Terms of service

 

If you have any questions relating to our terms of use, or wish to confirm or make changes to information about you, please contact us using the contact information on this page

This website (Site) is controlled and operated by myBrainCo Inc. (we, our or us) in the United States. It is available at: us.mybrainco.com and may be available through other addresses or channels at our sole discretion.

Consent: By accessing and/or using our Site, you agree to these terms of use (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

• anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights
• using our Site to defame, harass, threaten, menace or offend any person
• interfering with any user using our Site
• tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
• using our Site to send unsolicited email messages
• facilitating or assisting a third party to do any of the above acts

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

No Professional Advice: The Content is not comprehensive and is for general information purposes only. It may not be complete and does not cover all health issues. Therefore, never use or rely on any information on the Sites to diagnose or treat a health-related disease. The information on the SItes should not replace the need for a consultation with a qualified medical practitioner or other health care provider. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by myBrainCo and its affiliates, subsidiaries or third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you must not:

• copy or use, in whole or in part, any Content
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party
• breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

User Generated Content (“UGC”): The "Content" herein refers to any photo(s), video(s), stories, captions and comments you post on Facebook, Twitter, Instagram or Pinterest ("Social Media") or submitted to us either by specific invitation by us or voluntarily by you. Content may also include responses to our questions regarding your use of our products, any photos or videos you provide directly to us, as well as any product reviews you post on Social Media or submitted directly to us.

By providing Content, you consent to its use by us in accordance with these terms. You represent and warrant that:

• You have full legal capacity and authority to agree to these terms;
• The Content you supply does not infringe on any trademark rights, logos, brand names, advertising, sponsorships, or promotional material belonging to another person or entity;
• The Content does not contain anything illegal, defamatory, obscene or offensive;
• You have permission from any other person(s) appearing in the Content to provide us with the rights to use the Content;
• Your upload or post of the Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Content;
• Our use of the Content will not violate the rights of any other person or entity and will not violate any applicable law;
• You confirm and agree that our use of the Content does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
• You grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the Content.
• You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any applicable laws in any part of the world.
• You have read and you agree to comply with these terms.

You grant us an irrevocable and unlimited right and license to use the Content (and to allow others to use the Content) including allowing us to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site for business related purposes, including but not limited to promotional and marketing purposes.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content

Customer Reviews: We will regularly invite you to provide a review on the service you received, one or more products you have purchased and our Site. We welcome your reviews, comments, submissions, and any other Content we have outlined in these terms. By submitting any such content, you grant us an irrevocable and unlimited right and license to use the Content including but not limited to copy, modify, delete in its entirety, adapt, publish, translate, create derivatives, sell, distribute or incorporate into any other form, medium or technology free of any compensation to you.

By submitting any such Content, you agree that

• You have full legal capacity and authority to agree to these terms;
• You are the sole author and owner of the intellectual property rights generated by the content;
• You waive any "moral rights" in the content;
• The content is voluntarily supplied free of compensation or consideration by an unapproved person(s) or entity;
• You don’t knowingly submit content that is false, inaccurate or misleading in any way;
• That we may use submitted content for business purposes including promotional and marketing use;
• Our use of the content does not violate these Terms and will not cause injury to any person or entity or infringe on any right trademark rights, logos, brand names, advertising, sponsorships, or promotional material belonging to another person(s) or entity.
• You are responsible for the content and any provide it free of any obligation by us to maintain confidentiality;
• The content will not violate any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
• The content does not contain material that could reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• The content does not include material that references third party websites, or material that would infringe on another person(s) or entities privacy;
• Content is free of any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees), harmless against all claims, demands, and damages (either express or implied) of every kind or nature, known and unknown including reasonable legal costs, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

All Content that you submit may be used at our sole discretion. We reserve the right to change, condense, withhold publication, remove or delete any Content that we deem, in our sole discretion, to violate these terms and to the extent authorized by law.

We make no representation that the Content submitted by visitors to the Site will not be inaccurate, misleading, or deceptive. We do not endorse nor will we be held responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed in content provided by third parties reflect solely the opinions of the individuals who submitted the content and may not reflect our opinions.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites or the links they contain. You should make your own investigations with respect to the suitability of those websites.

Social Media: We use several Social Media sites. By accessing, viewing and/or posting any content to any myBrainCo. Social Media sites, you accept the complete terms of use for those sites. You agree that you are over the age of 18 and will not: violate any local, state, federal and international laws and regulations, transmit any material that is objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, ”junk mail,” ”spam,” ”chain letters,” ”pyramid schemes” or any other form of solicitation. We are not responsible for content therein and reserves the right to monitor, prohibit, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.

Pricing: Prices on our site are listed in American Dollars (USD). All listed USD prices are exclusive of taxes. Any order to be delivered outside of the United States will not include taxes. Prices displayed on this website are current at the time of issue but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Products are sold for personal use only. For any price variations, we will provide notice by email no less than 30 days before the changes take effect. After such time, price changes will apply to any existing Subscription. You do not need to do anything to accept the change in price. You are under no obligation to accept the price revision and may pause or cancel a Subscription in accordance with our terms and conditions.

Transactions: As part of the myBrainCo.com services, you may purchase products – as long as you are 18 years of age, have a valid method of payment, and agree to authorise us to charge that method of payment for products, taxes, shipping, and related handling fees. By placing an order, you confirm that the credit card you use is yours. All card payments are subject to authorization by your card issuer. All these fees are detailed in our shopping cart and ordering pages. We DO NOT accept cash. Payment options available via our site include Visa, MasterCard, American Express, Debit Cards, Afterpay and PayPal.

International Transactions: myBrainCo. products are manufactured in Australia and distributed locally across Australia and the contiguous United States. If you reside outside of these countries, you agree to be named Importer of Record for any and all shipments from us. As an extension of this, you agree to comply with all laws and regulations regarding import/export in the country where you reside and where you will receive our shipments. It is your responsibility to know and understand your local laws and regulations before ordering and receiving a shipment of myBrainCo. products. If you agree to import myBrainCo. products, then you agree to pay for any fees, fines, legal expenses, or any other costs that may be associated with any potential violations of import/export or other laws and regulations of your country of residence and receipt. We reserve the right not to deliver goods to certain countries.

Subscription: If you select a subscription, you consent to receive goods/services from us on an ongoing basis (your “Subscription”) in accordance with these terms. Your Subscription will automatically renew based on your selected delivery interval (“Order Cycle”) unless cancelled as outlined below. Details of your subscription are displayed on the checkout page prior to purchasing, sent via email, and from within your account dashboard on our Site. You can cancel or adjust your Subscription (e.g., change delivery frequency, products, or shipping date) from within your account dashboard or by contacting us.

Cancellation or Adjustment Deadline: You may cancel or adjust your Subscription at any time before 12:01 AM ET on the day your next Order Cycle is scheduled to commence (check your charge date in your account dashboard or confirmation email). After this cut-off, your order will be processed, and any alterations will not take effect until your next order. Once an order has been processed it cannot be modified. By maintaining an active Subscription, you authorize us to charge your nominated payment method for each Order Cycle unless paused or cancelled before the cut-off. We cannot cancel or refund orders after the cut-off.

It is your responsibility to keep your account information, including address and delivery instructions, up to date. Changes must be made via the account dashboard or by contacting us before the cut-off. We are not responsible for undelivered orders due to incorrect shipping addresses.

You will not be charged a cancellation fee for cancelling your Subscription. You can resume your Subscription at any time via your account dashboard. We reserve the right to limit quantities of goods/services, modify descriptions, discontinue products, or terminate your Subscription at our discretion without notice. If we terminate your Subscription, this will take effect immediately without liability to you or any third party. Refund or return requests will be handled per our terms and conditions.

Gift Cards: myBrainCo branded gift cards (“Gift Cards”) entitle the holder to goods/services equal to the value stated on the Gift Card. Gift Cards can only be purchased and redeemed online via our website. Gift Cards are not counted towards any free shipping policies. Gift Cards are partially redeemable and any unused balance will remain on the Gift Card. Gift Cards will not expire and can be redeemed at any time. If the Gift Card holder's order exceeds the amount of the Gift Card, the Gift Card holder will be required to pay for the difference in price between the value of the Gift Card and the price of the goods/services. Gift Cards are intended for retail purposes only and cannot be redeemed for wholesale goods/services. Gift Cards can only be redeemed for goods/services and cannot be redeemed for cash. Gift Cards cannot be exchanged (wholly or partly) for cash and cannot be refunded or returned unless required by law. Should we suspect any fraud relating to a Gift Card, we may refuse to redeem the Gift Card or cancel the redemption of the Gift Card. We are not liable for any lost/stolen Gift Cards. Please contact us immediately if you suspect your Gift Card has been lost/stolen. Lost/stolen Gift Cards may be replaced at our discretion if satisfactory proof of purchase is provided and the Gift Card has not been redeemed.

45-Day Money-Back Guarantee (MBG): If you are unhappy with a product we will gladly offer you a refund minus any shipping costs, so long as it’s within 45 days from the date of purchase. This guarantee only applies to the first-time purchase of any product.

To process a MBG refund request, you must:

• Contact customer support here: contact us.
• Once we receive your request, one of our clinical support team will contact you to discuss your concerns with the product and offer assistance to improve outcomes.
• If this is not successful, or you do not wish to speak with our clinical support team, you will be provided with a return address to send the open or unopened product back to us.
  
• It is your obligation to pay the return postage
• You will then need to provide a tracking number for verification purposes. Only once we’ve received your return items will the refund be processed.
• We will not be held accountable for items not received.
  
• Once we receive the items, please allow 5 business days for our staff to process the return and issue a refund.
• All refunds are processed via the same payment method used to make the purchase.
• Depending on the original payment method, refunds may take up to 5 business days to appear on your statement.

Please note:

• We must receive your refund request within 45 days of the original purchase date.
• The returned items must be received within 14 days from the date of return approval.
• All refunds are processed excluding any shipping costs associated with the order.
• Marked sale items are not eligible for the money-back guarantee.
  
• This guarantee is not applicable to wholesale purchases or purchases made via a third-party retailer.
• Money-back guarantee claims will only be valid on the first purchase of any item. Repeat orders will not be refundable under this policy.
• Returning myBrainCo products without complying with our policy will unfortunately deem your transaction non-refundable.

It is important to note that for best results, our products should be used in conjunction with a healthy lifestyle, including a healthy diet and regular exercise.

Returns: Outside of our money back guarantee, products can be returned or exchanged within 7 days of delivery only in the following circumstances:

• Damaged in transit
• Incorrectly shipped
• Faulty product

Shipping: We ship our products within the contiguous United States, Alaska and Hawaii. We also offer international shipping to select countries (*). Orders are typically shipped within 24 business hours of being placed. Orders placed over weekends or public holidays will be shipped the next business day. All parcels are sent out via a tracked mail service. A confirmation email with your tracking number will be sent to you once the goods have been shipped. We are not responsible for any undelivered order resulting from an incorrectly recorded shipping address or refusal to accept the package by the recipient. For your convenience, please check delivery information prior to submitting your order and ensure someone can receive your items at the shipping address you specify. Delivery fees are subject to change without notice.

Orders within contiguous United States (incl. the District of Columbia):

• Shipping Costs are displayed in USD.
• Standard Shipping (3 - 7 Business Days) costs $6.95
  
• Express Shipping (2 - 3 Business Days) is available on all orders for $9.65 
• Orders valued over $50 will qualify for free standard shipping (3 - 7 Business Days).
• The threshold for free shipping is calculated based on cart value inclusive of discounts.

Orders to non-contiguous United States, Canada & International:

• Shipping Costs are displayed in USD.
• Exact shipping costs depend on order weight and shipping destination. The exact cost will be calculated during checkout.
• Higher rates apply for priority shipping
• Allow between 8-21 business days for standard delivery.

International orders can sometimes be delayed or held up in customs. In rare cases customs delays can be up to 30 business days or more. Please allow extra time for your order to arrive, and if your order is delayed, check your tracking number and contact your local customs office before contacting us. We cannot be held liable for any shipping issues, delays or errors originating from within your country.

Delivery times are based on times provided by shipping companies.  Occasionally parcels are delayed.  Please allow extra time for your order to arrive and check your tracking number before contacting us.

Customers are responsible for complying with any local customs import regulations as the importer of record. You are responsible for paying any international VAT, sales tax or customs import duties applicable to your order.

Risk of Loss: All items purchased from us are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon delivery to the carrier.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by applicable federal, state and local law, we make no representations or warranties (express or implied) about our Site or the Content, including (without limitation) that:

• they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
• access will be uninterrupted, error-free or free from viruses
• our Site will be secure

You read, use and act on our Site and the Content at your own risk. Because some States do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.

Limitation of liability: To the maximum extent permitted by applicable federal, state and local law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) whether based in contract, tort, strict liability or otherwise, suffered by you or any third party, arising from or in connection with your use of our Site and/or Products and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. In any jurisdiction that does not allow the exclusion or limitation of direct or consequential damaged, our liability in any such jurisdiction is limited to the maximum extent permitted by law.

Indemnity: To the maximum extent permitted by applicable federal, state and local law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms. Because some States do not allow a disclaimer of warranties, this may not apply to you. In any jurisdiction that does not allow the exclusion or limitation of direct or consequential damaged, our liability in any such jurisdiction is limited to the maximum extent permitted by law.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Enforceability: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by and construed in accordance with the laws of the State of Delaware. You irrevocably and unconditionally submit to the exclusive jurisdiction of a court of competent jurisdiction in the State of Delaware and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Modification of These Terms: We reserve the right to amend these Terms at any time. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound. Your use of the Site after the posting of modifications to these Terms will constitute acceptance of these Terms as modified. If at any time you do not wish to accept these Terms, you are not thereafter authorised to use the Site.

No Waiver: Failure by us to enforce any provisions of these Terms or respond to a breach by any person(s) / entities shall not in waive in any way our right to enforce subsequently any terms or conditions of these Terms or act with respect to similar breaches.

Miscellaneous: You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and your use of the Site. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Site Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our Site may be accessed throughout the United States and Australia. We make no representation that our Site complies with the laws (including intellectual property laws) of any other country. If you access our Site, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

myBrainCo. INC 

Email: [email protected]

 

Last update: 5 June 2025