This page explains the terms by which all users ("you" and "your") may download, install, copy, access or use Neurofidelity LLC (dba NeuFidelity) ("we", "our" and "us") software, including any future updates, upgrades or versions of the software (collectively, the "Software") and any associated products and services made available by us or on our behalf from time to time including, but not limited to, our websites, widgets, computer programs, platforms, mobile applications, and training courses and programs (collectively, the "Services") and accompanying documents, information, manuals or other related materials provided by us as part of, or in connection with the Software.

By accessing or using the Software and/or the Services, you signify on your behalf and any person or entity that you represent that you have read, understood, and agree to be bound by these Terms of Service (the "Agreement"). We reserve the right to make unilateral modifications to these terms and will provide notice of these changes as described below.

The Software and the Services are for information purposes only. You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have learned from the Software or the Services.

1. Use of the Software and Services

(a) Eligibility

This is a contract between you and us. By installing, downloading, copying, accessing or using the Software and/or the Services, or otherwise accepting this Agreement, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. You may use the Software and the Services only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable laws.

Any use or access to the Software or the Services by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. By entering or using the Software or the Services you represent that you:

• Have the right, authority and capacity to enter into this Agreement
• Are not prohibited from entering or using the Software or the Services under any applicable laws
• Are at least eighteen (18) years of age
• Understand the risks associated with using the Software and the Services

(b) License Grant

Subject to the terms and conditions of this Agreement and subject to your payment of all applicable fees, we hereby grant you a limited, personal, non-transferable, non-sub-licensable, and non-exclusive license to install and use a single copy of the Software for your information and personal and internal business and research purposes, together with any applicable Services (the "License").

The rights granted to you in this Agreement are subject to the following restrictions:

• You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Software or the Services
• You shall not remove or alter any copyright notice or any other notices
• You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software or the Services
• You shall not access the Software or the Services in order to build a similar or competitive website, product, or service
• You shall not interfere with or disrupt the integrity or performance of the Software or the Services
• You shall not attempt to gain unauthorized access to the Software, the Services or its related systems or networks
• You shall not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures

(c) User-Generated Content

For the purposes of this Agreement, "User Content" means any text, feedback, ideas, suggestions, documents, proposals, photographs, electroencephalogram (EEG) recordings or other data and information you or anyone acting on your behalf submits to us. You represent that your User Content will not infringe any third party's rights, will not violate any applicable laws, will not be obscene, will not contain harmful computer code, and will not be defamatory or otherwise offensive.

2. Accounts

You may be required to establish an account and pay any fees through payment processors in order to use the Software and/or the Services. If so, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update such information.

You are responsible for maintaining the confidentiality of your unique username, password, access code or other sign-in mechanism and all other account information and are fully responsible for all activities that occur under your account. You agree to immediately notify us at info@neufidelity.com of any unauthorized use of your account or any other breach of security.

3. Fees

You will pay amounts specified in each invoice or subscription issued by us. You must make payments in advance, unless the applicable invoice or subscription contains payment terms that are different. Unpaid amounts are subject to interest and may result in immediate termination of your access to the Services. All amounts paid by you are non-refundable unless otherwise specified.

4. Intellectual Property

The Software and the Services and all worldwide intellectual property rights therein are the exclusive property of us and our licensors. All rights in and to the Software and the Services not expressly granted to you in this Agreement are reserved by us and our licensors.

5. Termination

We may terminate or suspend your access to the Software and the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement. Upon termination, your right to use the Software and the Services will immediately cease.

6. Disclaimer of Warranties

THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

7. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE OR THE SERVICES.

8. Indemnification

You agree to indemnify, defend and hold harmless us and our 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 reasonable attorneys' fees, arising from or relating to your use or misuse of the Software or the Services or your breach of this Agreement.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware.

10. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Contact Information

If you have any questions about these Terms, please contact us at: info@neufidelity.com

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