1. Preamble and Acceptance of Terms
This website, accessible at www.Brainarm.com (hereinafter referred to as the “Website”), is dedicated to the exposition and dissemination of the “Brainarm™ Full Compositional Coaching” method.
By accessing or using this Website, you (the “User”) agree to be bound by these Terms and Conditions of Use and accept responsibility for compliance with any applicable local laws. If you do not agree with any of these terms, you are expressly prohibited from using or accessing this site.
2. Intellectual Property Rights
2.1 Ownership of Content
All content on this Website—including but not limited to the written exposition of the Brainarm method, methodological frameworks, text, graphics, design elements, source code, and software—is the exclusive property of Guido Mallardi (the “Website Owner”) and is protected by international copyright standards (including the Berne Convention) and Italian copyright law (Legge 22 aprile 1941, n. 633).
2.2 Authors’ Rights
Music scores and audio recordings composed by individuals using the Brainarm method remain the property of their respective composers (hereinafter referred to as “Authors”), as detailed in Section 7 (Participant Rights and Composition Ownership).
2.3 Trademark Rights
The “Brainarm” name and logo are used by the Website Owner as trademarks and distinctive signs in connection with the Brainarm™ Full Compositional Coaching method and associated services. Trademark rights in these signs arise primarily from their use in commerce and from their distinctiveness under Italian and applicable EU law, even if the marks are not yet registered. The ™ symbol indicates the Website Owner’s intention to assert trademark rights and to pursue registration in due course, and does not imply that a formal registration has already been granted.
The Website Owner reserves all rights to protect these distinctive signs and the related brand identity under applicable trademark, unfair competition, and consumer protection laws, including Italian Civil Code provisions (Art. 2598 et seq.) and comparable laws in other jurisdictions.
2.4 Prohibited Brand Uses
Unauthorised use, reproduction, imitation, or attempted registration of our distinctive signs (including the “Brainarm” name and logo) is strictly prohibited to the extent permitted by applicable law. Prohibited conduct includes, without limitation:
Copying or modifying the logo in a manner liable to create confusion with our services.
Using the “Brainarm” name, or confusingly similar signs, in domain names, social media handles, metadata, or advertising without authorisation.
Creating confusingly similar marks, trade dress, or visual identities that may mislead the public as to the origin of services or suggest a false association.
Engaging in parasitic competition or other unfair competition practices capable of causing confusion with the Brainarm™ method or the Website Owner’s activities
3. Use License for Visitors
3.1 Grant of License
Permission is hereby granted to the User to download and print copies of the music scores which are explicitly designated for free distribution on the Website’s music page. This grant constitutes a limited, non-exclusive, and non-transferable license, not a transfer of title.
3.2 Restrictions
Under this license, the User may not:
Modify, copy, or create derivative works from the materials (arrangements of Brainarm music can be realised only upon confirmation of the respective Authors or Guido Mallardi)
Attempt to decompile or reverse engineer any software contained on the Website
Remove any copyright or other proprietary notations from the materials
Transfer the materials to another person or “mirror” the materials on any other server
Use the materials for any commercial purpose (exception to this restriction for Brainarm music must be discussed with the Author)
3.3 Condition for Public Performance
Public performance of the music scores downloaded from this Website is permitted only provided that the performer or presenter announces the piece following this exact structure (either verbally or in the concert program notes):
“[Piece Name] [Composer Name] [Year], composed by means of Full Compositional Coaching; [Composer’s musical education level]. Visit www.Brainarm.com for information about how it is possible that non-musicians or hobbyists compose at a high level by means of a composer-coach without being influenced.”
Failure to adhere to this attribution requirement constitutes a breach of this license.
3.4 Termination
This license shall automatically terminate if the User violates any of these restrictions and may be terminated by the Website Owner at any time. Upon termination, the User must destroy any downloaded materials in their possession, whether in electronic or printed format.
4. Nature of Full Compositional Coaching (Brainarm)
Full Compositional Coaching (Brainarm™) is a methodology-based educational service conducted by Guido Mallardi and is not a therapeutic intervention. This service should not be regarded as a substitute for professional medical care, psychotherapy, or music therapy.
Whilst Full Compositional Coaching may serve as a complementary tool within contexts where therapeutic support is sought, it does not constitute therapy in itself and is not designed to diagnose, treat, cure, or prevent any medical, psychological, or mental health condition.
Guido Mallardi is not a licensed therapist, physician, or mental health professional. Participants with existing medical, psychological, psychiatric, or mental health conditions are strongly advised to consult qualified healthcare professionals before engaging in compositional activities, particularly where such activities may relate to emotional processing or psychological wellbeing.
5. Assumption of Risk and Participation
By engaging in Full Compositional Coaching, participants acknowledge that they understand and voluntarily assume the inherent risks associated with the service, including but not limited to:
The subjective and individual nature of creative outcomes, which may not meet participant expectations or goals
Emotional or psychological reactions to the coaching process or creative feedback
The limitations of remote video consultation formats (technical connectivity issues, privacy in video environments, etc.)
Potential misunderstandings arising from asynchronous communication (email, messaging) or language barriers
The absence of real-time clinical intervention or crisis support
Participants engaging with Full Compositional Coaching do so at their own discretion and voluntarily accept these risks.
6. Limitation of Liability
6.1 Scope of Limitation
Guido Mallardi and associated entities shall not be liable for any damages, losses, or adverse effects arising from the use of Full Compositional Coaching, whether such damages are direct, indirect, incidental, special, or consequential, including but not limited to:
Failure to achieve compositional, creative, or pedagogical goals
Emotional, psychological, or physical reactions to the coaching methodology or creative process
Loss of income, time, or opportunity
Reputational harm or professional consequences
Technical failures, data loss, or security breaches in third-party platforms or services
6.2 Exceptions to Limitation
Notwithstanding the above, this limitation of liability shall not apply, and Guido Mallardi shall remain fully liable, in the following circumstances:
Any loss, injury, or damage arising from willful misconduct or gross negligence by Guido Mallardi or associated personnel
Any loss arising from violation of mandatory legal obligations (including GDPR/FADP data protection duties)
Any damage to the participant’s legal rights guaranteed by mandatory provisions of applicable law (Italian, Swiss, EU law)
Physical injury, death, or medically documented psychological harm directly caused by Guido Mallardi’s conduct
This limitation is subject to mandatory law (including but not limited to Italian Codice Civile Article 1229, GDPR Article 82, and Swiss FADP provisions) and shall not be enforceable to the extent such law prohibits limitation of liability.
7. No Guarantee of Outcomes
Guido Mallardi makes no express or implied guarantees regarding:
The effectiveness, quality, or suitability of Full Compositional Coaching for any individual participant
The achievement of any specific compositional, creative, artistic, or professional outcomes
The applicability of the Brainarm™ methodology to the participant’s specific circumstances, learning style, or goals
Measurable progress or improvement in musical composition, technique, or creative expression
The efficacy of Full Compositional Coaching is highly dependent on individual factors including but not limited to participant engagement, prior musical knowledge, learning readiness, and personal circumstances.
Disclaimer of Warranties: The materials and services provided through this Website and Full Compositional Coaching are provided on an “as is” and “as available” basis. Guido Mallardi makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Whilst Guido Mallardi endeavours to provide evidence-based and accurate information, no warranty is made regarding the accuracy, likely results, or reliability of the use of the materials or services provided through this Website or on any sites linked to this Website.
8. Participant Rights and Composition Ownership
8.1 Author’s Retained Rights
Subject to any specific written agreements (such as a coaching agreement or release form) signed by the parties, participants (Authors) retain the copyright to their respective musical compositions created during Full Compositional Coaching.
Authors are permitted to:
Modify or reproduce their own compositions for personal or internal use
Utilise recordings and scores for public display, provided such recordings have been produced or previously approved by the Website Owner
Perform publicly their own compositions, as provisionally agreed with Guido Mallardi prior to the coaching engagement commencing
8.2 Grant of License to Website Owner
By submitting, publishing, or allowing the publication of their music on the Website, an Author grants to the Website Owner (Guido Mallardi) a perpetual, worldwide, non-exclusive, royalty-free, and sub-licensable license to use, reproduce, distribute, display, perform, and transmit the compositions in any media formats (including but not limited to the Website, social media platforms, email marketing, educational materials, and digital streaming services) for the purpose of promoting the Brainarm™ methodology and the Author’s work.
This license is contingent upon explicit written consent or a signed coaching/release agreement. Without such written consent, no publication rights are granted.
8.3 Notification Requirement
Prior to publishing compositions created through Brainarm™ coaching on third-party platforms, in print, or licensing them to other entities, the Author agrees to notify the Website Owner via the official contact page or designated social media channels to ensure proper attribution and compliance with any applicable agreements.
9. Third-Party Content and Reporting Infringement
9.1 Third-Party Ownership and Content
Certain content on this Website may belong to third parties and is used with permission or under applicable legal exceptions. Such third-party content is not covered by the intellectual property claims of the Website Owner unless explicitly stated.
9.2 Reporting Infringement
To report alleged infringement, copyright violation, or to request removal of content, please contact the Website Owner at info [at] brainarm.com, providing:
Clear identification of the allegedly infringing material
A statement of your authority to act on behalf of the rights holder
Details of the alleged infringement
The Website Owner shall investigate such reports in accordance with applicable law and the notice-and-takedown procedures established under Directive 2000/31/EC (e-Commerce Directive).
9.3 Third-Party Links and Services
Guido Mallardi assumes no responsibility for the content of websites to which hyperlinks or other references are made, or from which such links originate. Products or services offered by third parties are subject to the applicable terms and conditions of those third parties.
Where the website links to or references third-party services (e.g., video conferencing platforms, payment processors, cloud storage providers), participants should review those third parties’ privacy policies and terms before use. Guido Mallardi is not liable for third-party conduct or compliance.
The Website may contain links to third-party websites. The Website Owner has not reviewed all of the sites linked to this Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Website Owner. Use of any such linked website is at the User’s own risk.
10. Data Processing and Privacy
Any personal data provided by the participant—including but not limited to name, email address, communication history, coaching notes, video recordings of sessions, and creative works—shall be processed in accordance with our Privacy Statement and applicable data protection law (GDPR, Swiss FADP, and Italian D.lgs. 101/2018).
Participants are entitled to exercise their rights under applicable data protection law, including rights to access, rectification, erasure, and data portability. Requests should be directed to: info [at] brainarm.com.
Video consultation security: Guido Mallardi shall implement appropriate technical and organisational measures to protect the confidentiality and security of video consultation recordings and participant data, in accordance with GDPR Article 32 and Swiss FADP Article 8-11.
11. Website Liability and Technical Operations
11.1 Website Content Accuracy
Guido Mallardi is committed to maintaining this website in an updated and accurate condition. Should you encounter any information that appears incorrect or outdated, please bring this to our attention by indicating the specific section and contacting us via email. We shall examine such reports promptly.
11.2 Limitation of Website Liability
We accept no responsibility for losses arising from inaccuracies, incompleteness, or unlawful content in external links and third-party material. We shall not be liable for losses resulting from issues inherent to Internet dissemination, including technical service disruptions or outages, provided that we have implemented appropriate technical and organisational measures in accordance with the state of the art.
Notwithstanding the foregoing, such limitation of liability shall not apply to the extent prohibited by mandatory law or where our negligence is established.
In no event shall the Website Owner be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if the Website Owner has been notified orally or in writing of the possibility of such damage.
12. Website Accessibility
12.1 Accessibility Commitment
Our staff shall make all reasonable efforts to ensure that this website remains accessible and to improve it continuously, in compliance with the European Accessibility Act (EAA) and Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards, including for individuals who rely upon specialised software owing to a disability.
12.2 Accessibility Features
This website is designed to support:
Screen reader compatibility
Keyboard navigation
Adequate colour contrast (4.5:1 ratio minimum)
Resizable text and zoom capability
Video captions and audio descriptions where applicable
Clear headings and logical page structure
12.3 Reporting Accessibility Issues
Should you experience difficulties accessing any content on this website due to a disability, or wish to request accessible formats of materials, please contact us immediately: info [at] brainarm.com. We shall prioritise addressing accessibility barriers and providing reasonable accommodations.
13. No Engagement of Professional Advisory Relationship
Full Compositional Coaching should not be construed as establishing a professional advisory, therapeutic, legal, financial, or medical relationship. Participants should not rely on coaching feedback as a substitute for professional advice in any domain.
14. Modifications to These Terms and Conditions
The Website Owner reserves the right to revise these Terms and Conditions at any time without notice. By using this Website and engaging in Full Compositional Coaching, you agree to be bound by the then-current version of these Terms and Conditions. Material changes to these provisions will be communicated to active participants via email, if contact information is available.
15. Severability and Governing Law
If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect, provided that the severance does not fundamentally alter the nature of the parties’ agreement.
These Terms and Conditions shall be governed by Italian law (specifically the Codice Civile and applicable EU Regulations). Disputes arising from or related to these provisions shall be subject to the jurisdiction of the competent courts of Milan, Italy, unless the participant and Guido Mallardi agree otherwise in writing.
The Website Owner retains the right to pursue enforcement under the laws of any jurisdiction where infringement or violation of these terms occurs.
16. Contact Information
Should you have any questions or concerns regarding these Terms and Conditions, the Full Compositional Coaching service, website accessibility, data processing practices, or to report alleged infringement, please do not hesitate to contact us:
Email: info [at] brainarm.com
Address: Viale della Carriera 68, 63900, Fermo, Italy
Person responsible for personal data protection: Elisa Campofiloni/
Contact: info [at] brainarm.com
Infringement Reports: info [at] brainarm.com
Last Updated: January 18, 2026
Effective Date: January 22, 2026
APPENDIX: SUMMARY OF LEGAL COMPLIANCE
These Terms and Conditions are structured in compliance with:
Italian Law: Codice Civile Articles 1229, 1341, 2598 et seq.; D.lgs. 101/2018 (GDPR implementation); L. 633/1941 (Copyright); L. 940/1925 (Trademark Law)
Swiss Law: Federal Data Protection Act (FADP); Swiss Obligations Code; Swiss Trademark Law
EU Law: GDPR Articles 6, 82; Directive 2000/31/EC (e-Commerce); European Accessibility Act (EAA); Directive 93/13/EEC (Unfair Contract Terms); Berne Convention (International Copyright)
Important Notices
Mandatory Protections Not Waived: These Terms and Conditions do NOT:
Exclude liability for intentional harm or gross negligence
Waive mandatory consumer protections under applicable law
Override data protection rights under GDPR or FADP
Eliminate accessibility requirements under EAA or WCAG standards
Waive the Author’s copyright ownership of their own compositions (except where explicit written agreement exists)
Permit elimination of non-waivable rights under Italian, Swiss, or EU mandatory law
Users and Participants retain all rights afforded them by mandatory law and cannot be deprived of protections that are non-waivable under applicable jurisdiction.
Key Definitions
“Website Owner” or “Guido Mallardi”: The person or entity responsible for the Website and provision of Full Compositional Coaching
“User”: Any individual accessing the Website without engaging in coaching services
“Participant” or “Author”: Any individual engaged in Full Compositional Coaching or submitting compositions to the Website
“Brainarm™”: The proprietary Full Compositional Coaching methodology owned by Guido Mallardi
“Website”: www.Brainarm.com and all associated pages, services, and digital properties