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Terms of Use

Effective Date: April 14, 2024

Welcome to Dual N-Back! These Terms of Use ("Terms") govern your access to and use of the Dual N-Back web application, website (dualnback.com), and associated services (collectively, the "Service") provided by Dual N-Back, LLC ("we," "us," or "our").

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

1. Service Description

The Service, accessible via dualnback.com, offers a platform for users to engage in dual n-back brain training exercises designed to potentially enhance working memory and focus. It features adaptive difficulty scaling for progressive challenge, tools for performance analysis and tracking (including d-prime), a personal journal feature, and optional social interaction through friend lists and leaderboards.

2. Eligibility and Age Requirement

This Service is intended for users who are at least thirteen (13) years of age or older. By creating an account or using the Service, you represent and warrant that you are at least 13 years old.

The Service is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are under 13, you may not use the Service.

If you are between the ages of 13 and the age of legal majority in your jurisdiction, you affirm that you have reviewed these Terms with your parent or legal guardian, and they agree to these Terms on your behalf and take full responsibility for your compliance with them.

3. User Accounts

  • Account Creation: To access most features of the Service, you must register for an account using your email address and a password, or by using Google Sign-In.
  • Account Responsibility: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree not to disclose your password to any third party. You must notify us immediately at support@dualnback.com upon becoming aware of any breach of security or unauthorized use of your account.
  • Account Information Accuracy: You agree to provide us with accurate, complete, and current registration information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
  • Usernames: Usernames must be between 3 and 25 characters and may only contain letters, numbers, underscores (_), and dashes (-). You may not use a username that is offensive, misleading, infringes on any third party's rights, or impersonates another person. We reserve the right to require you to change your username or remove it if we deem it offensive, misleading, infringing on trademarks, or otherwise inappropriate in our sole discretion. Username changes are typically not allowed; however, exceptions may be granted at our discretion under certain circumstances (e.g., harassment, privacy concerns). Usernames are visible to other users in features like friend lists, leaderboards, and shared content.

4. Acceptable Use and User Conduct

You agree not to misuse the Service or help anyone else do so. You agree not to engage in any of the following prohibited activities:

  • Probing, scanning, or testing the vulnerability of any system or network associated with the Service.
  • Breaching or otherwise circumventing any security or authentication measures.
  • Accessing, tampering with, or using non-public areas of the Service, shared areas of the Service you have not been invited to, or our computer systems.
  • Interfering with or disrupting any user, host, or network (e.g., by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services).
  • Attempting to disrupt or compromise the service integrity or security (hacking, injecting code).
  • Using automated means (bots, scrapers, spiders) to access the service for any purpose without our express written permission.
  • Creating accounts with false information or impersonating others.
  • Using offensive or inappropriate usernames.
  • Posting, uploading, sharing, or storing content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Violating the intellectual property rights or other rights of third parties.
  • Using the service for any illegal purpose or in violation of any local, state, national, or international law.
  • Reverse-engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Service.
  • Manipulating, cheating, or fraudulently affecting scores, statistics, leaderboards, or rankings.

5. User-Generated Content (Journal, Replays)

  • Ownership: You retain ownership of any intellectual property rights that you hold in the content you submit to your personal journal or generate through your use of the Service (e.g., session replays) ("User Content").
  • License Grant: By submitting, posting, or sharing User Content on or through the Service, you grant Dual N-Back, LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, analyze, create derivative works, publish (only as explicitly shared by you or in aggregated/anonymized form), publicly perform, publicly display (only to you or as explicitly shared by you), and distribute such content. This license is granted solely for the limited purpose of operating, providing, developing, promoting, and improving the Service, researching and developing new ones, and enabling sharing features you choose to use. This license continues even if you stop using our Service, primarily for analytical purposes on aggregated or anonymized data, and to maintain access for those you shared content with (unless you revoke sharing or delete the content, subject to system limitations).
  • Access to Journal Content: You acknowledge that the journal feature can be used to track your progress, thoughts, and strategies related to your Dual N-Back training. You understand and agree that Dual N-Back, LLC may access and analyze the content of journal entries (typically in an aggregated or anonymized manner) for purposes such as understanding user trends, identifying common strategies or difficulties, improving the Service's features, and conducting research related to cognitive training. We will also access entries as necessary for technical support requested by you, investigating potential Terms violations, or as required by law. We will not use individually identifiable journal content for targeted advertising unless specifically related to features you opt into. (See our Privacy Policy for more details).
  • Responsibility for Sharing: You are solely responsible for the User Content (journal entries, replays, etc.) you choose to share, either publicly or with specific friends. When you share content, you grant the recipients (the public or selected friends) the right to view that content. Be mindful of the information you share. Dual N-Back, LLC is not responsible for how others use the content you choose to share. You can manage sharing settings for your content where such features are provided.
  • Content Restrictions: You agree not to store or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that violates the Acceptable Use provisions in Section 4. You also agree not to store or share highly sensitive personal information unrelated to your training experience. You are solely responsible for the User Content you create and share. We reserve the right, but have no obligation, to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

6. Intellectual Property Rights

  • Our IP: The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Dual N-Back, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the State of Delaware, United States and foreign countries. Our trademarks, logo (Dual N-Back), and trade dress may not be used in connection with any product or service without the prior written consent of Dual N-Back, LLC.
  • Your License to Use the Service: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms for your personal, non-commercial use.
  • Feedback: Any feedback, comments, bug reports, ideas, or suggestions you provide regarding the Service ("Feedback") is entirely voluntary. You agree that we are free to use such Feedback in any way we choose without any obligation, compensation, or attribution to you.

7. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy carefully to understand our practices regarding your personal information: https://dualnback.com/privacy

8. Disclaimers and Limitation of Liability

  • NO MEDICAL ADVICE: The Service provides cognitive training exercises for informational and entertainment purposes only. It is not intended to be, and should not be considered as, medical advice, diagnosis, or treatment for any condition, including brain injuries, cognitive disorders, ADHD, or any other health condition. 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 or experienced on the Service.
  • NO GUARANTEE OF RESULTS / DISCLAIMER OF WARRANTIES: Dual N-Back, LLC makes no warranty or representation and provides no guarantee that use of the Service will result in any specific cognitive improvement, enhanced focus, memory gains, or other health or performance benefits. Any perceived benefits are subjective and may vary significantly between individuals. The Service is intended for cognitive exercise and entertainment purposes only and is not a substitute for professional medical or psychological advice, diagnosis, or treatment. We explicitly disclaim any warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will improve cognitive function, prevent cognitive decline, or be suitable for individuals with specific health conditions, including neurological or psychological disorders.
  • SERVICE PROVIDED "AS IS": The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind. Your use of the Service is at your sole risk. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
  • ASSUMPTION OF RISK: You acknowledge and agree that engaging in cognitive exercises, like any mental activity, may cause fatigue or strain. You voluntarily assume all risks associated with your use of the Service.
  • LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUAL N-BACK, LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Termination

  • Termination by You: You may terminate your account and cease using the Service at any time. Account deletion options may be available within your account settings page, or you may request deletion by contacting us at support@dualnback.com. Upon account deletion, we will generally remove personal identifiers from your data within a reasonable timeframe, except where retention is required by law or necessary for aggregated/anonymized analysis as described in our Privacy Policy. Please refer to our Privacy Policy for more details on data handling upon account termination.
  • Termination by Us: We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. We may also suspend or terminate accounts that are inactive for an extended period (e.g., 12 months). We also reserve the right to discontinue the Service or any part thereof at any time.

10. Modifications

  • Changes to the Service: We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
  • Changes to Terms: We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on this page (dualnback.com/terms) or within the Service. We will notify you of significant changes, for example via a notice on the website or, if you have provided an email address, potentially via email. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

11. Payment Terms

  • Subscription Plans: Access to certain features of the Service requires a paid subscription. We offer both monthly and annual subscription options. Details about the specific features included in each plan, pricing, and billing cycles are available on our pricing page or during the account upgrade process.
  • Billing and Renewal: Your subscription will automatically renew at the end of each billing period (monthly or annually, depending on your selection) unless you cancel before the renewal date. You authorize us to charge your selected payment method for each renewal term until cancellation.
  • Cancellation: You may cancel your subscription at any time from your account settings. Your subscription will remain active until the end of the current billing cycle, after which access to premium features will be discontinued. We do not provide refunds for partial periods unless required by law.
  • Free Trials and Promotions: We may offer limited-time free trials or promotional discounts. If you receive a free trial, you will not be charged until the trial period ends, unless you cancel beforehand. Details of any promotion will be provided at the time of the offer.
  • Changes to Fees: We reserve the right to change subscription fees or introduce new charges with advance notice. Any changes will apply to future billing periods and will not affect the current term of your active subscription.
  • Taxes: You are responsible for paying any applicable taxes related to your subscription, which may be added to your charges depending on your billing location.
  • Payment Processing: All payment processing is handled securely by our third-party payment processor. By subscribing, you agree to abide by the terms and conditions of the payment processor in addition to our Terms.

12. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
  • Dispute Resolution: PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    • Informal Resolution: You agree to first attempt to resolve any dispute arising out of or relating to these Terms or the Service informally by contacting us at support@dualnback.com. We will try to resolve the dispute informally via email.
    • Binding Arbitration: If the dispute is not resolved informally within sixty (60) days after you submit notice of the dispute, you and Dual N-Back, LLC agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth under "Exceptions to Agreement to Arbitrate" below. The arbitration will be conducted by a single arbitrator from a reputable arbitration provider (such as the American Arbitration Association - "AAA") chosen by mutual agreement, or by the provider's rules if agreement cannot be reached. The arbitration may be conducted online, based on written submissions, or at a mutually agreed location. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    • Exceptions to Agreement to Arbitrate: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware to resolve your claim.
    • NO CLASS ACTIONS: YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

13. Miscellaneous

  • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Dual N-Back, LLC regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
  • No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If we waive any breach of these Terms, it does not mean we will waive any other breach or any future breaches.
  • Contact Us: If you have any questions about these Terms, please contact us at support@dualnback.com.