Terms and Conditions

Last Updated: January 2, 2026

Agreement to Terms

Dr. Mandana Modirrousta Medical Corporation, doing business as BrainWave Clinic (referred to as "Company," "we," "us," or "our"), operates the website brainwaveclinic.ca (the "Site"), along with any related services or applications that link to these Terms (collectively, the "Services"). These Terms and Conditions (these "Terms") are a legal agreement between you (whether an individual or an entity, referred to as "you") and the Company. By accessing or using our Services, you agree that you have read, understood, and accepted all of these Terms. If you do not agree with these Terms, you must not use our Services and should discontinue use immediately.

We may offer additional terms or product-specific conditions; any such supplemental terms are hereby incorporated into these Terms by reference. We also reserve the right to change or modify these Terms at any time. If we make changes, we will update the "Last Updated" date above. It is your responsibility to review these Terms periodically. Your continued use of the Services after we post any modifications means you accept those changes.

Age Requirement: Our Services are intended for individuals 18 years of age or older. By using the Services, you affirm that you are at least 18 (or the age of majority in your jurisdiction). Persons under 18 are not permitted to use or register for the Services.

You can contact BrainWave Clinic with any questions or concerns about these Terms at (+1) 204-414-0077 or info@brainwaveclinic.ca, or by mail at 400 Tache Ave Unit 700, Winnipeg, MB R2H 3C3, Canada. We recommend that you save or print a copy of these Terms for your records.

1. Our Services

We provide our Services for users in various locations, but we do not represent that the Services are appropriate or available for use in all jurisdictions. You may not use or access the Services if doing so violates the laws of your country or region or would subject us to any legal requirements in such location. If you choose to access the Site from outside of Canada, you do so on your own initiative and you are responsible for compliance with any local laws that apply to you.

2. Intellectual Property Rights

Our Content and Marks

All content and materials available on the Services – including but not limited to the website design, text, graphics, logos, images, audio clips, video, software, code, and functionality (collectively, the "Content") – as well as all trademarks, service marks, and logos contained therein (the "Marks"), are owned by or licensed to us. This Content and these Marks are protected by intellectual property laws in Canada, the United States, and other jurisdictions around the world.

We provide the Content and Marks on the Services “as is” for your personal, non-commercial use and for internal business purposes only. Except as expressly permitted in these Terms, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any portion of the Services, Content, or Marks without our prior written permission.

Your Rights and Limited License

Subject to your compliance with these Terms (including all the rules in the “Prohibited Activities” section below), we grant you a limited, non-exclusive, non-transferable, revocable license to:

Access and use the Services for your personal, non-commercial use (or internal business use, if you are acting on behalf of a business); and
Download or print one copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business reference.

No Other Use Permitted: You must not use any Content or Marks from our Services for any commercial purpose without our express prior written consent. If you wish to use any part of the Services, Content, or Marks beyond the scope of the license above, please send your request to info@brainwaveclinic.ca. If we grant you written permission, you must ensure that you properly attribute us as the source or owner of the Content or Marks and keep any copyright or proprietary notices intact.

We reserve all rights in and to the Services, Content, and Marks not expressly granted to you in these Terms. Any breach of this section will be considered a material breach of these Terms and will immediately terminate your permission to use our Services.

Your Submissions and Feedback

If you choose to send us any suggestions, ideas, feedback, questions, or other information about our Services (collectively, "Submissions"), you agree that:

Ownership: We will own all intellectual property and other rights in your Submissions. You assign to us all rights in any Submissions, and we can use and share the Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
No Confidentiality: Your Submissions are not confidential or proprietary to you. You should not send us any information or material that you consider confidential or that you do not have the right to share.
Your Responsibility: You are responsible for the content of your Submissions. By sending or uploading any Submissions through our Services, you are confirming that you have read and will comply with the “Prohibited Activities” section of these Terms. In particular, you agree that your Submissions will not: be illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, or otherwise objectionable or false/misleading. You also agree, to the extent permitted by law, to waive any moral rights in your Submissions and confirm that your Submissions are your original work (or that you have all necessary rights and permissions to submit them).

If your Submissions violate someone else’s rights or any law, you will be fully responsible for any loss or damage that results. You agree to reimburse us for any losses we suffer because of your Submissions that violate these Terms, someone else’s rights, or any law.

3. User Representations

By using our Services, you represent and warrant (i.e., you promise) that all of the following are true:

Legal Capacity: You have the legal capacity and authority to agree to these Terms, and you will comply with them.
Age: You are not a minor in your jurisdiction. (In other words, you meet the minimum age requirement – at least 18 years old, or older if the age of majority is higher in your region.)
Authentic Use: You will not access the Services through automated or non-human means. This means you won’t use bots, scripts, or any other automated tools to use or interact with the Site.
Lawful Purpose: You will not use the Services for any unlawful or unauthorized purpose.
Compliance: Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or if you otherwise violate these Terms, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion of the Services).

4. Prohibited Activities

You agree not to use the Services for any purpose or in any manner that is not authorized by us or that violates these Terms. Specifically, you agree that you will NOT:

Data Mining: Systematically retrieve data or Content from the Services to create a collection, compilation, database, or directory without our written permission.
Deception: Trick, defraud, or mislead us or other users (especially in attempts to gain sensitive information such as passwords).
Circumvent Security: Circumvent, disable, or interfere with any security-related features of the Services, including features that prevent or restrict copying of Content or enforce limitations on use.
Disparagement: Disparage, tarnish, or otherwise harm our reputation or the Services (as determined by us).
Harassment: Use any information obtained from the Services to harass, abuse, or harm another person.
Misuse Support: Make improper use of our support services or submit false reports of misconduct or abuse.
Illegal Use: Use the Services in a manner inconsistent with any applicable laws or regulations.
Unauthorized Framing/Linking: Engage in unauthorized framing of or linking to the Services (for example, presenting our website within another site without permission).
Malicious Code: Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material (including excessive use of capital letters or spamming repetitive text) that interferes with any user’s uninterrupted use of the Services, or that alters, impairs, or disrupts the Services’ operation.
Automated Use: Use any automated system, such as scripts, robots, or data mining tools, to access the Services or to send comments/messages, except as may be the result of standard search engine or Internet browser usage.
Remove Notices: Delete or obscure any copyright or other proprietary rights notice on any Content.
Impersonation: Attempt to impersonate another person or user, or use another user’s username or account without authorization.
Tracking Tools: Upload or transmit (or attempt to) any material that acts as a passive or active information collection or transmission mechanism, such as clear GIFs, 1×1 pixels, web bugs, cookies, or other spyware-like devices.
Interference: Interfere with, disrupt, or create an undue burden on the Services or the networks and services connected to the Services.
Threats: Harass, annoy, intimidate, or threaten any of our employees or agents who are providing any portion of the Services to you.
Bypass Measures: Attempt to bypass any measures we have put in place to prevent or restrict access to the Services (such as access controls or restrictions).
Copy Software: Copy or adapt the Services’ software, including but not limited to HTML, JavaScript, or other code.
Reverse Engineer: Decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or in any way making up a part of the Services, except where such activity is expressly permitted by law.
Automated Agents: Use, launch, develop, or distribute any automated system (including any spider, robot, cheat utility, scraper, or offline reader) that accesses the Services, or use any unauthorized script or software.
Purchasing Agent: Use a purchasing agent or procuring agent to make purchases on the Services on your behalf (if applicable).
Data Collection: Collect or harvest usernames, email addresses, or other contact information of users by electronic or other means for the purpose of sending unsolicited communications or creating user accounts by automated means or under false pretenses.
Competitive Use: Use the Services or Content as part of any effort to compete with us – for example, using the Services for your own commercial endeavors or revenue-generating activities without authorization.

Engaging in any of the above prohibited activities is a serious violation of these Terms and may result in suspension or termination of your rights to use the Services, as well as any other legal action we deem appropriate.

5. User Generated Contributions

At this time, our Services do not allow users to publicly post or submit their own content (for example, there may be no public forums, comment sections, or user profiles to post content). However, we may offer features in the future that allow you to create, submit, upload, or share content with us or on the Site (such content, "Contributions"). Contributions could include text, writings, feedback, images, comments, suggestions, personal information, or other material you choose to provide. Any Contributions you provide will be handled in accordance with our Privacy Policy.

If you do submit any Contributions, you agree that you are solely responsible for them and you represent and warrant that each of the following is true:

Original and Rights: You are the creator and owner of, or have all necessary licenses and permissions to use and share, your Contributions. This means you have the rights needed to grant us and other users of the Services the right to use your Contributions as described in these Terms.
No Infringement: Your Contributions do not infringe on any intellectual property or proprietary rights of any third party. (For example, your content does not violate someone else’s copyright, trademark, patent, trade secret, or moral rights.)
Consent for Individuals: If your Contribution identifies or depicts any other person (for example, in an image or by name), you have that person’s consent to include them and to allow us to use their name or likeness as part of your Contribution.
Truthfulness: Your Contributions are not false, misleading, or inaccurate.
No Spam or Unsolicited Ads: Your Contributions are not unauthorized advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
No Objectionable Content: Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous (written defamation), slanderous (spoken defamation), or otherwise objectionable. (We will determine what is considered "objectionable" content.)
No Abuse or Hate: Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. They are not used to harass or threaten another person (and do not promote violence against a specific person or group).
Legal Compliance: Your Contributions do not violate any applicable law, regulation, or rule. This includes laws regarding the protection of minors; for example, your content must not involve child exploitation or pornography, or otherwise harm the wellbeing of minors.
Privacy Rights: Your Contributions do not violate the privacy or publicity rights of any third party.
No Terms Violations: Your Contributions do not violate these Terms or link to material that would violate these Terms.

We reserve the right (but are not obligated) to remove or refuse any Contributions for any reason. If you violate this section or any other part of these Terms, we may terminate or suspend your rights to use the Services (in addition to any other remedies we have under the law or in equity).

6. Contribution License

By using our Services and submitting any information or content (including Contributions as described above), you give us certain permissions in order to operate our Services effectively:

Data Access and Use: You agree that we may access, store, process, and use any information and personal data that you provide to us, in accordance with our Privacy Policy and your privacy choices (including settings you may have on the Services).
Feedback: If you submit any suggestions, feedback, or ideas regarding the Services, you agree that we may use and share such feedback for any purpose without compensation or credit to you. (For example, if you suggest a new feature and we implement it, we are not obligated to pay you or acknowledge you.)
No Transfer of Ownership: Except for the rights you grant to us in these Terms, we do not claim any ownership over your Contributions. You retain full ownership of any content you create and submit, as well as any intellectual property rights or other proprietary rights associated with your Contributions.
Our Use of Contributions: By submitting or posting Contributions on or through our Services, you grant us the right to use, display, and otherwise process those Contributions as needed to provide the Services and as otherwise permitted by law. (For example, if you submit a comment or a testimonial for display, you allow us to display it on our Site.)
Your Responsibility: You acknowledge that you are solely responsible for any Contributions you provide. You agree that we are not liable for any statements or representations made in your Contributions, and you agree not to hold us responsible for any of your Contributions. You also agree not to bring any legal action against us in relation to your Contributions.

In summary, any content you provide remains yours, but we have your permission to use it to operate and improve our Services. You are responsible for your content, and we expect you to act responsibly and lawfully when providing any content to us.

7. Third-Party Websites and Content

Our Services may contain links to third-party websites, services, or content that we do not own or control. For example, the Site might include links to external websites, or display information, articles, or other content provided by third parties (collectively, "Third-Party Content").

Please note the following:

No Endorsement or Verification: We do not monitor, investigate, or guarantee the accuracy, validity, or completeness of Third-Party Content or any third-party websites linked through our Services. A link to or inclusion of third-party content does not imply approval or endorsement by us.
Not Our Responsibility: If you access third-party websites or content, you do so at your own risk. These Terms (and our Privacy Policy) no longer apply when you leave our Site. The third party’s terms and policies (including their privacy and data practices) will govern. We are not responsible or liable for any third-party content or websites – this includes any errors or omissions in the third-party content, or any damage, loss, or offenses caused or alleged to be caused by any third-party websites or content.
Transactions with Third Parties: Any dealings or transactions you conduct through a third-party website (for example, purchasing a product or service you saw advertised on our Site) are solely between you and that third party. We have no control over those transactions, and we assume no liability for any loss or damage arising from them. You agree that we are not responsible for any harm or losses resulting from your purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Use Caution: Whenever you leave our Site, we encourage you to review the applicable terms and policies of any third-party site you visit. Be cautious and use good judgment when interacting with any third-party services or content.

8. Services Management

We reserve certain rights to manage and protect the integrity of our Services. In particular, we reserve the right (but not the obligation) to:

Monitor for Violations: Monitor the Services for any violations of these Terms.
Legal Action: Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms. This may include reporting such activities or content to law enforcement authorities.
Access Control: In our sole discretion and without notice, refuse, restrict, or terminate your access to the Services (including blocking certain IP addresses) for any reason, including (but not limited to) any breach of these Terms or any applicable law.
Remove Contributions: In our sole discretion and without notice, remove or disable any user Contributions or other content that we determine (a) violate these Terms, (b) are excessive in size, or (c) are burdensome to our systems.
Manage the Platform: Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. We may, for example, implement measures to prevent unauthorized access or use of the Services and ensure the Services run smoothly.

9. Privacy Policy

We care about your privacy and the security of your personal information. Please review our Privacy Policy (available at https://www.brainwaveclinic.ca/privacy-policy), which is incorporated into these Terms by this reference. By using the Services, you agree to our Privacy Policy.

Keep in mind that our Services may be operated using servers and service providers located in Canada, the United States, and Europe. If you are accessing the Services from outside of these regions, be aware that your information may be transferred to, stored in, and processed in Canada, the United States, and/or Europe. By using the Services, you consent to these transfers and acknowledge that data protection laws in these locations may differ from those in your jurisdiction.

If applicable law requires additional safeguards for cross-border transfers, we will use commercially reasonable measures intended to provide an appropriate level of protection for personal information when it is processed outside your jurisdiction.

10. Term and Termination

These Terms remain in full effect while you use our Services. We reserve the right to terminate or suspend your access at any time, for any reason, and without prior notice. This means that, at our discretion, we can deny anyone access to the Services (including blocking specific IP addresses) if they violate these Terms or for any other reason, including no reason at all.

If we terminate or suspend your account or access due to your violation of these Terms (or for suspicion of any inappropriate or illegal activity):

No Account Re-creation: You are prohibited from creating a new account to access the Services under your name, a fake or borrowed name, or the name of any third party. (In plain terms, do not try to circumvent a ban by creating a new account.)
Further Actions: In addition to disabling or terminating your access, we reserve the right to take appropriate legal action, including pursuing civil, criminal, or injunctive remedies against you if warranted.

Our decision to terminate or suspend your access can happen without notice, and we will not be liable to you for any such action. If you believe your account was terminated in error, you may contact us, but we are not obligated to provide restoration of Services.

11. Modifications and Interruptions

We are continuously improving and updating our Services. As such, you acknowledge and agree that:

Changes to Services: We reserve the right to change, modify, update, or remove the contents or functionality of the Services at any time, for any reason, and without notice. We also reserve the right to modify or discontinue all or part of the Services. (For example, we may stop offering a particular feature or service.)
No Obligation to Update: We have no obligation to update any information on our Services, even if that information becomes out of date.
Service Availability: We cannot guarantee that our Services will be available at all times. You may experience downtime, slow performance, or errors for reasons including, but not limited to: technical issues, hardware or software failures, maintenance or repairs, or things beyond our control (such as power outages or network failures).
No Liability for Downtime: You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
No Obligation to Maintain: Nothing in these Terms obligates us to maintain and support the Services or to provide any specific updates, releases, or corrections. We may, at our discretion, provide updates or support, but this is not guaranteed.
Notice: While we may provide notice of changes or interruptions when possible, we are not required to do so. All changes are effective immediately when we make them.

In summary, the Services are provided as-is, and their availability and features may change over time without liability on our part.

12. Governing Law

These Terms and your use of the Services are governed by the laws of Canada, without regard to its conflict of law principles. If you are accessing the Services from outside Canada, other laws may apply to your use of the Services; however, to the extent possible, the laws of Canada will govern any disputes arising out of or relating to these Terms or the Services.

You agree that any dispute, claim, or controversy between you and the Company that arises in whole or in part from the Services or these Terms shall be decided exclusively by the courts of Canada, except as otherwise agreed by the parties or as described in the "Dispute Resolution" section below (if arbitration is elected). By agreeing to these Terms, you consent to the personal jurisdiction of these courts for the purpose of resolving any such disputes.

13. Dispute Resolution

We want to address any concerns or disputes quickly and fairly. To that end, please read this Dispute Resolution section carefully. It outlines how disputes will be handled, including requirements for informal negotiations and binding arbitration for most disputes, waivers of certain rights (such as class actions), and exceptions where you or we can go to court.

Informal Negotiations

Before initiating any formal dispute resolution process (like arbitration or litigation), you agree to first try to resolve the dispute informally. To start an informal negotiation, one party must send written notice to the other party describing the dispute and including relevant facts. Both you and we agree to negotiate in good faith to resolve the dispute. We will have 30 days from the date the notice is received to attempt to reach a resolution through informal negotiation. If the dispute is not resolved within those 30 days, either party may then proceed to the next steps described below.

Binding Arbitration

For any dispute arising out of or related to these Terms or the use of our Services that cannot be resolved informally, binding arbitration will be the primary means of resolution. This means the dispute will be submitted to a neutral arbitrator (or a panel of arbitrators) instead of going to court, and the arbitrator’s decision will be final except for a limited right of review under the law.

Arbitration Procedure: Disputes will be referred to and finally resolved by arbitration administered by the International Commercial Arbitration Court under the European Arbitration Chamber (located in Brussels, Belgium). The arbitration will be conducted in accordance with the ICAC’s rules. Key points about the arbitration:

The arbitration tribunal will consist of three (3) arbitrators.
The seat of arbitration (legal place of arbitration) will be Winnipeg, Canada.
The language of the arbitration proceedings will be English.
The governing law of these Terms (the law to be applied by the arbitrators) will be the substantive law of Canada.

Arbitration is intended to be a quicker and more efficient way to resolve disputes. By agreeing to arbitration, you and we are waiving the right to a trial in court and to have a judge or jury decide the dispute. The arbitrators have the authority to award any relief that a court could, including injunctive or declaratory relief and damages.

Restrictions on Arbitration

Individual Basis Only: You and the Company agree that any arbitration shall be conducted only on an individual basis and not as a class, consolidated, or representative action. This means:

No Consolidation: A dispute you have with us cannot be combined with any other person’s dispute for a joint proceeding.
No Class Actions: You do not have the right to have a dispute arbitrated as a class action or to participate in a class action or representative proceeding against us. The arbitrator may only resolve disputes between you and us on an individual basis.
Representative Capacity: Disputes must not be brought in any purported representative capacity on behalf of the public or other persons.

These restrictions on arbitration are intended to ensure that dispute resolution is personal and between you and us only.

Exceptions to Informal Negotiations and Arbitration

While we expect most issues can be resolved through informal negotiation or arbitration, some types of disputes will not be subject to the above requirements. Specifically, either you or we are free at any time to bring the following matters before a court of competent jurisdiction:

Intellectual Property Claims: Any dispute or claim seeking to enforce, protect, or concerning the validity of a party’s intellectual property rights. (For example, if you infringe our trademarks or we use content in a way you claim infringes your copyrights, such disputes can be brought to court.)
Certain Allegations: Any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use of the Services or content.
Injunctive Relief: Any claim for injunctive relief. Injunctive relief means asking a court to order someone to stop doing something (or to do something) immediately, and such claims can be made without going through arbitration.

If this arbitration agreement is found to be illegal or unenforceable for a specific part of a dispute (for example, if a court says that a particular claim cannot be arbitrated), then that part of the dispute shall be resolved by a court of competent jurisdiction, and the parties agree to submit to the personal jurisdiction of that court. In such a case, the dispute will be decided under the jurisdiction outlined in the Governing Law section above (the courts of Canada), and the remainder of the arbitration agreement will still apply to any other disputes that are arbitrable.

14. Corrections

While we strive to provide accurate and up-to-date information on our Services, there may occasionally be errors or omissions. This could include typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice. We also reserve the right to cancel or refuse any action (such as an appointment booking or service purchase, if applicable) if any information on the Services was inaccurate at the time of the transaction.

15. Disclaimer

Medical and General Information Disclaimer

The content available on our Services, including any medical or health-related information, is provided for general informational purposes only. It is not medical advice. The Services are not intended to diagnose, treat, cure, or prevent any medical condition, nor should anything on our Site be considered a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider for advice about a medical condition or health objectives. Never disregard professional medical advice or delay seeking it because of something you have read on our Site.

Service Provided “As-Is”

You understand and agree that your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use of them. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no guarantees or promises about the accuracy, reliability, or completeness of the content on the Services or any content of any websites linked to the Services.

Specifically, we do not warrant or guarantee:

Accuracy of Content: That the content on our Services is accurate, complete, or up-to-date. There may be information that is incorrect or becomes outdated.
Availability: That the Services will be available at any particular time or location, or that they will be uninterrupted or error-free.
Security: That any defects or errors will be corrected, or that the Services are free of viruses or other harmful components.
Outcomes: Any specific results from the use of the Services. (For example, we do not promise that using our Services will improve your health or guarantee any outcomes from any treatments discussed on the Site.)

You agree that we have no liability whatsoever for any of the following:

Errors or Inaccuracies: Errors, mistakes, or inaccuracies of content and materials on the Services.
Personal Injury or Property Damage: Personal injury or property damage of any nature resulting from your access to or use of the Services. (For instance, if you rely on information on our Site and suffer harm, we are not liable.)
Unauthorized Access: Any unauthorized access to or use of our servers and/or any personal information or financial information stored therein.
Service Interruptions: Any interruption or cessation of transmission to or from the Services (e.g., network outages or system failures).
Malicious Code: Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Services by any third party.
Errors/Omissions: Any errors or omissions in any content or materials, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

Third-Party Offerings: Any product or service advertised or offered by a third party through the Services (for example, banner ads or sponsored links), or any website that the Services link to, is not endorsed, guaranteed, or monitored by us. If you purchase a product or service from a third party via our Site or find a link on our Site to a third-party website, you do so at your own risk. We will not be a party to, and are not in any way responsible for, monitoring any transaction between you and third-party providers of products or services. As with any purchase or service in any environment, you should use your best judgment and exercise caution where appropriate.

In summary, we provide our Services to you as-is. While we strive to provide valuable information and keep our Services secure and functional, we make no guarantees, and we explicitly disclaim any responsibility for how you use our Services or any outcomes of your use.

16. Limitation of Liability

To the fullest extent permitted by law, in no event will we (or our directors, employees, or agents) be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from or related to your use of (or inability to use) the Services. This limitation applies even if we have been advised of the possibility of such damages. Some examples of damages that are excluded include: damages for lost business, lost savings, business interruption, loss of business information, or any other pecuniary loss.

Furthermore, under no circumstances will our total liability to you for all claims arising out of or relating to these Terms or the Services exceed $1,000 CAD. This cap on liability applies no matter how many claims you might bring or the theory of liability (contract, tort, negligence, strict liability, or otherwise).

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. For example, certain laws (including some consumer protection laws in various jurisdictions) might give you rights that cannot be waived or limited. If those laws apply to you, some of the above limitations may not apply to you. In such a case, the liability of the Company and its affiliates, employees, and agents will be limited to the greatest extent permitted by law.

By using the Services, you acknowledge and agree to these limitations on liability. This section allocates risk between you and us as part of our bargain, and the pricing (if any) of Services reflects this allocation of risk and the limitations of liability specified.

17. Indemnification

You agree that if a third party makes a claim against us because of your actions, you will defend and indemnify us for any losses. In legal terms, you agree to indemnify, defend, and hold harmless Dr. Mandana Modirrousta Medical Corporation (BrainWave Clinic) and our subsidiaries, affiliates, officers, agents, partners, employees, and representatives from and against any and all losses, damages, liabilities, claims, or demands (including reasonable attorneys’ fees and expenses) arising out of or related to:

Your Use of the Services: Anything you do using our Services, including any data or content you submit or transmit through the Services.
Your Violation of These Terms: Your breach of any provision of these Terms.
Your Breach of Representations/Warranties: Any breach of your representations and warranties set forth in these Terms (for example, if you provided a false warranty that your content doesn't infringe others' rights, and it turns out it does).
Violation of Rights: Your violation of any third-party right, including, without limitation, any intellectual property right or privacy right of a third party.
Harmful Act: Your intentional misconduct or gross negligence, or any overt harmful act toward any other user of the Services with whom you connected via the Services.

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. If we do so, you agree to cooperate at your expense with our defense of such claims. We will make a reasonable effort to inform you of any such claim or proceeding upon becoming aware of it.

This indemnity means that you will cover any costs, losses, or damages (including legal fees) that we incur as a result of your actions or your use of the Services in violation of these Terms. You agree to fully reimburse us for such amounts upon our request.

18. User Data

We maintain certain data about you and your usage of the Services in order to operate the Services smoothly. This includes data you provide to the Services, as well as data that may be collected automatically (such as usage statistics). Although we perform regular backups of data, you are solely responsible for any data that you transmit to or that relates to any activity you have undertaken using our Services.

No Liability for Data Loss: You agree that we shall not be liable to you for any loss or corruption of any such data. You should keep your own backup copies of any important information that you submit to the Services. By using the Services, you waive any right to bring claims against us arising from the loss, corruption, or inability to access any data.

In short, while we take reasonable measures to protect and back up data, we cannot guarantee that there will never be data loss. It is always good practice for you to keep backups of your own data and not rely solely on our Services for preservation of information.

19. Electronic Communications, Transactions, and Signatures

Electronic Communications: When you use the Services, or send emails to us, or fill out forms on the Site, you are communicating with us electronically. You consent to receive communications from us electronically (for example, via email or through notices on our Site). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (via email or on the Site) satisfy any legal requirement that such communications be in writing.

Electronic Signatures and Records: You agree to the use of electronic signatures, electronic contracts, and other records in place of handwritten signatures and physical documents. This means you agree that any agreements, forms, or other interactions you enter into electronically have the same force and effect as if you signed them on paper. You also agree to receive all disclosures and communications from us electronically, such as through email or our website.

By using our Services and agreeing to these Terms, you waive any rights or requirements under any laws or regulations in any jurisdiction that require:

An original (non-electronic) signature or delivery or retention of non-electronic records; or
Payments or the granting of credits by any means other than electronic.

This section ensures that our interactions with you can be conducted electronically, and that those electronic communications and agreements are legally valid and enforceable.

20. Miscellaneous

Entire Agreement: These Terms and any policies or operating rules posted by us on the Services (or provided to you in connection with the Services, such as our Privacy Policy) constitute the entire agreement between you and us regarding your use of the Services. It supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us regarding the Services.

No Waiver: Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision. In other words, if we do not immediately take action on a violation of these Terms, it does not mean we are giving up any rights or that we cannot enforce that provision later.

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, then that provision will be deemed severable from these Terms. The invalidity of one part of these Terms does not affect the validity and enforceability of the remaining provisions, which will remain in full force and effect.

Assignment: We may assign our rights and obligations under these Terms to another party at any time (for example, if we sell our business or engage subcontractors to assist in providing the Services). You may not assign or transfer your rights and obligations under these Terms without our prior written consent. These Terms will be binding upon and inure to the benefit of the parties and their permitted successors or assigns.

Force Majeure: We will not be liable or responsible for any delay or failure to perform any obligation under these Terms if such delay or failure is due to causes beyond our reasonable control. This includes events like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

No Agency Relationship: Nothing in these Terms (or your use of the Services) will be construed to create a partnership, joint venture, franchise, or agency relationship between you and us. Neither party has the authority to act as an agent or representative of the other, nor to bind the other to any obligation, and neither party will represent otherwise.

Construction: These Terms shall not be construed against the party that drafted them. In other words, even though we have provided these Terms, you and we agree that no presumption or burden of proof will arise favoring or disfavoring either of us because of the authorship of these Terms. You have had the opportunity to review these Terms and to seek legal advice if you wish, before agreeing to them.

Electronic Form: You agree that these Terms will not be denied validity or enforceability because they are provided in electronic form. You hereby waive any defenses you may have based on the electronic form of these Terms and the lack of physical signing by the parties hereto.

21. Contact Us

If you have any questions, concerns, or comments about these Terms or the Services, or if you need to resolve an issue or receive further information, please contact us using the information below:

Dr. Mandana Modirrousta Medical Corporation (BrainWave Clinic)
Address: 400 Tache Ave, Unit 700, Winnipeg, Manitoba R2H 3C3, Canada
Phone: +1 (204) 414-0077
Fax: +1 (204) 417-5266
Email: info@brainwaveclinic.ca

We value your feedback and inquiries. We will make efforts to respond to your communication in a timely manner and assist in resolving any concerns.

Thank you for reading our Terms and Conditions. By using our Services, you acknowledge that you understand and agree to these Terms. We appreciate your trust in BrainWave Clinic and look forward to serving you.