Vizr Technology

Developer of NeuroVizr™️ –The Change Maker. We help people getting better lives.

General Terms and Conditions

These General Terms and Conditions (“Terms“) apply to all users of the devices and services accessible through https://neurovizr.com (the “Website”) and the NeuroVizr™️ mobile application (the “App”) (the “Services”) (The “User” or “You”) provided by Vizr Technology OÜ. (“NeuroVizr,” the “Company” or “Us” or “We”) registered at the address Meistri 16 – 204, Tallinn, Estonia 13517 insofar as no individual contractual agreements have been made.

You may access these Terms on our websites or in the App anytime, enabling You to view, download, save, and read them. You can also access and print them when creating an Account, and we also send the Terms to You as part of the confirmation email.

The version of the Terms valid at the time of the conclusion of a contract shall apply.

Devices

NeuroVizr™️ provides You a home-use, personal wearable device (the „Device“). The Device will be sold to You as an “over-the-counter” purchase and is not considered a medical device. The unit is placed on the head in a position similar 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 eyes of the user.

Services

NeuroVizr™️ provides You with a wide range of content used with the device and related to mental well-being and mindfulness, particularly 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. When registering an Account, You will be asked to provide us with specific personal data such as name, address, and email address and to create a password. Registration is free of charge. There is no right to registration. By sending the registration form, you offer to conclude a user agreement (the “Member Contract”) with NeuroVizr™️ that is subject to these General Terms and Conditions. When Company accepts the registration, You will receive a confirmation email. With the receipt of the confirmation email, the Member Contract with NeuroVizr™️ is concluded. 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.

Free Services

Some parts of our Services are available to You unlimited and free of charge. However, You must register a User Account to use them.

Paid services

1. Signature Collections

Our Signature Collections present themes and sessions for different moods and needs. Each experience results in a “probability state” that molds intimately into your mind. We currently offer you a choice of unique and emotionally enriching experiences in the following collections:

Better Sleep – With early, mid-day, and evening options, our sessions are designed to regulate your Circadian Cycle for optimal rest.

Brain Gym – Our Light/Sound experiences target specific aspects of healthy brain functioning, making it easier to achieve the desired effects during Brain Gym sessions.

Mind States – Each session is intentionally designed with a specific theme, purpose, or intent, allowing you to experience positive short-term Mind STATES while establishing long-term Mind TRAITS through neuroplastic changes in the brain.

Signature collections can be accessed by choosing one of the offered subscription plans we introduce below.

2. Special Collections

Our Special Collections contain sessions created in collaboration with music artists, composers, or the best practitioners in their field who are active in various areas of the body and mind well-being or physical performance. Collections can be accessed by paying for them as in-app purchases, and from the moment we make this option available in the App.

Subscription Plans

NeuroVizr™️ Polaris

With NeuroVizr™️ Polaris, You get 1-year full access to the entire selection of our Signature Collections. In addition, you get a 20% discount on In-app purchases as soon as this option is available in the App.

NeuroVizr™️ Orion

With NeuroVizr™️ Orion, you can access the entire selection of our Signature collections as a one-time purchase. In addition, you get a 30% discount on In-app purchases as soon as this option is available in the App.

General Requirements for Subscriptions to all Services

To use the Services, You must have Internet access, a device that can utilize the NeuroVizr™️ Services, and a valid form of payment. You authorize us to charge any payment. You provide with your subscription.

Conclusion of Contract

Availability of the below services is subject to change and can be amended at Company’s discretion. The mention of 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, the User makes a binding offer to conclude a contract for buying a Device, the selected Services, and the Subscription Plan. The acceptance of the offer (and, therefore, the conclusion of the contract) is affected by the confirmation of the offer by the Company via e-mail. The confirmation of the offer is sent after the irrevocable payment has been made by the user.

Payment

NeuroVizr™️ Polaris

Our paid subscription for NeuroVizr™️ Polaris is payable in advance for the entire subscription period agreed upon at the time of purchasing a Device and booking according to your Subscription Plan. You agree that NeuroVizr™️ may charge the fees for the entire subscription period or other In-App purchases to the same credit card used for the initial Subscription fee or to the other payment instrument. You provided.

NeuroVizr™️ Orion

Our paid subscription for NeuroVizr™️ Orion is payable in advance at the time of purchasing a Device. You agree that NeuroVizr™️ may charge the fees for the entire subscription period or other In-App purchases to the same credit card used for the initial Subscription fee or to the other payment instrument. You provided.

Special Collections and other services

Special Collections and other services will be charged immediately upon purchase to your selected payment method.

Use of the Device

NeuroVizr™️ device will be shipped to you after the payment is received. If you want to know more about shipping conditions, please refer to our Shipping Policy.

IMPORTANT! When using the device for the first time, the user must first read the user manual of the device (the „IFU“). If you give the device to a third party who does not have a valid user account and has not used the device before, the user must introduce the IFU to the person interested in using the device.

The IFU can be found here, on the user profile in the App, or on the copy that comes with the device.

Termination of the Services

By the User

• You may cancel your subscription at any time with effect from the end of your current subscription period by sending your request to customer@neurovizr.comor through the settings in the App via the button “terminate the subscription.”
• After clicking the button or upon our acceptance of your email request, You will receive a confirmation of receipt of your cancellation to the email You provided during registration.
• If You do not cancel your subscription before the end of your current subscription period, the subscription will continue for a further period.
• The right to terminate the contract for cause remains unaffected.

By the Company

We may extraordinarily suspend or terminate your use of the Services for cause, including, without limitation, fraud on your part. Such termination or suspension may be affected immediately and without prior notice, if it is not reasonable for the Company to notify You in advance, taking into account the circumstances of the individual case and weighing the interests of both parties. Good cause entitling us to terminate your use of the Services for cause exists, in particular, if:

• You copy or download the content of the Services without permission,
• Your use of the Services may violate any applicable laws or regulations.

Right of withdrawal

By using our Services, You agree and acknowledge that Our Services are deemed as “immediately performed services on the electronic platform” and that You shall not have the right to withdraw. No payment is to be refunded, in accordance with Article 15 of the Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188. The general terms and conditions of the Apple App Store and Google Play Store shall be applied to the purchases conducted through them accordingly.

You can request a refund from Apple only for purchases conducted through the Apple App Store. Apple acts as the distributor and handles refunds for all purchases made through the Apple App Store. You accept and acknowledge that We cannot make a refund for purchases conducted through the Apple App Store. For more information on Apple’s refund process, please refer to them

For purchases conducted through Google Play Store and/or the Website, We evaluate the refund requests at Our sole discretion, provided that the refund request is submitted within 30 days following the conclusion of the contract.

The withdrawal right expires 30 days after the conclusion of the contract if the Company has provided the Service within the same period.

If you want to return the Device, please refer to our Refund Policy for information on how you may return the Device.

No warranties, exclusion of liability

Our website and App are operated on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, the Company specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement for our website and any contracts and services you purchase through it. The Company shall not have any liability or responsibility for any errors or omissions in the content of our website, for contracts or services sold through our website, for your action or inaction in connection with our website, or any damage to your computer or data or any other damage you may incur in connection with our website. Your use of our website and any contracts or services are at your own risk.

In no event shall either the Company or their 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 purchased through our website, the delay or inability to use our website or otherwise arising in connection with our website, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. In no event shall the Company’s liability for any damage claim exceed the amount paid by you to the Company for the transaction giving rise to such a damage claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

Without limiting the foregoing, the Company does not represent or warrant that the information on the website is accurate, complete, reliable, useful, timely, or current or that our website will operate without interruption or error.

You agree that at all times, you engage a qualified medical practitioner from whom you purchase services for any claims of any nature, including loss, damage, or warranty. The Company and its respective affiliates make no representation or guarantees about any products and services offered through our website regarding diagnosing, preventing, curing, or treating medical conditions or diseases.

The Company makes no representation that content provided on our website or related services are applicable or appropriate for use in all jurisdictions.

Disclaimer

NeuroVizr™️ is a provider of personal wellness devices and content related to brain wellness. We are not a health care or medical device provider, nor do our Services constitute medical advice. Only your physician or another healthcare provider can do so.

NeuroVizr™️ makes no representations, warranties, or assurances that the Services provide any therapeutic benefit.

You acknowledge that we are not physicians or other healthcare providers. You will always look to any medical practitioner you select for services as to any medical claims related to such services. We do not otherwise guarantee any product’s medical or health accuracy or applicability to your medical needs.

All health information links to the Services, and/or recommendations or other materials provided by the Company or outside vendors are provided for non-binding general informational purposes only.

Recommendations and other materials we provide are intended to enhance, but not replace, the relationship between You and your healthcare providers. We assume no liability for any consequences resulting from You having read or others telling You about these recommendations or other materials. Rather, You take sole responsibility for your decisions and actions.

Intellectual Property

NeuroVizr™️ grants the User the non-exclusive, non-sublicensable, and non-transferable right, limited in time and withdrawable at any time, to access the Services via the Website or App provided by the Company solely for the purposes set forth herein and to use them accordingly. Any further use of the Website or the App, including the images, characters, icons, or product descriptions displayed, is not permitted without Company’s express consent.

When using the Website or the App, copying, modifying, or creating derivative works is prohibited based on the information displayed therein and the software related to the Services. It is not permitted to extract (e.g., by “scraping”) the services depicted on the Website or the App and/or reuse the information outside the Website or the App.

Indemnification

You agree to defend, indemnify and hold the Company, its affiliates, employees, agents, officers, or directors liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use, the device, the app, the website, any websites linked to it, any content in the app or on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The limitation of liability set out above does not apply to liability resulting from our gross negligence, willful misconduct, death, or bodily injury caused by products you purchase through the website and usage accordingly with the IFU. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Availability

The company does not guarantee the availability of the Website and/or App at any time or the occurrence and/or proper technical transmission of the offered services. Company endeavors to make the Website and the App available for use by the User as uninterruptedly as possible. Nevertheless, downtimes may occur due to maintenance work and technical problems. The User is not entitled to any claims due to possible downtimes. The company does not guarantee that all services or parts thereof can be used from any location. The company is entitled without prior notice to change or adapt the Website or App, e.g., due to legal requirements or technical developments. The company reserves the right to delete the Website and/or App in parts or as a whole and to discontinue the offer temporarily or permanently.

Performance delays, technical requirements

Delays in performance due to force majeure and extraordinary and unforeseeable events, which cannot be prevented even by the utmost care of the Company (this includes, in particular, strikes and official or judicial orders), the Company is not responsible. The user entitles us to postpone the provision of services for the duration of the upcoming event.

Using the services offered by the Company requires appropriate compatible equipment and regularly sufficient Internet access, which the User must provide at his responsibility and expense. The Company assumes no responsibility for the loss or improper transmission of information and/or Services because the User has not created the necessary conditions.

Data Protection

In the context of using our services, it is necessary to process certain personal data of our users. For the processing of our user’s data by us, our Privacy Policy applies, which is available here, on our website, and in the app. In our Privacy Policy, You can read which personal data we process, for what purpose they are processed, and on what legal basis.

Links to third-party websites

Our website may contain links to websites owned or operated by parties other than the Company. Such links are provided for your reference only. The Company does not monitor or control outside websites and is not responsible for their content. Company’s inclusion of links to an external website does not imply any endorsement of the material on our website or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor, nor does Company inclusion of the links imply that the Company is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.

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 between the parties are governed by the law of Singapore, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If You are a consumer and do not reside in Singapore, the contractual relationship is subject exclusively to the laws of Singapore, excluding the CISG, unless mandatory provisions of the laws of the country in which You have your habitual residence provide otherwise.

Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions of the Terms. The contracting parties shall replace the ineffective provision by mutual agreement with such a provision that comes closest to the economic sense and purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.