Terms of service

Overview

Welcome to Brainlume. This website and online store are operated by BRAINLUME (HK) LIMITED (the “Company”) under the Brainlume brand and trademark. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to the Company. “Brainlume” refers to the brand, trademark, website, products, and services operated or provided by the Company, as applicable.

This website, online store, and all related information, content, features, tools, products, and services are collectively referred to as the “Service.”

These terms and conditions, together with any policies referenced herein, including our Refund Policy, Shipping Policy, and Privacy Policy, are collectively referred to as the “Terms of Service” or “Terms.” These Terms describe your rights and responsibilities when accessing or using the Service or purchasing products from us.

Please read these Terms carefully. They contain important information about your legal rights, including disclaimers, limitations of liability, and provisions governing disputes.

By accessing, interacting with, or using the Service, or by placing an order through our online store, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Service or place an order.

Section 1 – Eligibility, Account Access, and Responsibilities

By placing an order through the Service, you confirm that you have reached the age of legal majority in your state, province, or country of residence and have the legal capacity to enter into a binding agreement.

Certain features of the Service may require you to provide information such as your name, email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide is accurate, complete, current, and that you have the necessary right and authority to provide it.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account. You agree to notify us promptly if you become aware of any unauthorized access to or use of your account.

You may not sell, transfer, assign, or otherwise provide your account to another person without our prior written permission.

Section 2 – Our Products

We make reasonable efforts to present our products and services accurately in the online store. However, product colors and appearance may vary slightly depending on your screen, device type, display settings, lighting conditions, or other technical factors.

Products will materially conform to the descriptions presented at the time your order is accepted. We may make non-material changes to packaging, appearance, or product presentation, provided that such changes do not materially reduce the product’s essential characteristics or functionality.

Product availability, specifications, descriptions, pricing, and packaging may be updated before an order is accepted. We reserve the right to discontinue a product or limit the quantities available to any person, household, geographic region, or jurisdiction, subject to applicable law.

Individual experiences with Brainlume products may vary. Nothing in the Service should be interpreted as a guarantee that every customer will experience the same results.

Section 3 – Orders

By placing an order, you are making an offer to purchase products from the Company under these Terms.

We may accept, limit, or reject an order for legitimate reasons, including product availability, suspected fraud, payment authorization issues, pricing or description errors, shipping restrictions, or legal and regulatory requirements.

An order is considered accepted when we send you an order confirmation or shipping confirmation indicating that the order has been accepted. An automated acknowledgment that we have received your order does not necessarily constitute acceptance.

Payment authorization or collection may occur before an order is accepted. If we reject or cancel an order after payment has been received, we will refund the amount paid for the cancelled order to the original payment method.

Please review your order carefully before submitting it. Cancellation requests are handled in accordance with our Refund Policy.

If we need to contact you regarding your order, we will use the email address, telephone number, billing address, or shipping address provided at checkout.

Purchases made through the online store may not be used for unauthorized commercial resale. Please contact us separately if you are interested in an authorized retail, distribution, professional, or commercial partnership.

Section 4 – Pricing, Taxes, and Billing

Prices, discounts, and promotions may change without notice. The price charged for a product will be the price displayed at checkout when you place your order, subject to correction of genuine errors before the order is accepted.

The applicable currency, product price, shipping charges, and taxes collected by us will be displayed before you complete your purchase. Customs duties, import taxes, VAT, brokerage fees, or other charges imposed by the destination country may apply to international orders. Unless otherwise stated at checkout, such charges are not included in the purchase price and are the customer’s responsibility.

If we discover a material pricing error after you place an order, we will contact you and provide the option to confirm the order at the correct price or cancel the order for a full refund.

Promotional offers may be subject to separate terms and conditions. If promotional terms conflict with these Terms regarding that promotion, the specific promotional terms will apply, subject to applicable law.

You agree to provide accurate, complete, and current purchase, payment, billing, and account information. You represent and warrant that you are authorized to use the payment method submitted with your order.

Payments may be processed by Shopify or other third-party payment service providers. Your use of a third-party payment service may also be subject to that provider’s terms and privacy practices.

Section 5 – Shipping and Delivery

Orders are processed, shipped, and delivered in accordance with our Shipping Policy.

Processing and delivery timeframes are estimates unless expressly stated otherwise. Delivery may be affected by customs clearance, carrier delays, weather, holidays, address problems, or other circumstances outside our reasonable control.

If we are unable to ship your order within a timeframe we have promised or within a timeframe required by applicable law, we will notify you and provide the options required by applicable law, which may include accepting the delay or cancelling the affected order for a refund.

You are responsible for providing a complete and accurate shipping address. Please contact us as soon as possible if you discover an address error. We cannot guarantee that an address can be changed after an order has been processed or shipped.

Unless otherwise provided by applicable law, risk of loss or damage transfers to you when you, or a third party designated by you other than the carrier, takes physical possession of the product. If you independently arrange a carrier that was not offered by us, risk may transfer when the product is delivered to that carrier.

Ownership of a product transfers to you upon full payment and delivery, subject to applicable law.

If your order is significantly delayed, lost, damaged, or delivered incorrectly, please contact us promptly at support@brainlumepbm.com. We will investigate the issue and provide an appropriate resolution in accordance with our Shipping Policy, Refund Policy, and applicable law.

Section 6 – Intellectual Property

The Service, including its trademarks, branding, text, displays, images, graphics, videos, audio, software, designs, selections, arrangements, and other content, is owned by or licensed to the Company and is protected by applicable patent, trademark, copyright, and other intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for personal and lawful purposes.

Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, license, or transmit any part of the Service, except where such activity is expressly permitted by law.

Nothing in these Terms grants you any ownership interest, license, or other right in any patent, trademark, copyright, trade secret, or other intellectual property belonging to the Company, Shopify, or any third party, except for the limited right to use the Service as expressly stated in these Terms.

The Brainlume name, logo, product names, designs, slogans, and related brand elements are trademarks owned by or licensed to the Company. You may not use them without our prior written permission.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. Other names, logos, product names, service names, designs, and slogans appearing through the Service belong to their respective owners.

Customer reviews, feedback, photographs, videos, or other user-submitted content remain subject to the rights and licenses described in Section 11.

Section 7 – Optional and Third-Party Tools

The Service may provide access to optional tools, applications, integrations, or features made available by third parties.

We do not necessarily monitor or control these third-party tools. To the maximum extent permitted by law, optional third-party tools are provided “as is” and “as available,” without representations, warranties, or endorsements from us.

Your use of optional third-party tools is at your own discretion and risk. You are responsible for reviewing and accepting the applicable third party’s terms and privacy practices before using those tools.

We may introduce new tools, resources, or features through the Service from time to time. Unless separate terms are provided, those features will form part of the Service and will be subject to these Terms.

Section 8 – Third-Party Links and Services

The Service may contain links to third-party websites, services, resources, or embedded content. These links are provided for convenience and do not necessarily imply our endorsement of the third party.

We do not control and are not responsible for the accuracy, availability, content, security, products, services, or privacy practices of third-party websites or services.

If you access a third-party website or purchase a product or service directly from a third party, you do so subject to that third party’s terms and policies. Questions or claims relating exclusively to a third-party product or service should be directed to that third party.

Nothing in this Section limits any rights you may have against us in relation to products purchased directly from our online store.

Section 9 – Relationship with Shopify

The Service is hosted and supported by Shopify technology, which provides the e-commerce platform that enables us to operate our online store.

All purchases of Brainlume products through our online store are made directly between you and the Company. Shopify is not the seller, manufacturer, distributor, or warrantor of Brainlume products.

To the maximum extent permitted by law, Shopify and its affiliates are not responsible for claims, losses, injuries, or damages arising solely from a transaction between you and the Company.

Nothing in this Section excludes or limits any liability that cannot lawfully be excluded or limited.

Section 10 – Privacy

Our collection, use, storage, disclosure, and protection of personal information are described in our Privacy Policy.

Because the Service is hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Service. Certain information may also be subject to Shopify’s Privacy Policy.

Information submitted through the Service may be processed or transferred outside your country or region of residence by us, Shopify, payment processors, shipping providers, or other service providers, as further explained in our Privacy Policy.

Please review the applicable privacy policies carefully before using the Service or submitting personal information.

Section 11 – Feedback and User-Submitted Content

If you submit, post, upload, transmit, or otherwise provide reviews, photographs, videos, testimonials, ideas, suggestions, comments, proposals, or other content through or in connection with the Service (collectively, “Feedback”), you grant the Company a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise use that Feedback for operating, improving, and promoting the Service and Brainlume products.

This license applies only to the extent permitted by applicable law and is subject to our Privacy Policy where the Feedback contains personal information.

You represent and warrant that:

  1. You own the Feedback or have all rights and permissions necessary to submit it and grant the license described above;
  2. The Feedback does not infringe any intellectual property, privacy, publicity, contractual, or other rights of any third party;
  3. You have disclosed any compensation, free products, discounts, rewards, or other incentives received in connection with the Feedback where disclosure is required;
  4. The Feedback is accurate and reflects your honest experience or opinion; and
  5. The Feedback complies with these Terms and applicable law.

Unless otherwise agreed in writing, we are not required to:

  1. Keep Feedback confidential;
  2. Pay compensation for Feedback; or
  3. Respond to Feedback.

We may monitor, edit, decline to publish, or remove Feedback that we reasonably believe is unlawful, misleading, defamatory, obscene, abusive, infringing, fraudulent, or otherwise inconsistent with these Terms.

You may not submit Feedback using a false identity, impersonate another person, or include malicious code or content. You remain responsible for the Feedback you submit.

Section 12 – Errors, Inaccuracies, and Omissions

The Service may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, or product availability.

We reserve the right to correct genuine errors and update information. If a material error affects an order that has already been placed, we will contact you and provide the option to confirm the corrected order or cancel the affected order.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled order to the original payment method.

Nothing in this Section limits your right to receive accurate material information before making a purchase or any other rights provided by applicable law.

Section 13 – Prohibited Uses

You may access and use the Service only for lawful purposes. You may not directly or indirectly:

  • Use the Service for any unlawful, fraudulent, deceptive, or malicious purpose;
  • Violate any applicable international, national, federal, state, provincial, or local law or regulation;
  • Infringe the intellectual property or other rights of the Company, Brainlume, Shopify, or any third party;
  • Harass, abuse, defame, threaten, intimidate, or harm any person;
  • Submit or transmit false, deceptive, or misleading information;
  • Upload or transmit content that violates these Terms;
  • Send unsolicited advertising, spam, chain letters, or other unauthorized solicitations;
  • Impersonate another person, company, or organization;
  • Upload or transmit viruses, malware, or other harmful code;
  • Reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of the Service without permission;
  • Collect or track personal information about other people without authorization;
  • Engage in phishing, pharming, scraping, crawling, or other unauthorized data collection;
  • Attempt to bypass, disable, interfere with, or compromise the security or operation of the Service; or
  • Engage in conduct that restricts another person’s use of the Service or exposes the Company, Shopify, or other users to liability.

We may suspend, restrict, or terminate access to the Service if we reasonably believe you have violated these Terms or applicable law.

Section 14 – Suspension and Termination

We may suspend or terminate your account or access to all or part of the Service if:

  1. You materially violate these Terms;
  2. Your use of the Service is unlawful, fraudulent, abusive, or creates a security risk;
  3. Suspension or termination is required by law or by a competent authority; or
  4. Continuing to provide access is no longer reasonably practicable.

Where reasonably practicable, we will provide notice before suspension or termination. We may act without prior notice where immediate action is reasonably necessary to prevent fraud, harm, legal violations, or security risks.

Termination of your access does not affect rights and obligations that arose before termination. It will not automatically cancel an order that we have already accepted or limit any refund, warranty, or consumer rights provided by applicable law.

You remain responsible for valid amounts owed before termination.

The provisions concerning Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law, and any other provisions that by their nature should survive will remain in effect after termination.

Section 15 – Product Use, Safety, and Disclaimers

Content provided through the Service is intended for general informational and educational purposes. Information about photobiomodulation, near-infrared light, brain wellness, research, or user experiences does not constitute medical advice, diagnosis, or treatment.

Brainlume is designed for general wellness use and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Individual experiences vary, and we do not guarantee any particular wellness, cognitive, sleep, relaxation, or other outcome.

You are responsible for using Brainlume products in accordance with the product instructions, safety information, and guidance provided with the product. Do not use a product that appears damaged or wet. If you experience persistent discomfort or an unexpected reaction, discontinue use and seek appropriate professional advice.

If you have a medical condition, are receiving medical care, or have concerns about whether a Brainlume product is appropriate for you, consult a qualified healthcare professional before use. Brainlume products are not a substitute for professional medical advice, diagnosis, or treatment.

We make reasonable efforts to keep information on the Service accurate and current. However, research, third-party information, product availability, and other content may change over time, and we do not warrant that every item of information will always be complete, current, or error-free.

To the maximum extent permitted by applicable law, the website, online store, and digital features of the Service are provided “as is” and “as available.” We do not guarantee that the website will always be uninterrupted, secure, timely, or free from technical errors.

Brainlume products are subject to the product descriptions provided at the time of purchase, our Refund Policy, any applicable written warranty, and all statutory warranties or consumer rights that cannot lawfully be excluded.

Nothing in these Terms excludes, limits, or modifies any warranty, guarantee, condition, right, or remedy that cannot lawfully be excluded, limited, or modified.

Section 16 – Limitation of Liability

To the maximum extent permitted by applicable law, the Company, its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, suppliers, and Shopify will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, revenue, savings, business opportunity, goodwill, or data, arising from or relating to your use of the Service or purchase of a product.

To the maximum extent permitted by law:

  1. Our aggregate liability for claims arising from or relating to a particular product or order will not exceed the amount you paid to us for that product or order; and
  2. Our aggregate liability for claims arising solely from access to or use of the website, where no purchase is involved, will not exceed USD $100.

These limitations apply regardless of the legal basis of the claim and even if we were advised that such damages were possible.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury caused by negligence where such liability cannot lawfully be limited, mandatory product liability, or any other liability that cannot be excluded or limited under applicable law.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability will be limited only to the maximum extent permitted by law.

Section 17 – Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, suppliers, Shopify, and Shopify’s affiliates from third-party claims, liabilities, damages, losses, and reasonable costs arising directly from:

  1. Your material violation of these Terms;
  2. Your unlawful, fraudulent, or intentionally harmful use of the Service;
  3. Your infringement of a third party’s intellectual property, privacy, publicity, or other legal rights; or
  4. Your misuse of a Brainlume product in a manner that materially conflicts with the instructions or safety information provided with the product.

This indemnification obligation does not apply to claims arising from ordinary and intended use of a Brainlume product or from the negligence, misconduct, or breach of these Terms by the Company.

We will provide reasonable notice of an indemnifiable claim. We may assume control of the defense and settlement of the claim, and you agree to provide reasonable cooperation. We will not agree to a settlement that imposes a direct admission of liability or non-monetary obligation on you without your reasonable consent.

Section 18 – Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

If the provision cannot be enforced, it will be treated as severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Section 19 – Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and terms expressly incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Service and purchases made through the online store. They supersede prior oral or written communications, proposals, and agreements relating to the same subject matter.

A policy or product-specific term may provide additional conditions relating to its particular subject. If a specific policy conflicts with these Terms, the more specific provision will apply to that subject, unless applicable law requires otherwise.

Section 20 – Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may assign or transfer these Terms in connection with a merger, corporate reorganization, sale of assets, financing, transfer of the Brainlume business, or similar transaction.

Any assignment by us will remain subject to applicable law and will not reduce your existing payment, refund, warranty, or statutory consumer rights. We will provide notice of an assignment where required by law.

Section 21 – Governing Law and Disputes

These Terms of Service and any separate agreements through which we provide products or services are governed by the laws of Hong Kong, without regard to conflict-of-law principles.

Subject to any mandatory consumer protections that apply to you, disputes arising from or relating to these Terms, the Service, or a purchase from us will be submitted to the courts of Hong Kong.

If you are a consumer, this choice of law and jurisdiction does not deprive you of mandatory consumer protections available under the laws of your state, province, country, or region of residence, or prevent you from bringing a claim before another court where applicable law gives that court jurisdiction.

Before commencing formal proceedings, we encourage you to contact us at hello@brainlumepbm.com so that we can try to resolve the matter directly.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Section 22 – Headings

The headings used in these Terms are included for convenience only and do not affect the meaning or interpretation of any provision.

Section 23 – Changes to These Terms

You can review the current version of these Terms at any time on this page. The “Last updated” date at the top identifies when the latest changes became effective.

We may update or replace portions of these Terms by publishing a revised version through the Service. Where required by law, we will provide reasonable notice of material changes before they become effective.

Changes will apply prospectively and will not retroactively alter the terms governing an order that we accepted before the revised Terms became effective, unless the change is required by law or you expressly agree otherwise.

Your continued use of the Service after revised Terms become effective constitutes acceptance of those revised Terms. If you do not agree to the revised Terms, you should stop using the Service.

Section 24 – Contact Information

If you have questions regarding these Terms of Service, please contact us at hello@brainlumepbm.com.

BRAINLUME (HK) LIMITED

Business Registration Number (BRN): 81123920
Registered Address: RM 26 UNIT 1, 7/F, TRANS ASIA CTR, 18 KIN HONG ST, KWAI CHUNG, HONG KONG

General Inquiries: hello@brainlumepbm.com
Order and Product Support: support@brainlumepbm.com