Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and BrainRevive Clinics LLC ("Company", "we", "us", or "our"), concerning your access to and use of the BrainRevive Clinics website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

Our registered office is located at 732 S 6th ST, STE N, Las Vegas, NV 89101, USA.

You agree that by accessing the Site and/or using our services, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. User Representations

By using the Site, you represent and warrant that:

• You have the legal capacity and you agree to comply with these Terms of Service;
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
• You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
• You will not use the Site for any illegal or unauthorized purpose;
• Your use of the Site will not violate any applicable law or regulation;
• All information you provide to us is true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site 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 Site, you agree not to:

• Systematically retrieve data or other content from the Site 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 Site;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
• Use any information obtained from the Site in order to harass, abuse, or harm another person;
• Make improper use of our support services or submit false reports of abuse or misconduct;
• Use the Site in a manner inconsistent with any applicable laws or regulations;
• Engage in unauthorized framing of or linking to the Site;
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Site;
• Engage in any automated use of the system, such as using scripts to send comments or messages;
• 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;
• Sell or otherwise transfer your profile;
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism;
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site;
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• Use a buying agent or purchasing agent to make purchases on the Site;
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means.

5. User License to Us

By posting or submitting any material (including comments, feedback, reviews, photos, and videos) to us via the Site, internet groups, social media, or other digital venues, you represent that you own the material or have obtained all necessary permissions to share it. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, reproduce, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material in any media formats and through any media channels.

This license includes the right to make your submissions available to other companies, organizations, or individuals who partner with us for the syndication, broadcast, distribution, or publication of such content on other media and services, subject to our terms and conditions for such content use.

6. SMS Messaging Terms & Compliance

Program Description

Our SMS messaging program sends appointment confirmation and reminder messages to customers who have booked an appointment with BrainRevive Clinics LLC through our website or via our scheduling forms, and have explicitly opted in to receive SMS notifications. Opt-in is collected via web forms with a dedicated checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, and customer support communications.

Opt-In & Consent

By opting into our SMS messaging services, you agree to receive text messages related to our services, including appointment reminders, customer support, and important updates. You will only receive messages if you have explicitly opted in. We maintain timestamped records of all opt-in actions and comply with the Telephone Consumer Protection Act (TCPA) and all applicable laws.

Cancellation Instructions

You can cancel the SMS service at any time by replying "STOP" to any message from us. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us unless you re-opt in. All opt-out requests are processed immediately.

Help & Support

If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or contact us directly at info@brainreviveclinics.com or call 1 855-592-8779 during business hours.

Message Frequency & Data Rates

Message frequency varies based on your service usage and appointment schedule. Message and data rates may apply for messages sent to you from us and to us from you. For questions about your text plan or data plan, contact your wireless provider.

Carrier Information

Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers. Carriers are not liable for delayed or undelivered messages.

SMS Data Protection

IMPORTANT NOTICE: We DO NOT share customer opt-in information, including phone numbers and consent records, with any affiliates or third parties for marketing, promotional, or any other purposes unrelated to providing our direct services. All text messaging originator opt-in data is kept strictly confidential. Information sharing to subcontractors in support services (such as SMS aggregators and providers solely for delivering messages you've consented to receive) is permitted. All other use cases exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Age Restriction

You must be 18 years or older to participate in our SMS program. For patients under 18, parental or legal guardian consent is required.

7. Registration & Account Security

To access certain features of the Site, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your login credentials (username and password) and for all activities conducted under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

If you suspect unauthorized use of your account, notify us immediately at info@brainreviveclinics.com. We are not liable for any loss or damage arising from your failure to comply with this security obligation.

8. Online Commerce & Third-Party Transactions

Certain sections of the Site may allow you to purchase products and services from third-party vendors or partners. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these third-party products and services.

If you make a purchase from a third party linked through the Site, the information obtained during your visit, including payment information, may be collected by both the merchant and us. A merchant may have its own privacy policy and customer service policies. We have no control over, and are not responsible for, the conduct or policies of third parties.

Your participation in any dealings with third-party vendors is solely between you and the third party. BrainRevive Clinics LLC shall not be responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as a result of the presence of such vendors on the Site.

9. Medical Services and Disclaimer

BrainRevive Clinics LLC provides hyperbaric oxygen therapy, brain mapping assessments, and related wellness services. All services are provided subject to availability and require advance scheduling.

Medical Disclaimer: The information provided on this Site is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

Our services are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary from person to person. We do not guarantee specific results from our treatments or services.

We reserve the right to refuse service to anyone for any reason at any time. Certain medical conditions may preclude you from receiving hyperbaric oxygen therapy or other services. You must complete all required medical intake forms and disclose all relevant medical history prior to receiving services.

10. Client Responsibilities and Informed Consent

By using our services, you acknowledge and agree that:

• You will provide complete and accurate medical history and current health information;
• You will inform us immediately of any changes to your health status or medications;
• You understand the nature of the services being provided and any associated risks;
• You have been given the opportunity to ask questions about the services;
• You will follow all pre-treatment and post-treatment instructions provided by our staff;
• You assume responsibility for any risks associated with receiving services after full disclosure;
• You will immediately report any adverse reactions or concerns during or after treatment.

11. Appointments, Scheduling, and Cancellations

All appointments must be scheduled in advance through our booking system or by contacting our office directly. We require at least 24 hours advance notice for cancellations or rescheduling.

Cancellation Policy: Cancellations made with less than 24 hours notice or no-shows may result in a cancellation fee equivalent to 50% of the scheduled service cost. This fee may be waived in cases of emergency or extenuating circumstances at our sole discretion.

We reserve the right to cancel or reschedule appointments due to staff availability, equipment maintenance, or other operational necessities. In such cases, we will make reasonable efforts to notify you as soon as possible and reschedule at a mutually convenient time.

Repeated late cancellations or no-shows may result in requirement of prepayment for future appointments or denial of future scheduling privileges.

12. Payment Terms and Refund Policy

Payment is due at the time of service unless alternative payment arrangements have been made in advance and approved in writing. We accept various forms of payment including credit cards, debit cards, and cash.

Pricing: All prices are subject to change without notice. The price in effect at the time of service will apply. Package deals and membership plans have specific pricing and payment terms outlined in separate agreements.

Refund Policy: Services rendered are generally non-refundable. In the case of pre-paid packages or memberships, refunds may be provided on a pro-rata basis for unused services under certain circumstances at our sole discretion. Requests for refunds must be submitted in writing and will be reviewed on a case-by-case basis.

Insurance and Billing: Our services may not be covered by insurance. We do not bill insurance directly. If you believe your insurance may cover our services, we can provide you with documentation to submit to your insurance provider for possible reimbursement, but we make no guarantees regarding coverage or reimbursement.

You are responsible for all fees and charges associated with services provided, regardless of insurance coverage or reimbursement.

13. Privacy and Confidentiality

We are committed to protecting your privacy and maintaining the confidentiality of your personal and health information in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable privacy laws and regulations.

By using our services, you acknowledge that you have received and reviewed our Notice of Privacy Practices, which describes how your health information may be used and disclosed and how you can access your information.

For detailed information about how we collect, use, store, and protect your data, please refer to our Privacy Policy, which is incorporated into these Terms of Service by reference.

14. Limitation 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 SITE OR SERVICES, 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 FOR SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. 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:

• Your use of the Site or services;
• Breach of these Terms of Service;
• Any breach of your representations and warranties set forth in these Terms of Service;
• Your violation of the rights of a third party, including but not limited to intellectual property rights;
• Any overt harmful act toward any other user of the Site with whom you connected via the Site;
• Your failure to disclose accurate and complete medical information;
• Your failure to follow pre-treatment or post-treatment instructions.

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.

16. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

17. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. Third-Party Links and Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites. We are not responsible for the privacy practices or content of third-party sites.

The information, products, and services offered on or through third-party sites are provided "as is" and without warranties of any kind, either express or implied. We encourage you to review the terms and privacy policies of any third-party sites you visit.

19. Termination

We reserve the right to terminate or suspend your access to the Site, without prior notice or liability, if we determine that you have violated these Terms of Service or engaged in conduct that we deem inappropriate, unlawful, or harmful to us or other users.

Upon termination, your right to use the Site will immediately cease. You must cease all use of the Site and any content obtained from it. All provisions of these Terms of Service which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

20. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

These Terms of Service 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 of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service 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 of Service or use of the Site.

You agree that these Terms of Service 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 of Service and the lack of signing by the parties hereto to execute these Terms of Service.

21. Dispute Resolution and Arbitration

Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (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.

Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.

Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

22. Governing Law and Jurisdiction

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms of Service will be brought exclusively in the federal or state courts located in Clark County, Nevada, and the parties irrevocably consent to the personal jurisdiction and venue there.

23. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or services.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

24. Changes to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change.

Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. 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 of Service by your continued use of the Site after the date such revised Terms of Service are posted.

25. Contact Information

If you have any questions or comments about these Terms of Service, please contact us at: