Terms of Service
Welcome to Seesaw Health! This website: www.seesaw.health (the “Website”) and the use of our proprietary innovative breathwork guide and tracker (the "egg Device"), and Seesaw Health mobile application and Seesaw Health games application that are available at Google Play Store and Apple App Store (the “Seesaw Health Application” or simply “Application” or “App”) together with any content, tools, features and functionality offered on or through our Site and the App (collectively, the "Services") are provided, owned, and controlled by NeurodigitX Systems Inc (“NeurodigitX,” “we,” “our,” or “us”).
NeurodigitX Systems Inc, is a corporation organized under the laws of Delaware (USA), located at 8000 Avalon Blvd, Suite 100, Alpharetta, Georgia 30009.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE, DEVICE AND APPLICATION
In order to use the Website and the Seesaw Health Application and product, you will be requested to review and agree to the following Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions and our Privacy Policy, please do not use the Seesaw Health Products and Services, the website, the Seesaw Health Application, or any of their parts.
By entering, connecting to, subscribing to, accessing or using the Services and/or by setting up an Account, you acknowledge that you have read and understood these terms of use (the “Terms of Use”), including the terms of our Privacy Policy (the “Privacy Policy” and collectively with the Terms of Use, the “Terms”) and you agree to be bound by the Terms and to comply with all applicable laws and regulations regarding your use of the Services and acknowledge that these Terms constitute a binding and enforceable legal contract between NeurodigitX and yourself. Capitalized terms which are not defined herein have the meaning ascribed to them in our Privacy Policy.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICES OR ANY PART THEREOF IN ANY MANNER.
By acceptance of the Terms, you represent that any and all information you provide us through the Services is true and accurate. The provision of any false or fraudulent information is strictly prohibited. You further consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, in-app push notifications, or by notices and messages on the Website. You may revoke your consent to any individually targeted communications at any time by contacting us by email using hello@seewsaw.health
We may alter, suspend, discontinue or subcontract our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer with Internet access that can access our Site or a compatible mobile device enabled with our application.
When using our Services your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of your use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
NOT MEDICAL ADVICE OR HEALTH CARE SERVICES:
NEURODIGITX AND ITS SERVICES DO NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, NOR DO IT PROVIDE ANY PROFESSIONAL HEALTH RELATED ADVICE OR ANY MEDICAL DIAGNOSES. THE SERVICES ARE PROVIDED “AS IS.” NEURODIGITX HAS NO LIABILITY WHATSOEVER WITH RESPECT TO THE INFORMATION AND SUGGESTIONS PROVIDED, GENERATED, OR CONCLUDED IN CONNECTION WITH THE USE OF THE SERVICES. ANY INFORMATION GENERATED, PROVIDED, OR CONCLUDED USING THE SERVICES IS DEPENDENT ON THE ACCURACY AND RELIABILITY OF INFORMATION ENTERED AND UPLOADED BY YOU. YOU AGREE THAT NEURODIGITX IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE SERVICES, AND THE RELIANCE ON ANY INFORMATION OR SUGGESTION PROVIDED THEREBY, BY YOU OR ANY OTHER USER. UNLESS EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, NEURODIGITX DOES NOT IN ANY WAY, ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN WHOLLY OR PARTIALLY IN RELIANCE ON THE SERVICES OR ANY INFORMATION CONVEYED VIA THE SERVICES, OR OBTAINED THEREFROM, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICE OR USE THEREOF. THE NEURODIGITX DEVICE IS NOT AN INSTRUMENT, APPARATUS, IMPLEMENT, MACHINE OR CONTRIVANCE, OR OTHER SIMILAR OR RELATED ARTICLE, INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, OR INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF THE BODY. ANY DECISION OR ACTION YOU TAKE BASED ON ANY OUTPUT AND/OR INFORMATION PROVIDED VIA USE OF THE NEURODIGITX DEVICE IS TAKEN AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES AND THE NEURODIGITX DEVICE ARE ENTIRELY AT YOUR OWN RISK.
Registration and User Account
In order to use the Services, you first must register and open a User account on the App and/or the Website (the “Account”). Registration must be completed by providing NeurodigitX with registration information required by NeurodigitX which may be comprised of: your name, phone number, e-mail address, date of birth, gender, and other demographic or personal information. You shall provide accurate, complete and up-to-date information in connection with the use of the Services.
During the registration process, you will be required to choose a password and username for your Account. You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username, and password) of your Account and for all activities that occur under your Account.You agree not to disclose your login credentials to any third party other than a medical provider or your personal caretaker, and you are responsible for any use or misuse by any third party if you do choose to disclose these credentials to the third party. If you forget your password, you can request through the Services to have a new password issued and sent to your registered-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to temporarily suspend or permanently terminate your Account if we determine that you or anyone using your Account violates these Terms.
You must notify us immediately of any unauthorized use of your Account or login credentials or any other breach of security to which you become aware. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You shall be liable for the losses of NeurodigitX and/or others due to any such use.If you wish to modify your Account information, or if you wish to terminate your Account, you may do so by contacting Seesaw Health support available at hello@seesaw.health. Your Account will be terminated within a reasonable time following your request in accordance with the Privacy Policy, and from that date you will no longer be able to access your Account, and without derogating from any right or claim available to us, any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. NEURODIGITX SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
Use Restrictions.
There are certain conducts which are strictly prohibited in our Services. Please read the following restrictions carefully.
Your failure to comply with the provisions set forth herein may result (at NeurodigitX’s sole discretion) in the suspension or termination of your access to the Services and may also expose you to civil and/or criminal liability.
You may not, and may not allow any third party to: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or any of the NeurodigitX information and resources about the Services, NeurodigitX’s systems and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and other features (collectively, the “Content”) or other Intellectual Property (as defined below), in any way or publicly display, perform, or distribute them; (ii) make any use of the Services and/or Content on any website or networked computer environment other than for your personal use in the Website or App, or replicate or copy the Content without NeurodigitX’s prior written consent; (iii) create a browser or border environment around NeurodigitX’s Services, Content and any part thereof (no frames or inline linking); (iv) interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services without their express and informed consent, including using any robot, spider, website search or retrieval application, or other manual or automatic device or process to retrieve, index, or mine, any data or content; (v) use the Services to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with our Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of our Services, or the servers or networks that host our Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Services, the Intellectual Property, and the Content including use our Services, the Intellectual Property and/or the Content for non-personal or commercial purposes without NeurodigitX’s express prior written consent or pursuant to an express written agreement with NeurodigitX; (ix) frame or mirror any part of the Website without NeurodigitX’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from our Services; (xi) function as a service bureau and provide access to data generated from our Services without the prior written consent of NeurodigitX; (xii) transfer and/or assign the User’s Account’s password, even temporarily, to a third party other than the User’s own personal caretaker for use in providing care to the User; (xiii) upload, display, convey and/or otherwise communicate to NeurodigitX or to any Users, any information, imagery and other content which is proprietary information of any third party without such third party’s explicit consent; or (xv) use our Services for any illegal or unauthorized purpose.
Use by Minors.
If you are under 18 years of age, please do not visit or use the Services without the guidance and supervision of your parent or legal guardian who registered to the Services on your behalf.
TO USE THE SERVICES AND OPEN A USER ACCOUNT YOU MUST BE OVER THE AGE OF EIGHTEEN (18). If you are under 18 years old, then your parent or legal guardian must read, understand and accept Terms with respect to your use of the Services prior to any such use.
Privacy Policy.
NeurodigitX respects your privacy and is committed to protect the information you share with it. We believe that you have a right to know our practices regarding the information NeurodigitX collects when you connect to, access or use our Services. Our policy and practices and the type of information collected are described in our Privacy Policy located at https://www.seesaw.health/pages/privacy-policy. If you choose to connect to, access or use our Services you have thereby also agreed to the Privacy Policy.
Company may link information gathered using cookies and web beacons with personal information. But in that event, we will treat the combined information as personal information.
We also may use the personal and other information that we collect to send you marketing emails and promotional communications, including emails about the products and services offered by us or our partners. To opt-out of these communications, see “Choices and Access to Information” below.
Use of Services.
YOUR RESPONSIBILITIES AND ACCEPTABLE USE OF THE SERVICES. You agree not to, or to enable a third party to, use the Services to: (a) violate any local, state, federal, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or (f) disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services for any purposes other than purposes that are explicitly permitted herein. You must not reverse engineer, disassemble, decompile, or translate any components of the Services, attempt to derive the source code of any components of the Services, or authorize or assist any third party to do any of the foregoing. Without our written consent, you must not: (i) allow, enable, or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via e-mail (SPAM); (ii) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders, or scripts); or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of the Site's pages.
Use of the Services requires that you comply with certain acceptable use policies we may establish from time-to-time. As part of your responsibilities as a Visitor or a Registered User of the Services, you agree that you will not, nor enable a third party to: (a) use the Services in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful, or abusive; (b) infringe someone else's patent, trademark, trade secret, copyright, or other intellectual property or other rights; (c) use the Services for unsolicited or unauthorized advertising, junk email, or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication; (d) interfere with others using the Services; (e) use the Services in any manner that uploads or otherwise spreads any software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment; (f) disrupt, interfere, or inhibit any other user from enjoying the Services or other affiliated or linked websites, material, contents, products, and/or services; (g) use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Services or otherwise monitor or copy any portion of the Services; (h) create a false identity for the purpose of misleading others; (i) prepare, compile, use, download, or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (j) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security-related tools incorporated into the Services; (k) reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Services or access to the Services; or (l) systematically collect or use any content from the Services, including through the use of any data mining or similar data gathering and extraction methods.
Use of the App.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from NeurodigitX. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of Push Messages from NeurodigitX.
Accurcay of Information.
NeurodigitX does not warrant that the information, pictures, or graphic depictions, descriptions, or other content of the Services are accurate, complete, reliable, updated, current, or error-free. You agree to notify NeurodigitX if you become aware of any errors or inconsistencies in the information or content provided through the Services and to comply with any corrective action taken by NeurodigitX.
Third Party Content and Monitoring.
Third parties; i.e., individuals or businesses not affiliated with NeurodigitX, may offer and provide products and services on or through the Services. Except for NeurodigitX-branded information, products, and services that are identified as being offered by NeurodigitX, We does not operate, control, or endorse any information, products, or services of third parties on the Services or accessible through the Services in any way. NeurodigitX is not responsible for examining or evaluating, and NeurodigitX does not warrant the offerings of, any of these third parties or the content of their websites. NeurodigitX does not assume any responsibility or liability for the actions, products, and content of these third parties. You should carefully review the privacy policy and the terms of service of these third parties.
Linkd to Third-party Websites.
The Services may display, include or make available content, data, information, applications or materials from third parties or provide links to other websites or resources by third parties, such as our e-commerce portal available via Shopify Inc. Our provision of a link to a third-party website is for your convenience and does not signify our endorsement of such third-party website or its contents. We have no control over, do not review, and cannot be responsible for, any third-party website or its content. Accessing a third-party website linked to the Site or on the App is at your own risk. When leaving the Site or the App, you should carefully review the applicable privacy policy and terms of services of that third-party website.
NEURODIGITX WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY THIRD-PARTY WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE, OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY WEBSITE OR THEIR RESPECTIVE OWNERS AND OPERATORS.
Ownership.
The software, code, and proprietary methods and systems used to provide the Services ("Our Technology") and the content of the Services ("Our Content"): (1) are copyrighted by NeurodigitX and/or its licensors under U.S. and international copyright laws; (2) are subject to other intellectual property and proprietary rights and laws; and (3) are owned by NeurodigitX or its licensors. Neither Our Technology nor Our Content may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without NeurodigitX’s prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of Our Technology and Our Content, and you must not remove or alter any such notice, information, or restriction. Your use of our Technology and our Content must comply with these Terms of Service and any additional restrictions in any Separate NeurodigitX Agreement you enter into with NeurodigitX. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology, except as explicitly permitted through the Services according to these Terms of Service.
Intellectual Property Rights.
NeurodigitX hereby grants you a limited, personal, non-exclusive, terminable, non-transferrable, non-assignable, non-sublicensable, time limited, license to use the Services, subject to these Terms. These Terms do not entitle you to any right in and/or to any of the Services, including without limitation the App, the Seesaw Health Device, and/or the Website.
All references in these Terms to the purchase or sale of the Seesaw Health App, Seesaw Health Devices or of Services or any part thereof, shall include the sale, lease, licensing, rental, subscription or other transfer, conveyance or disposal of any product (including, for the removal of doubt, any related service; however the parties intend and agree that as the Seesaw Health App, the Seesaw Health Devices and/or Services include software (including, without limitation, any firmware) such software is not being sold, but shall only be licensed in accordance with the terms and conditions of these Terms.
Seesaw Health & NeurodigitX’s marks and logo (whether or not registered) and all other proprietary identifiers used by NeurodigitX in connection with the Services (the “NeurodigitX Trademarks”) are all trademarks and/or trade names of NeurodigitX, whether they are registered or not. All other trademarks, trade names, identifying marks and logos appearing in the Services belong to their rightful owners (“Third Party Trademarks”).
No right, license, or interest to NeurodigitX Trademarks or Third Party Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to NeurodigitX’s Trademarks and therefore you will avoid using any of those marks unless such use was specifically authorized in the Terms.
Our Services, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of our Services),specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered and all enhancements, modifications and derivatives thereof (collectively, “Intellectual Property”), are owned and/or licensed to NeurodigitX and subject to copyright and other applicable intellectual property rights under United States Law, foreign laws and international conventions. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of NeurodigitX or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Website, and you represent and warrant that you will abide by all applicable laws in this respect.
Availability.
Our Services availability and functionality depends on various factors, such as communication networks. NeurodigitX does not warrant or guarantee that our Services will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
Changes to these Terms.
We may change, suspend, or discontinue the Services, or any part of them, at any time without notice. We may amend any of the Terms at our sole discretion by posting the revised Terms on the Seesaw Health website. Your continued use of Services after the effective date of the revised Terms constitutes your acceptance of those revisions.NeurodigitX reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently our Services (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the content provided under our Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that NeurodigitX shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services or the content included in our Services.
Disclaimer and Warranties.
NEURODIGITX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.
NEURODIGITX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE NEURODIGITX DEVICE OR THE ACCURACY OF USER’S INFLAMMATION OR VAGUS NERVE DATA.
YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE SERVICES NOT IN ACCORDANCE WITH NEURODIGITX’S INSTRUCTIONS.
NEURODIGITX SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY OTHER INFORMATION EMERGING FROM USING THE SERVICE, WHETHER OR NOT NEURODIGITX HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION. NEURODIGITX DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OUR SERVICES INCLUDING ANY SUGGESTIONS. THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK AND NEURODIGITX SHALL HAVE NO LIABILITY RELATING TO SUCH USE. NEURODIGITX DISCLAIMS RESPONSIBILITY FOR ANY AND ALL USER GENERATED CONTENT UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY USERS.
NEURODIGITX DOES NOT WARRANT THAT THE OPERATION OF OUR SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
Limitation of Liability.
IN NO EVENT SHALL NEURODIGITX, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF OUR SERVICES, OR THE USE OR INABILITY TO USE OUR SERVICES, THE CONTENT, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF NEURODIGITX TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF NEURODIGITX BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER NEURODIGITX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH JURISDICTIONS. SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR NEURODIGITX’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF NEURODIGITX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL NEURODIGITX’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO NEURODIGITX FOR YOUR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO NEURODIGITX FORTHE USE OF THE SERVICE OR IF NO PAYMENTS WERE MADE ON YOUR BEHALF, THEN NEURODIGITX SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
Indemnification.
You agree to indemnify, defend, and hold harmless ("Indemnify") NeurodigitX, its parents, subsidiaries, affiliates, licensors, co-branders, suppliers, and other contract relationships, and the officers, directors, employees, consultants, and agents of each (collectively, the " NeurodigitX Entities"), and other Registered Users and Visitors, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) ("Claims") that such parties might incur as a result of or arising from: (1) any information you submit, post, or transmit through the Services; (2) your use of the Services; (3) your violation of these Terms of Service; (4) your violation of any rights of any other person or entity; or (5) any viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines inputted by you or on your behalf into the Services. If you are a Health Advisor, you also Indemnify the NeurodigitX Entities from and against any and all Claims that such parties might incur as a result of or arising from any of your acts or omissions with respect to Subscribers, including medical or other advice you give to Subscribers in connection with the Services.
Connection to External Products and Services.
NeurodigitX may provide connections, links, or access to third parties' content, products, websites, and services (“Third-Party Connections”). Users should refer to the separate terms of use, privacy policies, and other rules applicable to Third-Party Connections before they access them. NeurodigitX will make reasonable efforts to maintain the connections between the Services and Third-Party Connections but does not authorize, edit, or monitor these Third-Party Connections. User acknowledges and agrees that NeurodigitX makes no guarantee and expressly disclaims any warranty and shall not be liable to User concerning (a) the availability of or content and/or services provided on such Third-Party Connections, nor does inclusion of any connection imply endorsement of the Third-Party Connections by NeurodigitX, or vice versa; (b) third party content and/or services accessible through such Third-Party Connections; (c) any loss or damage whatsoever User may incur from dealing with any Third-Party Connection; (d) User’s dealings with any third parties found on or through the Services; and (e) interoperability of the Services with any Third-Party Connections. User bears all risk associated with using the Third-Party Connections, third-party services, and User’s correspondence or business dealings with businesses and advertisers other than Company found on or through the Services.
Special Offers, Promotions and Programs.
From time to time, NeurodigitX may make certain special offers, promotions and programs available to you in connection with the Services (“Special Offers”). If you elect to participate in any Special Offers, you will be subject to the additional terms and conditions as provided below with regard to such Special Offers, as applicable.
The Special Offers are effective solely during the applicable Special Offers period (“Offer Period”) denoted herein (if any) and will terminate automatically thereafter without further notice. Special Offers not expressly limited by an Offer Period shall remain effective until otherwise withdrawn by NeurodigitX.
We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on products or services we offer through the Services, or other features or benefits related to the Services, subject to any additional terms that NeurodigitXestablishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by NeurodigitX; (d) may be disabled or have additional conditions applied to them by NeurodigitXat any time for any reason without liability to NeurodigitX; (e) may only be used pursuant to the specific terms that NeurodigitX establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
Referral Discounts. Each User (“Referring User”) will be able to refer friends (“Referred User(s)”) by using the coupon received by e-mail (each a “Referral”). A Referral will be considered as successful if the Referred User does not cancel its purchase within 30 days from the date of purchase (“Successful Referral”).
General.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the applicable laws as described herein. Any dispute arising out of or related to your use of the Website and/or the Service will be brought in, and you hereby consent to the exclusive jurisdictions and venues of the following competent courts and under the governing law of Delaware (USA).
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without NeurodigitX's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and NeurodigitX relating to the subject matter herein and supersedes any and all prior or contempt or otherwise written or oral agreements or understandings between you and NeurodigitX. Notices to you may be made via email or regular mail. Our Services may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Order, Return, Refund and warranty Policy.
Services Description.
The NeurodigitX Services are comprised of the NeurodigitX Device, the NeurodigitX App, and any other accessories or auxiliary services and products designed to be used with the NeurodigitX Device (“NeurodigitX Accessories”). The NeurodigitX Device measures your inflammation and vagus nerve status by analyzing your pulse rate variability and breathing rate and the NeurodigitX App provides you with insights and input with respect to such measurements. NeurodigitX Accessories should be used solely in connection with the NeurodigitX Device. Through the Website, we offer you the ability to subscribe to the NeurodigitX Services, purchase the NeurodigitX Device and NeurodigitX Accessories at a price presented to you at the time you complete the purchase through the Website or through the NeurodigitX App (as applicable). We may occasionally change the prices of the NeurodigitX Device and/or the then-current Subscriptions at our sole discretion.
Order, Shipment and Delivery.
You must be a minimum age of 18 years of age to submit an order for a Subscription to the NeurodigitX Services. In case the order is made for a child under the age of 18 years of age, such order is at their parent's or legal guardian's responsibility. Payment shall be made through the Website in accordance with our terms of use. Delivery of orders will be made to the address that appears on your order within a reasonable time, however, there may be delays due to external factors. Supply is subject to availability at the time of order or pre-order. The time of delivery can vary depending on the destination. Shipping costs will be added to the purchase price and charged either by NeurodigitX or our third-party shipping services providers, as displayed to you up on ordering. Please note that additional local taxes may be applied to shipments to certain locations depending on your requested location for delivery.
We will not refund or exchange NeurodigitX Devices that were shipped to an inaccurately inputted address. Shipping claims must be made within 45 days from the date of the shipping.
One (1) Year Warranty Policy.
NeurodigitX warrants that the NeurodigitX Device will materially conform to its specifications as provided to you in writing upon your purchase and that it will be free of material defects in materials and workmanship for the duration of one (1) year from the purchase Effective Date. This warranty specifically excludes damage caused from mishandling of the NeurodigitX Device and any other damage caused as a result of a user’s non-compliance with the NeurodigitX Terms of Use or otherwise from any incautious use (e.g., water damage or dropping it). To exercise the above stated warranty, you must first contact NeurodigitX at support@NeurodigitX.me with a description of the warranty event and a proof of purchase. Once NeurodigitX confirms in writing that your NeurodigitX Device is covered under this warranty policy, you will be required to send the defective or damaged NeurodigitX Device to NeurodigitX or according to NeurodigitX’s instructions, and such device will be either fixed or replaced. The warranty for the replaced or fixed products shall be for the period of warranty remaining to your one (1) year warranty with respect to the original product. NeurodigitX shall bear the malfunctioning and replacement NeurodigitX Devices’ shipping costs that are associated with exercise of the warranty provided hereunder. Depending on where you live, the time it may take for your exchanged or replaced NeurodigitX Device to reach you, may vary.
Return.
If the Buyer wants to return the product, the Buyer must keep it unopened, unused, and original. Unopened means the seals on the product box much be intact. And the Buyer should store the product in a dry environment and keep it away from direct sunlight.The Buyer must contact the Seesaw Health Support team via email hello@seesaw.health within 20 days after the product is delivered. Shipping and handling charges from the original order, including VAT or other customs fees, are non-refundable. If the Buyer requests a paid return label, the Company will deduct 15% of the product’s original price (available for the US only).
For non-US orders, the Buyer is responsible for shipping back the product.
Please Note: The Company cannot accept product returns based on the following:
• If it has been 20 days past the product’s delivery.
• If the package seal is broken.
• If the product has been used or tampered with.
• If the product does not appear to be in its original condition.
California Residents.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Miscellaneous.
Except for any Separate NeurodigitX Agreement between you and NeurodigitX, these Terms of Service constitute the entire agreement between you and NeurodigitX with respect to the subject matter hereof, and governs your access to and use of the Services, and NeurodigitX’s failure to exercise or enforce any term or condition of these Terms of Service will not constitute a waiver of such term or condition. If any term or condition of these Terms of Service is found by a court of competent jurisdiction to be invalid, then you and we nevertheless agree that the court should endeavor to give effect to the intention that is best reflected in that term or condition, and that the other terms and conditions of these Terms of Service will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within two (2) years after such claim or cause of action arose or be forever barred.You and we are acting as independent contractors, and nothing in these Terms of Service creates an agency or partnership.You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.
Termination.
You may terminate your Account at any time, for any reason, by sending an email to hello@seesaw.health. Subject to the terms and conditions of any Separate NeurodigitX Agreement, NeurodigitX may terminate your Account at any time, for any reason. You further understand that termination of your Account will involve deletion of your personally identifiable information, as well as any other content you uploaded to the Services using such Account, from our live databases. Although we will honor a request to delete your personally identifiable information from our live databases, and we will do so upon a request from you, you further understand we will not be able to delete anonymized data about you that has been aggregated with other anonymized data.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR FOR THE DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU.
YOUR SEPARATE NEURODIGITX AGREEMENT MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES THE TERMINATION PROVISIONS WITHIN THE SEPARATE NEURODIGITX AGREEMENT FOR SPECIFIC SERVICES WILL GOVERN THE TERMINATION OF THOSE SERVICES.
Survival.
The terms and conditions related to any limitations on liability that are explicitly set forth herein will survive the expiration or earlier termination of these Terms of Service for any reason. Our (and our licensors') proprietary rights, including all intellectual property rights, in and to Our Content, Our Technology, and the Services will survive the expiration or earlier termination of the Terms of Service for any reason.
Contact.
If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: hello@seesaw.health.