Terms & Conditions
Vizr Technology OÜ
Developer of neuroVIZR
INTRODUCTION
These Terms & Conditions were last modified on March 12, 2024.
Vizr Technology OÜ (“NeuroVizr,” the “Company,” “Us,” or “We”) welcomes you to [https://neurovizr.com](https://neurovizr.com) (the “Website”) and the neuroVIZR mobile application (the “App”).
By accessing and using the Website and App, you agree to be bound by these Terms & Conditions (the “Terms”). If you do not agree to any of these terms, please do not use or access the Website or App.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Website and use of the App, to understand our privacy practices.
GENERAL TERMS AND CONDITIONS
Devices
NeuroVizr®️ provides you with a home-use, personal wearable device (the “Device”). The Device is sold to you as an “over-the-counter” purchase and is not considered a medical device. The unit is placed on the head similarly to a standard Virtual Reality (VR) device. The neuroVIZR has a plate with nine (9) cool-blue/white LED diodes situated directly in front of the user’s eyes.
Services
The neuroVIZR provides a wide range of content to be used with the Device, related to mental well-being and mindfulness. This includes synchronized light & sound compositions providing sensory brain enrichment, introduction videos, and articles.
USE OF THE SUBSCRIPTIONS
Account Registration
To use and benefit from the Services, you must create an Account (“User Account” or “Account”) by following the registration instructions in the App or on the Website. Registration is free of charge. By sending the registration form, you offer to conclude a user agreement (the “Member Contract”) with neuroVIZR that is subject to these Terms. When the Company accepts the registration, you will receive a confirmation email. Each User can only register once.
With registration, you declare that (i) you are at least 18 years old and legally competent to enter into binding contracts; (ii) all registration information you submit is true and accurate; (iii) you will be responsible for the accuracy and completeness of such information in the future; and (iv) your use of the Services does not violate any applicable law.
Subscriptions
Certain Paid Services are subscription-based purchases, to which the following terms apply:
Your Subscription term may vary as a continuous, monthly, or annual term (“Subscription Term(s)”), as described during purchase. Subscriptions auto-renew until cancelled by you or terminated by NeuroVizr®️. Your payment method will be charged at the beginning of each Subscription Term for the fee plus applicable taxes and other charges. We will notify you of applicable fees before renewal.
You may cancel your Subscription at any time, effective at the end of the current Subscription Term. To cancel, email customer@neurovizr.com. Cancellation does not entitle you to a refund of previously paid Fees, and you will not receive a prorated refund for the remainder of the Subscription Term. We may still send you promotional communications unless you opt out by following the unsubscribe instructions provided.
When you cancel a Subscription, only future charges are cancelled. No refunds are provided for the current Subscription Term, but you retain access until it ends. We may provide refunds, discounts, or other credits at our discretion. Providing credits once does not entitle you to credits in the future.
Free trials may be offered periodically. We will notify you of Subscription fees before the trial ends. To avoid charges, cancel your Subscription before the trial period ends. If not cancelled, your payment method will be billed on a recurring basis for the Subscription fee plus applicable taxes and charges.
Payment information is processed and stored by a third-party payment processor. Maintain at least one valid payment method for Fees, which are billed monthly or annually and are subject to change. Fees have a recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Fees are charged one day before the monthly or yearly anniversary of the initial purchase date.
neuroVIZR reserves the right to adjust Fees for Paid Services, or any features or parts of Paid Services, at any time. We will notify you via email at least thirty (30) days in advance of any changes. Continued use of the Services indicates acceptance of the new Fees.
CONCLUSION OF CONTRACT
Availability of services is subject to change and can be amended at the Company’s discretion. Mentioning a service below does not constitute a binding offer.
If you want to subscribe, you first need to purchase a Device from the Website and select one of the Subscription Plans. By clicking the “Place Order” button, you make a binding offer to conclude a contract for buying a Device, the selected Services, and the Subscription Plan. The acceptance of the offer is confirmed by the Company via email after payment has been made.
USE OF THE DEVICE
IMPORTANT! When using the device for the first time, you must complete the onboarding session in the App, including the light sensitivity checks. If you give the device to a third party, use the related section in the App and guide them through the light sensitivity checks.
TERMINATION OF THE SERVICES
By the User
You may cancel your subscription at any time by sending your request to [customer@neurovizr.com](mailto:customer@neurovizr.com) or through the settings in the App. You will receive a confirmation email upon our acceptance of your request. If you do not cancel before the end of your current subscription period, it will continue for another period. The right to terminate the contract for cause remains unaffected.
By the Company
We may suspend or terminate your use of the Services for cause, including fraud. Termination may be immediate without prior notice if necessary, considering the circumstances and weighing both parties’ interests. Good cause includes unauthorized copying or downloading of content, and illegal use of Services.
RIGHT OF WITHDRAWAL
By using our Services, you agree that our Services are “immediately performed services on the electronic platform,” and you shall not have the right to withdraw. No payment is refundable in accordance with applicable regulations. The general terms and conditions of the Apple App Store and Google Play Store apply to purchases made through them.
For purchases through the Website or Google Play Store, refund requests are evaluated at our discretion, provided they are submitted within 30 days following the conclusion of the contract. For more details, refer to our [Refund Policy](link to Refund Policy).
NO WARRANTIES, EXCLUSION OF LIABILITY
Our website and App are operated on an “as is,” “as available” basis, without warranties of any kind. The Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company is not liable for errors or omissions on the website, contracts, or services. Use of our website and services is at your own risk.
In no event shall the Company or its agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our website, devices, services, content, and contracts. The Company’s liability for any damage claim shall not exceed the amount paid by you for the transaction giving rise to such a claim.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
DISCLAIMER
neuroVIZR is a provider of personal wellness devices and content related to brain wellness, not a healthcare or medical device provider. The Services do not constitute medical advice. Only your physician or another healthcare provider can provide such advice. neuroVIZR makes no warranties that the Services provide any therapeutic benefit.
INTELLECTUAL PROPERTY
neuroVIZR grants you a non-exclusive, non-sublicensable, and non-transferable right to access the Services via the Website or App solely for the purposes set forth herein. Any further use of the Website or App, including copying, modifying, or creating derivative works based on the information displayed therein, is prohibited.
INDEMNIFICATION
You agree to defend, indemnify and hold the Company, its affiliates, employees, agents, officers, or directors harmless from any claims, damages, losses, costs, and expenses arising out of or in connection with your use of the device, the App, the Website, any linked websites, any content on the App or Website, or any other websites. This includes any direct, indirect, special, incidental, consequential, or punitive damages.
AVAILABILITY
The Company does not guarantee the availability of the Website or App at any time. Downtimes may occur due to maintenance work and technical problems. The Company is not liable for any claims due to downtimes. The Company reserves the right to change or adapt the Website or App and to discontinue the offer temporarily or permanently.
PERFORMANCE DELAYS
The Company is not responsible for delays in performance due to force majeure or extraordinary and unforeseeable events that cannot be prevented. Using the services requires appropriate equipment and sufficient Internet access, which is the User’s responsibility.
DATA PROTECTION
Our [Privacy Policy](link to Privacy Policy) applies to the processing of personal data. You can read which personal data we process, for what purpose, and on what legal basis in our Privacy Policy, available on our website and in the App.
LINKS TO THIRD-PARTY WEBSITES
Our website may contain links to websites owned or operated by third parties. Such links are provided for your reference only. The Company does not monitor or control outside websites and is not responsible for their content. The inclusion of links does not imply endorsement by the Company.
CHANGES TO THESE TERMS
We reserve the right to change these Terms without prior notice. You should review the most up-to-date version of these Terms before using our Services.
MISCELLANEOUS
The contractual language is English. The contractual relations are governed by the law of Estonia, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer and do not reside in Estonia, the contractual relationship is subject to the laws of Estonia, excluding the CISG, unless mandatory provisions of the laws of your country provide otherwise.
Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall replace the ineffective provision with a legally effective provision that comes closest to the economic sense and purpose of the ineffective provision. The same applies to loopholes.
