NOTHING IN THIS APP SHOULD BE CONSTRUED AS MEDICAL ADVICE OR A DIAGNOSIS OF ANY CONDITION. THE CONTENTS OF THIS APP ARE FOR INFORMATIONAL PURPOSES ONLY, AND THEY DO NOT CONSTITUTE, AND ARE NOT INTENDED TO SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THE USERS OF THIS APP ARE ENCOURAGED, AND ARE EXPECTED, TO CONSULT WITH PHYSICIANS, MEDICAL ADVISORS, AND OTHER APPROPRIATE HEALTH CARE PRACTITIONERS REGARDING SPECIFIC MEDICAL DIAGNOSES OR CONDITIONS OR GENERAL HEALTH ISSUES. WE DO NOT SUGGEST OR RECOMMEND ANY PROCEDURES, PRACTICES, EQUIPMENT OR OTHER ITEMS THAT ARE COMPONENTS OF OR RELATED TO MEDICAL PRACTICE, NOR DO WE RECOMMEND ANY PHYSICIANS OR OTHER MEDICAL OR HEALTH CARE PRACTITIONERS OR INSTITUTIONS. YOU SHOULD NOT DISREGARD MEDICAL ADVICE BASED ON ANYTHING IN THIS APP OR ATTEMPT TO FOLLOW ANY PROGRAMS OR HEALTH RELATED SUGGESTIONS WITHOUT FIRST CONSULTING WITH YOUR PHYSICIAN OR MEDICAL PROFESSIONAL. THE GENERAL INFORMATION PROVIDED HERE CANNOT BE RELIED ON TO APPLY TO SPECIFIC CASES AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.
This Neuroinversa Mobile App License (“Agreement“) is a binding agreement between you (“End User” or “you“) and Neuroinversa, LLC (“Company“). This Agreement governs your use of the Neuroinversa™ mobile application, (including all related documentation, the “App“). The App is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA AND ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
- License Grant. Subject to the terms of this Agreement (the “Terms”), Company grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and
(b) access, , download, and use on such Mobile Device the content and services made available in or otherwise accessible through the App, strictly in accordance with this Agreement. - License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not:
(a) copy the App, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
(f) use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
(g) use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent;
(h) frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile application, website, or service;
(i) use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App; or
(j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App. - Google. This sub-section only applies to the extent you are using our App on an Android device in connection with the Services. Company grants you a nonexclusive, worldwide, and perpetual license to perform, modify color of, or add themes to, the App’s icons, display (including with the color and theme modifications), and use the App. You acknowledge that this Agreement is between you and us only, not with Alphabet Inc. (“Google”), and Google is not responsible for the App and the content thereof. You agree that Google is not responsible for any maintenance and support services in connection with the App. In addition, subject to your compliance in all material respects with the Terms, if you access or use the App on Google Play Store, you must comply with the usage rules set forth in the Google Play Store Terms of Service, as applicable. Android application may use Google Play Services for the App to work properly, including, without limitation, Google Maps services, Google Analytics, Google In-app Billing, and other Google applications. In the event of a conflict between this Agreement and the Google Play Developer Distribution Agreement, the Google Play Developer Distribution Agreement will supersede this Agreement. Google will not be responsible for, and will not have any liability whatsoever under this Agreement
- Apple. This sub-section only applies to the extent you are using our mobile application(s) on an iOS device in connection with the App. You acknowledge that this Agreement is between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for the App and the content thereof. Your right to use the App in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. All such responsibility is allocated between us and you under this Agreement. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such third-party claim. You agree to comply with any applicable third-party terms when using the App. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.
In addition, subject to your compliance in all material respects with the Terms, if you access or use the App on Apple iOS, you must comply with the usage rules set forth in the iTunes App Store Terms of Service, as applicable. iOS application may use Apple Services for the App to work properly, including, without limitation, iCloud services and Apple In-App Purchase service. - Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. You acknowledge that except as otherwise expressly provided in this Agreement, Company exclusively owns all rights to the App, including all the software, design, content, trademarks, and any updates or modifications. You may not remove or alter any copyright or trademark notices on the App. Also, if the App includes third-party components, you can only use those with the App and in accordance with the terms presented, and not for any other purpose. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, Company may use automatic means (including, for example, cookies) to collect video, images and biometric data about the user, information about your Mobile Device and about your use of the App. You will required to provide your email address as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Policy https://apps.neuroinversa.com/privacy_policy.html. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- Feedback. If you give us any suggestions, comments, or other feedback regarding the App, you understand that you are giving us the unlimited right to use those suggestions, comments, or other feedback for any purpose, in our discretion, without us having to pay you or provide you with any other additional consideration.
- Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement. - Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. Notwithstanding anything to the contrary, Third-Party Materials constituting software are distributed to you (not sublicensed) subject to the license terms required by such third party. You must comply with the applicable third party terms of agreement when using the App. The notices and license terms of such third parties or links thereto are set forth at the end of this Agreement.
- Term and Termination.
(a) The term of Agreement commences when you download the App and will continue in effect until terminated by you or Company as set forth in this section.
(b) You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.
(c) Company may terminate this Agreement at any time for any reason or no reason without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination all rights granted to you under this Agreement will also terminate and you must cease all use of the App and delete all copies of the App from your Mobile Device and account.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity. - Disclaimer of Warranties. THE APP IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. - Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP OR [$100].
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. - Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonableattorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.
- Export Regulation. The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
- US Government Rights. The App is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
- Company Contact Information. Your questions, complaints or claims with respect to the App should be directed to the Company at:
Neuroinversa, LLC
6 Tocci Ave. Monmouth Beach, NJ. 07750
info@neuroinversa.com
732-492-6727 - Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey in each case located in Monmouth County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.