paid maintenance.
8A.9. Software refunds only within 15 days: The software fee can be refunded only within the 15-day period in section 7.1. After that period, not having used or having rarely used the software, or claiming after several months of use (e.g. 7-8 months) that the product did not meet your expectations, is not a ground for a refund. Section 7.3, section 12 and the mandatory consumer law of your place of residence are not affected.
8A.10. The manufacturer’s warranty is 6 months: The manufacturer EMOTIV gives a 6-month manufacturer’s warranty for the EPOC X hardware from delivery. The replacement request in 8A.7 is made for problems that exist in the product itself (manufacturing defects) within these 6 months. After the 6-month manufacturer’s warranty ends, the manufacturer does not provide replacement or free repair, and maintenance and repairs in that period are charged. This does not limit any implied warranty or other consumer rights you have against the seller of the hardware under the law of the place where you live.
9. Service availability
9.1. We aim for 99.0% monthly availability, excluding planned maintenance and events outside our control. If an outage we caused lasts more than 24 hours in a term, we add 7 days to your term. This does not limit any other right you have by law.
10. Liability
10.1. To the extent the law allows, our total liability for any claim relating to the service is limited to the amount you paid us in the 12 months before the claim. We are not liable for indirect or consequential losses.
10.2. Nothing in this Agreement limits liability that cannot be limited by law, including for death or personal injury caused by negligence, for fraud, or for gross negligence or wilful misconduct.
11. Your data
11.1. How we collect and use personal data is described in our Privacy Policy, including the Consumer Health Data section.
11.2. We process EEG, heart-rate and other consumer health data only with your separate, opt-in consent. Accepting this Agreement is not consent to process health data.
11.3. We are not a health care provider and are not a covered entity or business associate under HIPAA. If a breach of your health data occurs, we notify you under the FTC Health Breach Notification Rule and applicable state law.
12. Events outside our control
12.1. We are not responsible for delay or failure caused by events outside our reasonable control, such as natural disasters, war, epidemics, major internet or cloud outages, cyber attacks or legal restrictions. If such an event stops the service for more than 30 days, you may cancel and receive a refund for the unused part of your term.
13. Ending the Agreement
13.1. We may suspend or end your access, after notice where practical, if you seriously breach section 6. You may stop using the service at any time; refunds follow section 7.
14. Governing law and disputes
14.1. This Agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules.
14.2. You may bring a claim in the state or federal courts located in Delaware, or in the small-claims court where you live. This does not take away the protection of mandatory consumer laws of your country or state of residence.
15. General
15.1. If part of this Agreement is unenforceable, the rest remains in force. This Agreement and the Privacy Policy are the whole agreement between us about the service. We may update this Agreement for future purchases; the version you accepted at checkout applies to your term.
15.2. We email a copy of this Agreement with your order confirmation.