General conditions

Dear Reader,

In these terms and conditions, we have defined what your and my rights and obligations are. Here we have chosen a human and simple version.

Of course Dutch consumer law always applies when you purchase our services as a consumer. And for everything else Dutch law applies when these general conditions do not provide for certain events.

Is there a problem you can't find anything about in these terms and conditions, or are you missing something else? Please contact us. Then together we will find an appropriate solution.

Article 1 Definitions

When you see one of these words in this text, it formally means this:

1. I, we or us: The company BrainArts/ Safe and Sound Protocol, registered with the Chamber of Commerce under number 72561335.
   The safeandsoundprotocol-ssp.co.uk website is a part of this. 
2. You/you or you: the natural or legal person who has taken the Safe and Sound Protocol or the Focus System.
3. Online offerings: All forms of information exchange from us to you, whether online or offline, in groups or individually.

Article 2 General matters

1. These general terms and conditions apply to all offers, quotations and agreements and other legal relations between you and us.
2. We may change these terms and conditions. The most recent version is always posted on the safeandsoundprotocol-ssp.co.uk website. If the changes affect the agreement between you and us, we will notify you of the change
   notify.
3. If there is something in these general terms and conditions that is not valid, because it is void or destroyed by you, we will agree on a new rule together, which will achieve the same goal.

Article 3 Our offer

1. We make a written offer, including on the website and through flyers or other media.
2. Offers are valid for the time specified in the offer, not after that.
3. You agree to the offer in the manner stated in the offer. Your agreement is not final until you have paid.

Article 4 Our agreement

1. The agreement is established when you agree to the offer and have paid the agreed-upon fee for it.
2. We assume an obligation of effort for this agreement, but make no guarantee about achieving the intended result.
3. If it is necessary, we may have the agreement (partly) executed by a third party. We will then make this known to you.
4. If it is necessary to change the agreement, we will notify you in time and before the change takes effect.
5. We may change, refresh, replace or modify the content we provide under our agreement.
6. Not satisfied? Unfortunately, we do not offer a "no good, money back" guarantee. However, you may claim against us if there is a breach of contract. Please see the article on liability later in these general terms and conditions.
7. We have a period of 14 days after your payment that you may request a refund from us. We only do this if you have not yet used Unyte's app to listen. Once you have listened, you have started using the product.
   and cannot be cancelled. This also applies to Focus, with Focus you also receive a complete starter kit. We would like to receive this complete set back from you within 14 days and in
   new condition as received before we can initiate your refund. For returns please send an email to
   post@brainarts.nl for further instructions.

Article 5 Online offer

After payment, you get 12 months of access to Unyte's app. In doing so, you can use the full SSP in all variants.

1. Access to Unyte's app is personal. So you may not share your login details of this and the materials of our course with others. If you take the family package then you may only share it with your family. We then apply a
   maximum of 5 people allowed to listen. If you do share your login information with someone without adhering to the above rules, we may block access to the app and all your rights will expire. We terminate
   than the agreement between you and us and you are not entitled to any money back.
2. You can only access the app after payment.
3. We are a provider for Unyte and provide access to their app. Should it be unavailable for a period of time we will compensate for this time by giving you longer access for the missed time. We are not
   liable for non-functioning of this app because we have no control over it.
4. As a provider, we have access to part of Unyte's app management software. This allows us to sign users on and off and turn program components on and off. It also allows us to see how long and how often
   you are listening. But we cannot see what time or where you are listening or with whom. Nor does the app have access to your camera or microphone, in the sense that we can use them. The app does ask for a setting from your phone
   so that you are not disturbed while listening. To avoid being disturbed, we recommend that you put your phone on airplane mode after you start listening. If you have any questions about this
   you can always contact us and look in the appstore and playstore at the app itself.
5. You must have an Internet connection to download your chosen programs, and the app needs temporary Internet access to record where you left off.

Article 6 Guidance

1. You receive guidance from us during the 12 months, at Focus this is at least 12 months and in consultation sometimes longer. This guidance also applies to your family members if you have chosen the family package. The guidance is in principle
   in writing through questions you can ask us by email or whatsapp. If you prefer to call us we can always see if this is possible. We may also suggest calling if your question is
   this allows. We are part of a psychology practice, therefore you can count on appropriate guidance.
2. Counseling is limited to questions and issues directly related to the Safe and Sound Protocol and your taking it. For example, if you experience tension while listening or some other form of discomfort and you do not
   know what to do.
3. Should it become apparent during listening that issues emerge that need more help, always contact us immediately for advice. And consult your primary care physician immediately.
4. We also offer a full care program through our psychology practice BrainArts. Taking the Safe and Sound Protocol through our website does not entitle you to treatment through our psychology practice. However, we can always
   in consultation see if additional treatment is possible and appropriate.
5. If you take the Focus system from us you will receive, in addition to written guidance during the agreed period, two introductory sessions of 45 minutes per session. These sessions can be online or in our practice. We
   mutually agree on what is most convenient for both of us. The standard period of access to the Focus system via Unyte's app is 12 months. This period can be extended by mutual agreement for another 12 months.

Article 7 exclusions and disclaimer

At all times we pay our full attention to the composition and content of the information on our website www.safeandsoundprotocol-ssp.nl. Despite this effort, it is possible that certain information is incorrect or incomplete.
is. We obviously do our best to avoid this and should you have any additions or questions, they are always welcome via email. 

Changes to the information may be made at any time without notice. We exclude all liability for any damages of any kind, direct or indirect, arising out of or
in any way related to the use of our website and/or the information, or to the temporary inability to access the website. In addition, we are not liable for damages, direct or indirect, that are
results from the use of information obtained through the website. 

Going through the Safe and Sound protocol can be done on its own or in addition to an existing treatment. Here, it is explicitly our advice that when there are complaints that involve one or more areas of life
disruptors, specialty care is sought within the mental health or somatic care. Also, the Safe and Sound protocol is not intended for the treatment of symptoms consistent with addiction, bipolar disorders and psychotic
disorders. In these cases, the Safe and Sound protocol can supplement ongoing treatment within an appropriate care framework. If you have questions about this, we would like to hear them by mail or telephone.

Article 8 Our intellectual property

1. We are the rightful owner of all information on our website and offerings. If we are not the rights holder ourselves, we have a license to use it.
2. It is important to us that our content remains unique. Therefore, we give you no prior permission to use, share, disclose, copy or replicate it. If you do want to do this, please ask us in writing first.
   for our consent.
3. You may only store materials as a home copy or download for strictly personal use.
4. You may not offer your own online training or offline training or anything similar to third parties, based on information, materials and works obtained through us from our course or website. 
5. If you infringe our intellectual property rights or violate any of the above rules, we may charge a fine of €5,000 per incident and €5,000 per week or part of the week that the violation continues,
   with a maximum of €200,000.

Article 9 Compensation and payment

1. Your payment must be made before you can access Unyte's app and our course.
2. You will receive a digital invoice from us after payment.
3. If you reverse your payment or otherwise retrieve it or have it retrieved we will immediately block access to Unyte's app and stop your coaching.
4. Is your reversal or the way you retrieve or have your money retrieved not lawful or not according to our agreements and terms and conditions. Then we can reclaim this amount from you. If necessary, we can then issue a
   hiring a collection agency which, of course, will incur additional costs for you.

Article 10 Our liability

1. We are not liable for any direct or indirect damages, which may have arisen from the use of Unyte's app or our course. However, should any damages arise we will try to help you with this.
   help if you report this to us.
2. You have the choice whether or not to apply the knowledge gained from the course. We are not liable for the consequences of that choice or how you apply the knowledge, and possible consequences or damages to you.
3. We are not liable for viruses that are on or get on your computer, even if it is through an email or file from us.
4. We cannot guarantee that Unyte's App is always available. If it is not working please let us know via our contact form or at
   post@brainarts.nl.
5. We will always compensate you for the period you did not have access. We do this by extending your total access time by the time it was unavailable, once the app becomes available again. To date, this has never
   occurred, but of course a technical glitch can always happen sometime.
6. We are only liable for direct damages, if there is a legal or contractual culpable failure and only up to the amount of the invoice amount.

Article 11 Other provisions and privacy

1. We handle your personal data with care. This is further described in the privacy and cookie statement which can be found on the safeandsoundprotocol-ssp.nl website.
2. If we ask for a review or ask you if we can use your information for our website we will always do this in an anonymous form, if not in an anonymous form we will always ask you this as well.
   You always have the right to have displayed information related to you changed or removed. Your personal interest is always more important than ours.
3. Should you post a review about us elsewhere, the rules of the website where you post it will apply. We never ask you to be positive, we ask you to be honest. Not satisfied with something? Please contact us
   with us before you post a review. We will always see if we can find an appropriate solution that will make you satisfied again.
4. These general terms and conditions are governed exclusively by Dutch law.
5. Disputes shall be submitted to a competent judge of the Utrecht District Court.

These terms and conditions were last updated on 22-07-2024.