Terms of Service

Last Modified: March 12, 2024

1. Introduction

These Terms of Service (the “Terms”) govern your use of the neurovizr.com Website (the “Website”), the NeuroVizr mobile application (the “App”), and any subscription-based or digital content services (the “Services”) provided by Vizr Technology OÜ (“NeuroVizr,” “Company,” “Us,” or “We”). By creating an account (“User Account”) or otherwise accessing or using our Services, you agree to these Terms. If you do not agree, do not access or use the Services.

2. Account Registration

1. Eligibility: You must be at least 18 years old and capable of entering into binding contracts.
2. Accuracy: All information provided must be accurate and complete. You are responsible for maintaining the accuracy of this information
3. One Account per User: Each individual user may only register one account.

3. Use of Services and Subscriptions

1. Scope: NeuroVizr provides content that can be used with the Device, including synchronized light & sound compositions, informational videos, and articles.
2. Subscription Plans: Some Services require a paid subscription. Fees may vary by plan (e.g., monthly, annual) and are charged at the start of each term.
3. Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date.
4. Free Trials: Free trials may be offered. Unless cancelled before the trial ends, your payment method will be charged once the trial concludes.
5. Cancellation: You may cancel your subscription at any time by emailing customer@neurovizr.com. You retain access to the Services until the end of the current paid term. No refunds will be issued for unused portions of a subscription term.

4. Important Usage Instructions

1. Onboarding: When using the Device for the first time, complete all in-App onboarding, including light sensitivity checks.
2. Third-Party Use: If you give the Device to another person, guide them through the onboarding and light sensitivity checks in the App.
3. Not a Medical Service: The Services are intended for wellness and mindfulness. They are not medical advice or therapy. Consult a professional for any health-related concerns.

5. Termination

1. By User: You may terminate your use of the Services or cancel subscriptions at any time. Cancellation is effective at the end of the current term.
2. By Company: We may terminate or suspend access to the Services immediately in cases of fraud or breach of these Terms.
3. Effect: Upon termination, your right to access the Services ceases. No refunds will be provided for any remaining subscription period unless required by applicable law.

6. No Warranties and Liability

1. As Is/As Available: The Services are provided “as is” and “as available,” without any warranties of any kind.
2. Disclaimer: NeuroVizr disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
3. Limitation of Liability: NeuroVizr, its affiliates, and agents shall not be liable for any indirect, consequential, or special damages arising out of or related to the use of the Services.

7. Indemnification

You agree to indemnify, defend, and hold harmless NeuroVizr, its affiliates, officers, directors, employees, and agents from any claims or liabilities resulting from your use of the Services, the Device, or any violation of these Terms.

8. Intellectual Property

1. Content Ownership: All content, trademarks, logos, and data within the Services are owned or licensed by NeuroVizr.
2. License: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.
3. Restrictions: Modification, reproduction, or distribution of any content without written permission is prohibited.

9. Privacy

Your personal data is processed according to our Privacy Policy (link). Please review the policy to understand how we handle your information.

10. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. By continuing to use the Services after changes become effective, you agree to be bound by the revised Terms.

11. Miscellaneous

1. Severability: If any provision of these Terms is held invalid or unenforceable, such provision shall be severed, and the remainder shall remain in full force and effect.
2. Entire Agreement: These Terms, along with the Terms & Conditions and Privacy Policy, constitute the entire agreement between you and NeuroVizr regarding the Services.

12. Governing Law (Footer)

These Terms of Service, and any dispute arising from or related to them, shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of laws principles. The courts of Estonia shall have exclusive jurisdiction over all claims and disputes arising in connection with these Terms. Questions or Concerns? If you have any questions about these Terms, please contact us at: • Email: customer@neurovizr.com Footer Placement To comply with the requirement of displaying a Governing Law clause in the footer, you can place the following notice at the bottom of your website pages (commonly near or linked from “Terms of Service” or “Legal”): Governing Law: These Terms of Service and any related disputes are governed by the laws of the Republic of Estonia. By using this website and our Services, you agree to submit to the exclusive jurisdiction of the Estonian courts.

Final Notes

1. Keep Separate Links ◦ Terms & Conditions should be linked on your website (often for the eCommerce purchase process). ◦ Terms of Service should be linked for users accessing or using the App, subscriptions, or any digital content.
2. Highlight the Legal Name in the Terms & Conditions ◦ Include Vizr Technology OÜ clearly, as above, to satisfy the requirement of stating your legal entity name in the Terms & Conditions.
3. Prominent Governing Law Clause in the Terms of Service ◦ Place the Governing Law section at the footer of your website or at least ensure it is clearly visible and accessible in your Terms of Service link.
4. Review by Legal Counsel ◦ While the above template covers standard provisions, always have your final draft reviewed by a qualified legal professional to ensure compliance with all applicable laws and regulations in your jurisdiction.