Terms of Use

Revised November 04. 2025

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between You and Neuro20 Technologies, Corp. (“Neuro20”, “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Neuro20 PRO System, including the associated mobile application (“App”), web-based portal (“Webpanel”), and related services, including any content, functionality, and services, whether as a guest or a registered user (collectively, the “Neuro20 PRO System”).

Please read the Terms of Use carefully before you start to use the Neuro20 PRO System. By using the Neuro20 PRO System, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Neuro20 PRO System.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Neuro20 PRO System thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Neuro20 PRO System. 

Your continued use of the Neuro20 PRO System following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

LICENSE GRANT

Subject to your compliance with these Terms of Use, Neuro20 grants you a limited, non-exclusive, non-transferrably, revocable license to download, install, and use the App, and to use the Webpanel, and related software solely in connection with the indended use of Neuro20 PRO System. On Apple-branded devices that you own or control, your rights to use the Licensed Application remain subject to both these Terms and the Apple Media Services Terms and Conditions. The Licensed Application may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing, where permitted by Apple. All rights not expressly granted are reserved by Neuro20. 

You may stop using the Neuro20 PRO System at any time. Upon termination, the license granted to you under these Terms will automatically end.

You and Neuro20 acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the Licensed Application. Upon your acceptance of these Terms, Apple shall have the right (and be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. 

ACCESSING THE NEURO20 PRO SYSTEM AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Neuro20 PRO System, and any service or material we provide on the Neuro20 PRO System, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Neuro20 PRO System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Neuro20 PRO System, or the entire Neuro20 PRO System, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Neuro20 PRO System.

• Ensuring that all persons who access the Neuro20 PRO System through your internet connection are aware of these Terms of Use and comply with them.

 To access the Neuro20 PRO System or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Neuro20 PRO System that all the information you provide on the Neuro20 PRO System is correct, current, and complete. You agree that all information you provide to register with this Neuro20 PRO System or otherwise, including, but not limited to, through the use of any interactive features on the Neuro20 PRO System, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Neuro20 PRO System or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Neuro20 PRO System and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Neuro20 PRO System for your personal or authorized commercial purposes, including clinical, therapeutic, or organizational use, provided such use is in accordance with these Terms of Use and all applicable laws and regulations. You may not resell, sublicense, or otherwise commercially exploit the Neuro20 PRO System except as expressly permitted in a separate written agreement.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Neuro20 PRO System, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Neuro20 PRO System for your own personal use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

• Attempt to reverse engineer, decompile, or disassemble any part of the Neuro20 PRO System, except as permitted by applicable law.

If you wish to make any use of material on the Neuro20 PRO System other than that set out in this section, please address your request to: info@neuro20.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Neuro20 PRO System in breach of the Terms of Use, your right to use the Neuro20 PRO System will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Neuro20 PRO System or any content on the Neuro20 PRO System is transferred to you, and all rights not expressly granted are reserved by the Company.  

Any use of the Neuro20 PRO System not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

In the event of a third-party claim that the Licensed Application or your possession and use of it infringes intellectual property rights, Neuro20, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim, provided that Neuro20 shall have no liability for claims arising from modifications made by you or use outside the scope of these Terms. 

TRADEMARKS

The Company name – Neuro20, the terms Neuro20 PRO, Neuro20 SOLO, Neuro20 Efficient Health, Neuro20 Technology that Moves You, the Company/Neuro20 Logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Neuro20 PRO System are the trademarks of their respective owners. 

PROHIBITED USES

You may use the Neuro20 PRO System only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Neuro20 PRO System:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Neuro20 PRO System, or which, as determined by us, may harm the Company or users of the Neuro20 PRO System, or expose them to liability.

Additionally, you agree not to:

• Use the Neuro20 PRO System in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Neuro20 PRO System, including their ability to engage in real time activities through the Neuro20 PRO System.

• Use any robot, spider, or other automatic device, process, or means to access the Neuro20 PRO System for any purpose, including monitoring or copying any of the material on the Neuro20 PRO System.

• Use any manual process to monitor or copy any of the material on the Neuro20 PRO System, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Neuro20 PRO System.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Neuro20 PRO System, the server on which the Neuro20 PRO System is stored, or any server, computer, or database connected to the Neuro20 PRO System.

• Attack the Neuro20 PRO System via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise, attempt to interfere with the proper working of the Neuro20 PRO System.

• Attempt to reverse engineer, decompile, or disassemble the Neuro20 PRO System (except as permitted by applicable law).

• Circumvent or attempt to circumvent any security or technical controls.

• Use the Neuro20 PRO System in violation of applicable laws or regulations, including medical device regulations.

• Use the Neuro20 PRO System in a way that could cause damage, disable, overburden, or impair it.

• Attempt to gain unauthorized access to any accounts, systems, or networks.

• Interfere with or disrupt the operation of the Neuro20 PRO System.

• Use the Neuro20 PRO System for fraudulent, unlawful, or unauthorized purposes.

EXPORT COMPLIANCE

In particular, you may not use or otherwise export or re-export Neuro20 Products except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, Neuro20 Products may not be exported or re-exported into (or to a national or resident of) any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List. By using Neuro20 Products, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

MEDICAL AND REGULATORY DISCLAIMER

The Neuro20 PRO System is intended to be used only for the indications cleared by the U.S. Food and Drug Administration (FDA) and other applicable regulators. The Neuro20 PRO System is regulated as a medical device only in certain jurisdictions where it has received clearance or approval from the appropriate regulatory authorities. In other jurisdictions, the Neuro20 PRO System may be marketed or sold as a wellness, fitness, or consumer product, and not as a medical product. The classification and regulatory status of the Neuro20 PRO System therefore varies depending on where you are located and how the product is used. 

It is your responsibility to understand and comply with the laws and regulations that apply in your jurisdiction regarding the use of the Neuro20 PRO System. Neuro20 disclaims any responsibility or liability for use of the Neuro20 PRO System in a manner that does not comply with the applicable regulatory framework in your country or region.

The Neuro20 PRO System is not a substitute for professional medical judgment, diagnosis, or treatment. Clinical decisions should be made by qualified healthcare providers, not by reliance solely on the Neuro20 PRO System.

Any training, demonstrations, explanations, or guidance provided by Neuro20 or its personnel regarding the use of Neuro20 Products are for general informational and operational purposes only and shall not be considered medical advice. Neuro20 disclaims all liability for any reliance on such information. All clinical, therapeutic, or treatment-related decisions must be made by licensed healthcare providers in accordance with their professional judgment, applicable standards of care, and applicable laws and regulations. Neuro20 shall not be responsible for any injury, claim, or damages arising from treatment decisions or clinical outcomes, even where such decisions are informed by training or information provided by Neuro20.

Neuro20 disclaims all liability for use outside of the cleared indications or instructions for use.

You are responsible for ensuring that your use of Neuro20 Products complies with all applicable laws, rules, and regulations, including but not limited to medical device regulations, professional licensing requirements, and healthcare privacy laws in your jurisdiction. Neuro20 disclaims any responsibility for use of Neuro20 Products in a manner that violates applicable law.

Neuro20 is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). In certain circumstances, Neuro20 may act as a “business associate” under HIPAA or as a “data processor” under the General Data Protection Regulation (GDPR). In such cases, our collection, use, and disclosure of protected health information (PHI) and personal data, as well as policies regarding Business Associate Agreements (BAAs), are governed by our Privacy Policy, and, where applicable, by separate contractual agreements with healthcare providers or organizations.

If Neuro20 Products are used in research studies, clinical trials, or other investigational contexts, it is the sole responsibility of the sponsoring organization, investigator, or healthcare provider to obtain and maintain all required approvals, consents, and oversight (including but not limited to Institutional Review Board (IRB) or ethics committee approval). Neuro20 does not assume responsibility for ensuring compliance with research regulations, ethical standards, study protocols, or participant consent requirements. Any investigational or research-related use of the Neuro20 PRO System must be conducted under the supervision and responsibility of the appropriate investigator or institution, in accordance with applicable laws, regulations, and professional standards.

AGE LIMITATIONS

The Neuro20 PRO System is intended to be used only for the age groups, indications, and purposes that have been cleared or approved by the U.S. Food and Drug Administration (FDA) and other applicable regulatory authorities. The system is not designed for or intended to be used by children or minors outside the cleared age range unless expressly authorized under applicable regulatory approvals. Physicians and licensed healthcare providers are solely responsible for determining whether use of the Neuro20 PRO System is appropriate for a particular patient in accordance with the device’s cleared indications, age restrictions, instructions for use, and all applicable medical and regulatory requirements.

Neuro20 is not responsible or liable for any use of the Neuro20 PRO System outside of these regulatory limitations, including use with patients below the cleared age range, use for unapproved indications, or any other off-label or investigational use. All such responsibility rests with the prescribing or supervising healthcare provider.

USER CONTRIBUTIONS

The Neuro20 PRO System may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Neuro20 PRO System.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Neuro20 PRO System, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Use.

 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Neuro20 PRO System.

You are solely responsible for any information, including personal or sensitive information, that you choose to share through the Neuro20 PRO System’s interactive features. Neuro20 does not monitor or control what you post and is not responsible for any disclosure of personal health information (PHI) or other sensitive data that you voluntarily publish. Posting such information is at your own risk.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Neuro20 PRO System or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Neuro20 PRO System.

• Terminate or suspend your access to all or part of the Neuro20 PRO System for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Neuro20 PRO System. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Neuro20 PRO System, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

COPYRIGHT INFRINGEMENT

If you believe that any User Contributions violate your copyright, please contact us at info@neuro20.com.  It is the policy of the Company to terminate the user accounts of repeat infringers.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Neuro20 PRO System is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Neuro20 PRO System, or by anyone who may be informed of any of its contents.

This Neuro20 PRO System may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE NEURO20 PRO SYSTEM

We may provide updates, patches or upgrades to the Neuro20 PRO System. These Terms apply to all such updates unless accompanied by separate terms. We do not guarantee uninterrupted or error-free operation of Neuro20 Products

We may update the content on this Neuro20 PRO System from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Neuro20 PRO System may be out of date at any given time, and we are under no obligation to update such material.

Neuro20 alone is responsible for providing any maintenance and support services with respect to the Licensed Application as required under these Terms or applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services. Neuro20 may, at its sole discretion, discontinue or modify support at any time. 

INFORMATION ABOUT YOU AND YOUR VISITS TO THE NEURO20 PRO SYSTEM

All information we collect on this Neuro20 PRO System is subject to our Privacy Policy. By using the Neuro20 PRO System, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE NEURO20 PRO SYSTEM AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.  

This Neuro20 PRO System may provide certain social media features that enable you to:

• Link from your own or certain third-party Apps to certain content on this Neuro20 PRO System.

• Send emails or other communications with certain content, or links to certain content, on this Neuro20 PRO System.

• Cause limited portions of content on this Neuro20 PRO System to be displayed or appear to be displayed on your own or certain third-party Apps.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Neuro20 PRO System or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Company’s website other than the homepage.

• Otherwise, take any action with respect to the materials on this Neuro20 PRO System that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE NEURO20 PRO SYSTEM

If the Neuro20 PRO System contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Apps linked to this Neuro20 PRO System, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps. You must comply with all applicable third-party terms when using the Licensed Application. Neuro20 shall not be responsible for any fees, obligations, or limitations imposed by such third parties, including your wireless data service provider.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Neuro20 PRO System will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE NEURO20 PRO SYSTEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE NEURO20 PRO SYSTEM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

ON APPLE-BRANDED DEVICES THAT YOU OWN OR CONTROL, IF THE LICENSED APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOUR SOLE REMEDY IS TO NOTIFY APPLE, WHICH MAY REFUND THE PURCHASE PRICE (IF ANY). TO THE FULLEST EXTENT PERMITTED BY LAW, APPLE SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER, AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO SUCH FAILURE WILL BE THE SOLE RESPONSIBILITY OF NEURO20, SUBJECT ALWAYS TO THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS, AND ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW. YOU FURTHER ACKNOWLEDGE THAT NEURO20, NOT APPLE, IS SOLELY RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE LICENSED APPLICATION OR YOUR POSSESSION OR USE OF IT, INCLUDING BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) CLAIMS THAT THE LICENSED APPLICATION FAILS TO CONFORM TO APPLICABLE LEGAL OR REGULATORY REQUIREMENTS; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR LAWS, INCLUDING IN CONNECTION WITH THE LICENSED APPLICATION’S USE OF HEALTHKIT, HOMEKIT, OR OTHER FRAMEWORKS. NEURO20 DOES NOT UNDERTAKE RESPONSIBILITY BEYOND WHAT IS REQUIRED BY APPLICABLE LAW, AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY USE OF THE LICENSED APPLICATION NOT IN ACCORDANCE WITH THESE TERMS OR THE CLEARED/APPROVED INDICATIONS FOR NEURO20 PRODUCTS.

YOUR USE OF THE NEURO20 PRO SYSTEM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE NEURO20 PRO SYSTEM IS AT YOUR OWN RISK. THE NEURO20 PRO SYSTEM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE NEURO20 PRO SYSTEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE NEURO20 PRO SYSTEM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE NEURO20 PRO SYSTEM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE NEURO20 PRO SYSTEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE NEURO20 PRO SYSTEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE NEURO20 PRO SYSTEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NOTHING IN THESE TERMS LIMITS ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE CONSUMER PROTECTION OR MEDICAL DEVICE LAWS THAT CANNOT BE EXCLUDED OR LIMITED BY CONTRACT

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE NEURO20 PRO SYSTEM, ANY APPS LINKED TO IT, ANY CONTENT ON THE NEURO20 PRO SYSTEM OR SUCH OTHER APPS, 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 FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Neuro20 PRO System, including, but not limited to, your User Contributions, any use of the Neuro20 PRO System ‘s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Neuro20 PRO System.

ASSIGNMENT

You may not assign, transfer, or delegate any rights or obligations under these Terms of Use without Neuro20’s prior written consent, and any attempted assignment in violation of this provision shall be null and void. Neuro20 may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

FORCE MAJEURE

Neuro20 shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in performance caused by or resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, labor disputes, strikes, power or internet failures, service interruptions, cyberattacks, or failures of third-party hosting or service providers.

GOVERNING LAW AND JURISDICTION

All matters relating to the Neuro20 PRO System and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Neuro20 PRO System shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Tampa and County of Hillsborough, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Neuro20 PRO System, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. 

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE NEURO20 PRO SYSTEM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and Neuro20 regarding the Neuro20 PRO System and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Neuro20 PRO System .

YOUR COMMENTS AND CONCERNS

The Neuro20 PRO System, including the App and Webpanel, is operated by Neuro20, located at 140 Pine Avenue North, Oldsmar, Florida, United States, 34677.

All feedback, comments, requests for technical support, and other communications relating to the Neuro20 PRO System should be directed to: info@neuro20.com