neuromore.

Terms & Conditions Mobile App and Studio (Consumer).

Effective Date: May 25th, 2016

IMPORTANT:

PLEASE READ THESE TERMS CAREFULLY. YOU WILL HAVE ACCEPTED THESE TERMS IF YOU: 1) DOWNLOAD, INSTALL, ACTIVATE, SUBSCRIBE TO OR USE NEUROMORE SERVICES, AS DEFINED BELOW; OR 2) CLICK THE “I ACCEPT” BUTTON ASSOCIATED WITH THESE TERMS & CONDITIONS (‘TERMS’).

1 GENERAL INFORMATION

1.1 NEUROMORE SERVICES

These Terms contain the terms and conditions on which we supply content, products or services listed on www.neuromore.com (the “Website”), through our mobile applications (the “Apps”), or via partner websites or other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Services”). The term “you” refers to the individual user of the Services. Please read these terms and conditions carefully before ordering any Services from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). When you order or purchase (“Order”) any Services from the Website, or otherwise use or access the Website or other Services, you agree to be bound by these Terms, our Privacy Policy (http://www.neuromore.com/privacy/) and all applicable laws, rules and regulations.

THESE TERMS CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST NEUROMORE TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST NEUROMORE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE PUBLISHED RATE, IN ACCORDANCE WITH THE THEN-CURRENT TERMS SET OUT AT http://WWW.NEUROMORE.COM, UNLESS YOU CANCEL BEFORE THE START OF THE NEXT SUBSCRIPTION RENEWAL DATE. YOU MAY CANCEL YOUR SUBSCRIPTION BY EMAILING US AT HELP@NEUROMORE.COM AND FURTHER INFORMATION MAY BE FOUND VIA http://WWW.NEUROMORE.COM.

1.2 BASIS OF SALE

(a) These Terms and the Privacy Policy set out the whole agreement between you and us for the supply and use of the Services.

(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of neuromore.

(c) “Business to consumer” (B2C) sales to consumer customers in Europe, The Middle East and Asia (EMEA), the United States, and Australia, are processed by neuromore Inc. (United States). neuromore is not responsible for any costs, damages or liabilities that result from the use of such third party processors. The Services are for personal/non-commercial use only. If you intend on using the Services for commercial purposes, you should refer to the other neuromore Services.

1.3 CHANGES TO TERMS

neuromore may revise and amend these Terms at its sole discretion or as otherwise required by applicable law. Changes will be communicated to you by us posting the new version of the Terms on http://www.neuromore.com. Your continued use of the Services after such notification of changes to these Terms will constitute your acceptance of such changes. You may also be asked to re-acknowledge and re-accept these Terms following any material changes. IF YOU DO NOT WISH TO BE BOUND BY SUCH CHANGES RELATING TO YOUR SERVICES, YOU MAY TERMINATE YOUR SUBSCRIPTION OF YOUR SERVICES BY EMAILING US AT HELP@NEUROMORE.COM.

2 MEMBERSHIPS AND SUBSCRIPTIONS

2.1 BECOMING A MEMBER

You may sign up as a neuromore registered user of the Website free of charge (a “Member”). To become a Member, you need to go to the relevant section of the Website or the App, where you will be asked to submit your first and last name, mailing address, and email address to us, create a username and password to be used in conjunction with that email address and agree to these Terms (including the Privacy Policy http://www.neuromore.com/privacy/).

2.2 ONCE A MEMBER

You are responsible for maintaining the confidentiality of your account, password, and other Personally Identifiable Data and for restricting access to your Device to further help protect such information. You are responsible for updating your Personally Identifiable Data.

2.3 DEVICE REQUIREMENTS

To enjoy neuromore via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the neuromore Website and the Google, Apple and Amazon App marketplaces.

2.4 MEMBERSHIP

As a neuromore Member, you will receive access to certain sections, features, and functions of the Website that are not available to non-members. As consideration for your access to the Website as a Member, you opt in to receiving occasional special offers, marketing, and Journey based communication emails. YOU CAN EASILY UNSUBSCRIBE FROM THESE EMAILS BY FOLLOWING THE OPT-OUT INSTRUCTION IN THESE EMAILS.

neuromore memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

2.5 SUBSCRIPTIONS

(a) neuromore Members holders may access the Services in two ways:

(i) Free Base Subscription: a free-of-charge service, which gives limited access to selected content.

(ii) Paid Monthly Subscription: a subscription fee-based service that gives access to paid content.

(b) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that neuromore is authorized to charge the same credit card or other payment method (the “Payment Method”) as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

(c) YOU MAY DISCONTINUE AUTO-RENEWALS OF YOUR SUBSCRIPTION AT ANY TIME BY LOGGING INTO YOUR ACCOUNT AND UPDATING YOUR ACCOUNT SETTINGS TO NON-RENEWAL OR BY EMAILING HELP@NEUROMORE.COM.

(d) You agree to promptly notify neuromore of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

(e) Our obligation to provide a Service commences when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and assign you with an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. All prices are in US Dollars. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Services purchased through neuromore for commercial purposes.

(f) By placing an Order through the Website, the Apps or other Services, you warrant that:

(i) You are legally capable of entering into binding contracts;

(ii) You are at least 14 years old and if younger than 18 years old, that your placement of an Order is done so with the consent of your parents, guardians, authorized school officials, or counselors;

(iii) All registration information you submit is truthful and accurate;

(iv) You will maintain the accuracy of such information; and

(v) Your use of the Website or other Services does not violate any applicable law or regulation.

BY ACCEPTING THESE TERMS AND USING NEUROMORE SERVICES, YOU EXPRESSLY AUTHORIZE NEUROMORE TO BILL AND COLLECT PAYMENT FROM YOU BY ANY PAYMENT METHOD YOU REGISTER WITH NEUROMORE INCLUDING, BUT NOT LIMITED TO, YOUR CREDIT CARD, BANK ACCOUNT, OR ONLINE PAYMENT SYSTEM SUCH AS STRIPE. YOU CONSENT TO NEUROMORE PROVIDING SUCH PAYMENT INFORMATION TO ITS THIRD PARTY PAYMENT PROCESSOR FOR THE SOLE PURPOSE OF PROCESSING YOUR PURCHASES.

2.6 CHANGING FEES AND CHARGES

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you by email approximately 30 calendar days in advance of any such change. Any price changes will take effect after the expiry of the then-current paid for period (i.e., the term that you have already paid for). IF YOU DO NOT AGREE TO THE CHANGE, YOU MAY CANCEL YOUR MEMBERSHIP OR SUBSCRIPTION IN YOUR ACCOUNT SETTINGS OR BY EMAILING HELP@NEUROMORE.COM.

3 CANCELLATION OF SERVICES

3.1 CANCELLATION BY YOU

You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. You will not receive a refund if you cancel midway through a monthly subscription period. Please make any such cancellation through your account settings.

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE PUBLISHED RATE, UNLESS YOU CANCEL BEFORE THE START OF THE NEXT MONTHLY SUBSCRIPTION RENEWAL DATE. YOU MAY CANCEL YOUR SUBSCRIPTION BY EMAILING US AT HELP@NEUROMORE.COM.

3.2 CANCELLATION BY US

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of our audio or video content from the Website or the App.

We may terminate your use of the Services if at any time, the Services cease to be offered by neuromore, or if neuromore ceases operations. We will make every effort to notify you of such a change in advance.

neuromore may, suspend or terminate any or all Services to some or all of the members: (i) following a possible or actual security breach or cyber-attack on neuromore; (ii) in order to protect neuromore’s network; (iii) if required by a governmental entity or law enforcement agency; (iv) if a Member is using a device that is defective or illegal; (v) upon the termination or expiration of a subscription term; or (v) as otherwise allowed under these Terms.

3.3 PROMOTION CODES

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as a new user. No promotion code or discount will apply to corporate or other Community subscriptions.

3.4 YOUR DATA

Cancellation of your purchased Services, whether by you or neuromore, will not result in immediate deletion of your Personally Identifiable Data. To request that your Personally Identifiable Data be deleted from our servers, you must request deactivation of your account and Membership by sending a request to help@neuromore.com.

3.5 REFUNDS

UNLESS OTHERWISE PROVIDED HEREIN, PERMITTED BY NEUROMORE’S PAYMENT PROCESSOR, OR REQUIRED BY APPLICABLE LAW, ALL FEES ARE NON-CANCELABLE AND NON-REFUNDABLE.

4 PROHIBITED USE OF THE SERVICES

4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Website or the other Services or to violate any of the procedures, policies or regulations of networks connected to the Website or the other Services. You may not access the Website or the other Services in an unauthorized manner.

4.2 You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.

4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities, and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately, and no refund will be permitted.

5 MATERIALS OFFERED THROUGH THE SERVICES

5.1 COPYRIGHT

All materials (including software and content whether downloaded or not) contained on the Website or the other Services are owned by neuromore (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

You acknowledge and agree that certain materials on the Website and in the other Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.

Audio or video content from the neuromore App not explicitly indicated as downloadable may not be downloaded or copied from the Website or the other Services or any Device.

You must not use any part of the materials used on the Website or the other Services for commercial purposes without obtaining a written license to do so from us. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges.

5.2 TRADEMARKS

“neuromore”, the neuromore logo and all other neuromore product or service marks are trademarks of neuromore. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website or the other Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material.

6 AVAILABILITY OF SERVICES

6.1 Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in the Services, please report it to us at help@neuromore.com and we will correct the fault as soon as we reasonably can. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for any period of time and no partial refunds will be permitted.

6.2 Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order via our email help@neuromore.com.

7 SERVICES DISCLAIMER

The information contained on the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

8 MEDICAL DISCLAIMER

8.1 neuromore is a provider of online and mobile subscriptions for meditation content in the health and wellness space. WE ARE NOT A MEDICAL DEVICE, NOR DO WE PROVIDE MEDICAL ADVICE. While there is third party evidence that meditation can assist in the prevention and recovery process for an array of illnesses as well as in improving an array of performance and relationship issues, neuromore makes no claims or guarantees that this will be the case by using the Services. Any user experiencing medical issues or needing medical advice should consult their doctor.

8.2 Any health information and links on the Services, whether provided by neuromore or by contract from outside providers, is provided simply for your convenience.

8.3 ANY ADVICE OR OTHER MATERIALS ON THE SERVICES ARE INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. THEY ARE NOT INTENDED TO BE RELIED UPON AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BASED ON YOUR PERSONAL CIRCUMSTANCES. THE ADVICE AND OTHER MATERIALS ARE INTENDED TO SUPPORT THE RELATIONSHIP BETWEEN YOU AND YOUR HEALTHCARE PROVIDERS AND NOT REPLACE IT. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY ACTIONS TAKEN DUE TO YOUR HAVING READ OR BEEN TOLD ABOUT SUCH ADVICE OR OTHER MATERIALS. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, WE GIVE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE, OTHER MATERIALS AND INFORMATION PUBLISHED ON THE SERVICES.

9 END USER LICENSE AGREEMENT

Subject to these Terms, and your payment of any applicable subscription fees, neuromore grants you a limited, non-exclusive, revocable license to make personal non-commercial use of the Services. The Services contain or embody copyright material, proprietary material or other intellectual property of neuromore or its licensors. All right, title and ownership in the Services remain with neuromore or its licensors, as applicable. The rights to download and use the Services are licensed to you and are not being sold to you, and you have no rights in it other than to use it in accordance with these Terms. To the extent you provide any suggestions, comments or other feedback related to the Services (“Feedback”), you hereby grant neuromore a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable, transferable license to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works such Feedback or subject matter thereof in any way and without limitation.

You agree that you will not and you will not assist or permit any third party to:

* Copy, download, distribute, republish, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble and Services in any way, or create derivative works of the Services;

* Use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

* Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part;

* Tamper with the Services or circumvent any technology used by neuromore or its licensors to protect any content accessible through the Services;

* Use the Website or the other Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website and the other Services.

* Circumvent any territorial restrictions applied to the Services; or

* Use the Services in a way that violates these Terms.

10 DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE

We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

* A description of the copyrighted work or other intellectual property that you claim has been infringed;

* A description of where the material that you claim is infringing is located on the Services;

* Your address, telephone number, and email address;

* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

* A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail: neuromore Inc.

429 Lenox Ave, 5th floor

Miami Beach, FL 33139,

United States

By E-Mail: contact@neuromore.com

Subject line: DMCA

11 GENERAL TERMS AND CONDITIONS

11.1 PRIVACY

We collect personal information about you through and in connection with your use of the Services. All information that we collect about you is subject to our Privacy Policy (http://www.neuromore.com/privacy/), which forms part of these Terms, and which may be accessed from our home page. Our Privacy Policy (http://www.neuromore.com/privacy/) is deemed to be incorporated into these Terms. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy (http://www.neuromore.com/privacy/).

11.2 ASSIGNMENT BY US

neuromore may transfer its rights and obligations under these Terms to any company, firm or person at any time. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

11.3 INDEMNITY BY YOU

You agree to defend, indemnify and hold neuromore and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of these Terms. neuromore reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with neuromore’s defense of such claim.

11.4 WARRANTIES AND LIMITATIONS

(a) THE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO IT, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR CURRENCY OF THE SERVICES OR THEIR CONTENT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY NEUROMORE. NEUROMORE DOES NOT WARRANT THAT THE NEUROMORE SERVICES OR ASSOCIATED DOCUMENTATION WILL MEET YOUR REQUIREMENTS, WILL BE COMPATIBLE WITH YOUR DEVICES, OR THAT THE OPERATION OF THE NEUROMORE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF NEUROMORE SERVICES IS WITH YOU. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

(b) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

11.5 APPLICABLE LAW

Your use of the Services is governed by these Terms and these Terms shall be construed and enforced in accordance with the laws of the State of Florida, United States. Disputes arising from or in connection with your use of the Services will be handled in accordance with section 12 below.

If you access the Services from any other jurisdiction, you do so out of your own volition, and you are responsible for compliance with the applicable laws.

11.6 NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

11.7 FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

11.8 INTERPRETATION

In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

11.9 WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11.10 NOTICES

Except as otherwise noted in these Terms, all notices given by you to us must be given to neuromore at info@neuromore.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 11.9 above. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

11.11 SEVERABILITY

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

11.12 ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

11.13 THIRD PARTY RIGHTS

A person who is not party to these Terms will not, subject to section 10 (DMCA), have any rights under or in connection with these Terms.

11.14 OUR LIABILITY

We will use reasonable endeavors to remedy faults in the Services. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Service in question. In addition, we will not be liable for:

* Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).

* Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Website or any other Service, or from transmissions via emails or attachments received from us.

* Any use of websites linked to the Website or the other Services but operated by third parties.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NEUROMORE OR ITS AFFILIATES, SUPPLIERS, CLIENTS, OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SERVICES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE SERVICES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Services. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms of use or your use of the Services exceed, in the aggregate, the amount, if any, paid by you to neuromore for your use of the Services during the previous 12 months or if greater $100.

12 ARBITRATION

12.1 AGREEMENT TO ARBITRATE. This section 12 is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and neuromore, whether arising out of or relating to these Terms (including any alleged breach thereof), the neuromore Services, any advertising, any aspect of the relationship or transactions between you and neuromore, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against neuromore on your behalf. You agree that, by entering into these Terms, you and neuromore are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

12.2 PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. YOU AND NEUROMORE AGREE THAT BOTH YOU AND NEUROMORE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND NEUROMORE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

12.3 PRE-ARBITRATION DISPUTE RESOLUTION. neuromore is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@neuromore.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to neuromore should be sent to the email address set forth in section 11.10 above (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If neuromore and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or neuromore may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by neuromore or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or neuromore is entitled.

12.4 ARBITRATION PROCEDURES. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless neuromore and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, neuromore agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

12.5 COSTS OF ARBITRATION. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules.

12.6 CONFIDENTIALITY. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

12.7 SEVERABILITY. Without limiting the severability provision of the these Terms, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of this section 12 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Agreement will continue to apply.

12.8 FUTURE CHANGES TO ARBITRATION AGREEMENT. Notwithstanding any provision in these Terms to the contrary, neuromore agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending neuromore written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and neuromore in accordance with the language of this Arbitration Agreement.

neuromore T&C – of

neuromore.

End-User License Agreement (“EULA”) for Business Offerings.

Effective Date: May 25th, 2016

This EULA is a legal agreement between the end-user customer (collectively referred to herein as “you” or “your” or “End-User”), and neuromore Inc. (“neuromore”). This EULA governs Your use of the neuromore subscription-based content, products or services listed on www.neuromore.com (the “Website”), through neuromore’s mobile applications (the “Apps”), or via partner websites or other delivery methods to You (the Website and such content, products, services and the Apps are collectively referred to herein as the “Services”).

BY DOWNLOADING, INSTALLING, REGISTERING OR OTHERWISE USING THE NEUROMORE SERVICES, OR CLICKING AN “I ACCEPT” OR “CONTINUE” BUTTON ASSOCIATED WITH THIS EULA, YOU (OR YOUR AUTHORIZED AGENT, IF APPLICABLE) EXPRESSLY AND EXPLICITLY ACKNOWLEDGE AND AGREE THAT THIS IS A BINDING EULA AND YOU HEREBY AGREE TO THE TERMS OF THIS EULA AND ACCEPT NEUROMORE’S OFFER TO LICENSE THE NEUROMORE SERVICES PURSUANT TO THE TERMS HEREIN. IF YOU ARE AN EMPLOYEE OR OTHER REPRESENTATIVE ENTERING INTO THIS EULA ON BEHALF OF THE END-USER, YOU HEREBY REPRESENT AND WARRANT TO NEUROMORE THAT YOU ARE (A) AUTHORIZED TO ENTER INTO THIS EULA ON BEHALF OF THE END-USER AND BIND END-USER TO THE TERMS AND CONDITIONS CONTAINED IN THIS EULA; AND (B) YOU ARE OVER THE AGE OF 18 YEARS OLD. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS IN THIS EULA OR ARE NOT AUTHORIZED TO ENTER INTO THIS EULA ON BEHALF OF THE END-USER, DO NOT DOWNLOAD, INSTALL, REGISTER OR OTHERWISE USE THE NEUROMORE SERVICES.

neuromore reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this EULA and to impose new or additional rules, policies, terms, or conditions on Your use of the neuromore Services. neuromore will communicate changes to this EULA by posting the new version of the EULA on its website at www.neuromore.com or as otherwise determined by neuromore in its sole discretion, or as otherwise required by Applicable Law, at which time such updated EULA will be immediately effective. Your continued use of any neuromore Services after such notification of changes to this EULA will constitute the End-User’s acceptance of any and all such changes.

neuromore makes no representations that the neuromore Services are appropriate for use in other locations outside of the United States. If you use the neuromore Services in or from locations outside the United States, you are responsible for compliance with all Applicable Laws and regulations as it relates to Your User Data. Your User Data will be stored using Amazon Web Services. Amazon’s terms and conditions will also apply to those cloud services.

1.0 DEFINITIONS

“Applicable Law” shall mean all applicable laws, regulations, ordinances, rules, codes and orders of governmental authorities having jurisdiction over neuromore and End-User.

“neuromore Users” means you and/or those employees or contractors of End-User who are using the neuromore Services.

“Device” means any computer, tablet, smartphone, or other electronic device used to access and use the neuromore Services.

“Subscription Term” means the period of time for which neuromore has committed to provide, and End-User has committed to pay for, the neuromore Services, either monthly or annual.

“Third Party Product” means any non-neuromore-branded products and services, including open source Software.

“User Data” means all content and materials backed up, stored, indexed, or otherwise transmitted by End-User using the neuromore Service.

“Usage Data” means any and all aggregated and anonymized information reflecting the access or use of the neuromore Service by or on behalf of neuromore Users, including, but not limited to, visit-, session-, or stream-data and any statistical or other analysis, information or data based on or derived from any of the foregoing.

2.0 LICENSE GRANT

Subject to this EULA, and your payment of any applicable subscription fees, neuromore grants you a limited, non-exclusive, non-transferable, revocable, limited license to use the Services during the Subscription Term solely for its internal business purposes. The Services contain or embody copyright material, proprietary material or other intellectual property of neuromore or its licensors. All right, title and ownership in the Services remain with neuromore or its licensors, as applicable. The rights to download and use the Services are licensed to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this EULA. To the extent you provide any suggestions, comments or other feedback related to the Services (“Feedback”), you hereby grant neuromore a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable, transferable license to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works such Feedback or subject matter thereof in any way and without limitation.

You agree that you will not and you will not assist or permit any third party to:

* Copy, download, distribute, republish, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble and Services in any way, or create derivative works of the Services;

* Use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

* Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part;

* Tamper with the Services or circumvent any technology used by neuromore or its licensors to protect any content accessible through the Services;

* Use the Website or the other Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website and the other Services.

* Circumvent any territorial restrictions applied to the Services; or

* Use the Services in a way that violates this EULA.

3.0 ORDERING

3.1 Becoming a Member

You may sign up as a neuromore registered user of the Website free of charge (a “Member”). To become a Member, you need to go to the relevant section of the Website or the App, where you will be asked to submit certain corporate information related to End-User. You also may be asked to submit other information related to neuromore Users. You are responsible for maintaining the confidentiality of the user ids and passwords of your neuromore Users and for restricting access to your Devices to further help protect such information. As a neuromore Member, you will receive access to certain sections, features, and functions of the Website that are not available to non-members. As consideration for your access to the Website as a Member, you opt in to receiving occasional special offers, marketing, and Journey based communication emails. YOU CAN EASILY UNSUBSCRIBE FROM THESE EMAILS BY FOLLOWING THE OPT-OUT INSTRUCTION IN THESE EMAILS.

To enjoy neuromore via your smartphone or other Device, your Devices must satisfy certain system requirements. These requirements can be found on the neuromore Website and the Google, Apple and Amazon App marketplaces.

3.2 Subscriptions

(a) neuromore Members holders may access the Services in two ways:

(i) Free Base Subscription: a free-of-charge service, which gives limited access to selected content.

(ii) Paid Subscription: a subscription fee-based service that gives neuromore Users access to paid content during the period of the Subscription Term.

(b) neuromore will offer you the opportunity to subscribe to either the monthly or annual subscription fee, as applicable.

(c) You agree to promptly notify neuromore of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

(d) Our obligation to provide a Service commences when neuromore takes receipt of your order, and neuromore confirm your purchase to you by email. neuromore shall confirm your order and assign you with an email to confirm your access to the subscription purchased. Please quote the order number in all subsequent correspondence with neuromore. All prices are in US Dollars. You agree not to hold neuromore responsible for banking charges incurred due to payments on your account. If payment is not received by neuromore from the Payment Method you provided, you agree to pay all amounts due upon demand by neuromore. You agree that you are not permitted to resell any Services purchased through neuromore for commercial purposes.

BY ACCEPTING THESE TERMS AND USING NEUROMORE SERVICES, YOU EXPRESSLY AUTHORIZE NEUROMORE TO BILL AND COLLECT PAYMENT FROM YOU BY ANY PAYMENT METHOD YOU REGISTER WITH NEUROMORE INCLUDING, BUT NOT LIMITED TO, YOUR CREDIT CARD, BANK ACCOUNT, OR ONLINE PAYMENT SYSTEM SUCH AS STRIPE. YOU CONSENT TO NEUROMORE PROVIDING SUCH PAYMENT INFORMATION TO ITS THIRD PARTY PAYMENT PROCESSOR FOR THE SOLE PURPOSE OF PROCESSING YOUR PURCHASES.

3.3 CHANGING FEES

neuromore may at any time and from time to time, in its sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. neuromore will notify you by email approximately 30 calendar days in advance of any such change. Any price changes will take effect after the expiry of the then-current Subscription Term (i.e., the term that you have already paid for).

3.4 CANCELLATION BY YOU

You may cancel a subscription at any time. Cancellation is effective at the end of the applicable Subscription Term. You will not receive a refund if you cancel midway through a Subscription Term. Please make any such cancellation through your account settings.

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE PUBLISHED RATE, UNLESS YOU CANCEL BEFORE THE START OF THE NEXT SUBSCRIPTION RENEWAL DATE. YOU MAY CANCEL YOUR SUBSCRIPTION BY EMAILING US AT HELP@NEUROMORE.COM. UNLESS YOU LOG INTO YOUR ACCOUNT TO DESIGNATE OTHERWISE, SUCH RENEWAL WILL ALWAYS BE FOR THE LENGTH OF YOUR PRIOR SUBSCRIPTION TERM. AT THE TIME OF RENEWAL, THE PAYMENT METHOD YOU HAVE DESIGNATED TO BE CHARGED FOR THE SUBSCRIPTION OF THE NEUROMORE SERVICES WILL AUTOMATICALLY BE CHARGED THE THEN-CURRENT FEES FOR THE APPLICABLE SUBSCRIPTION.

3.5 CANCELLATION BY US

neuromore may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under this EULA. Such termination or suspension may be immediate and without notice. A breach of this EULA includes, without limitation, the unauthorized copying or download of neuromore’s audio or video content from the Website or the App.

neuromore may terminate your use of the Services if at any time, the Services cease to be offered by neuromore, or if neuromore ceases operations. neuromore will make every effort to notify you of such a change in advance.

neuromore may, suspend or terminate any or all Services to some or all of the members: (i) following a possible or actual security breach or cyber-attack on neuromore; (ii) in order to protect neuromore’s network; (iii) if required by a governmental entity or law enforcement agency; (iv) if a Member is using a Device that is defective or illegal; (v) upon the termination or expiration of a subscription term; or (v) as otherwise allowed under this EULA.

3.6 YOUR USER DATA AND USAGE DATA

Cancellation of your purchased Services, whether by you or neuromore, will not result in immediate deletion of your Usage Data. To request deletion of your Usage Data from neuromore’s servers, send a written request to help@neuromore.com. Your User Data will be stored using Amazon Web Services and will be handled and deleted in accordance with the policies and procedures of Amazon.

3.7 REFUNDS

UNLESS OTHERWISE PROVIDED HEREIN, PERMITTED BY NEUROMORE’S PAYMENT PROCESSOR, OR REQUIRED BY APPLICABLE LAW, ALL FEES ARE NON-CANCELABLE AND NON-REFUNDABLE.

3.8 SERVICE DISRUPTIONS

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. neuromore will restore the Services as soon as it reasonably can. In the event that the Services are unavailable, neuromore’s usual order and cancellation deadlines apply; please notify neuromore of changes to your order via email to help@neuromore.com.

4.0 INTELLECTUAL PROPERTY

4.1 COPYRIGHT

All materials (including software and content whether downloaded or not) contained on the Website or the other Services are owned by neuromore (or neuromore’s affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in this EULA, and any other relevant terms and conditions provided to you without neuromore’s prior written permission.

You acknowledge and agree that certain materials on the Website and in the other Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within this EULA against you.

Audio or video content from the neuromore App not explicitly indicated as downloadable may not be downloaded or copied from the Website or the other Services or any Device.

4.2 TRADEMARKS

“neuromore”, the neuromore logo and all other neuromore product or service marks are trademarks of neuromore. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website or the other Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material.

4.3 USER DATA

NEUROMORE ACKNOWLEDGES THAT END-USER HAS ALL RIGHT, TITLE, AND INTEREST IN THE USER DATA (AS BETWEEN YOU AND NEUROMORE), AND IN NO WAY DOES THIS EULA GIVE NEUROMORE ANY OWNERSHIP RIGHTS TO THE USER DATA. END-USER SHOULD ONLY USE THE NEUROMORE SERVICES WITH USER DATA TO WHICH IT HAS FULL RIGHT, TITLE OR LICENSE.

4.4 OPEN SOURCE CONTENT

The neuromore Services may contain components subject to the terms and conditions of open source software licenses.

5.0 MEDICAL DISCLAIMER

5.1 neuromore is a provider of online and mobile subscriptions for meditation content in the health and wellness space. NEUROMORE IS NOT A MEDICAL DEVICE, NOR DO WE PROVIDE MEDICAL ADVICE. While there is third party evidence that meditation can assist in the prevention and recovery process for an array of illnesses as well as in improving an array of performance and relationship issues, neuromore makes no claims or guarantees that this will be the case by using the Services. Any neuromore Users experiencing medical issues or needing medical advice should consult their doctor.

5.2 Any health information and links on the Services, whether provided by neuromore or by contract from outside providers, is provided simply for your convenience.

5.3 ANY ADVICE OR OTHER MATERIALS ON THE SERVICES ARE INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. THEY ARE NOT INTENDED TO BE RELIED UPON AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BASED ON YOUR PERSONAL CIRCUMSTANCES. NEUROMORE IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIONS TAKEN DUE TO YOUR NEUROMORE USERS HAVING READ OR BEEN TOLD ABOUT SUCH ADVICE OR OTHER MATERIALS. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, NEUROMORE GIVES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE, OTHER MATERIALS AND INFORMATION PUBLISHED ON THE SERVICES.

6.0 DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE

neuromore is committed to complying with copyright and related laws, and neuromore requires all neuromore Users of the Services to comply with these laws. Accordingly, neuromore Users may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. neuromore Users may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is neuromore’s policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to neuromore by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, neuromore encourages you to contact neuromore immediately. Upon neuromore’s receipt of a proper notice of claimed infringement under the DMCA, neuromore will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide neuromore’s designated agent with the following information:

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

* A description of the copyrighted work or other intellectual property that you claim has been infringed;

* A description of where the material that you claim is infringing is located on the Services;

* Your address, telephone number, and email address;

* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

* A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail: neuromore Inc.

350 Lincoln Road, 2nd Floor

Miami Beach, FL 33139,

United States

By E-Mail: contact@neuromore.com

Subject line: DMCA

7.0 GENERAL TERMS AND CONDITIONS

7.1 PRIVACY

neuromore collects personal information about End-User and its neuromore Users through and in connection with your use of the Services. All information that s collect about you and your neuromore Users is subject to neuromore’s Privacy Policy (http://www.neuromore.com/privacy/), which forms part of this EULA, and which may be accessed from neuromore’s home page. Our Privacy Policy (http://www.neuromore.com/privacy/) is deemed to be incorporated into this EULA. You agree to neuromore’s collection, use and sharing of your information as set forth in neuromore’s Privacy Policy (http://www.neuromore.com/privacy/).

7.2 ASSIGNMENT BY US

neuromore may transfer its rights and obligations under this EULA to any company, firm or person at any time. You may not transfer your rights or obligations under this EULA to anyone else. These Terms are personal to End-User and no third party is entitled to benefit under this EULA except as set out here.

7.3 INDEMNITY BY YOU

You agree to defend, indemnify and hold neuromore and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of this EULA. neuromore reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with neuromore’s defense of such claim.

7.4 WARRANTIES AND LIMITATIONS

(a) THE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND NEUROMORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO IT, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR CURRENCY OF THE SERVICES OR THEIR CONTENT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY NEUROMORE. NEUROMORE DOES NOT WARRANT THAT THE NEUROMORE SERVICES OR ASSOCIATED DOCUMENTATION WILL MEET YOUR REQUIREMENTS, WILL BE COMPATIBLE WITH YOUR DEVICES, OR THAT THE OPERATION OF THE NEUROMORE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF NEUROMORE SERVICES IS WITH YOU. NEUROMORE MAKES NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

(b) Third Party Products may carry a limited warranty from the third-party publisher, provider or original manufacturer of such Third Party Products. To the extent required or allowed, neuromore will pass through to End-User manufacturer warranties related to such Third Party Products, if any. Notwithstanding the foregoing, End-User acknowledges that neuromore is not responsible for the fulfillment of any Third Party Product warranty or for problems attributable to use of Third Party Products. ALL THIRD PARTY PRODUCTS ARE PROVIDED BY NEUROMORE ON AN “AS IS” BASIS.

(c) End-User represents and warrants that (a) End-User shall use the neuromore Services only for lawful purposes, and will comply with all Applicable Laws; (b) End-User shall use the neuromore Services only for its internal business needs and for no other commercial or third party uses; and (c) End-User’s access to and collection, use, relocation, storage, disclosure and disposition of User Data shall comply with all Applicable laws, including without limitation, all privacy and data security laws.

(d) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

7.5 APPLICABLE LAW

Your use of the Services is governed by the terms and conditions this EULA and shall be construed and enforced in accordance with the laws of the State of Delaware, United States. End-User agrees that any action will be commenced exclusively in a state or federal court situated within the state of Delaware, and End-User irrevocably submits to the jurisdiction and venue of any such court for such purpose.

If Your organization is subject to laws that prohibit End-User from agreeing to the foregoing governing law and/or venue provisions, then (i) the terms of such provisions of this EULA shall be deemed to be modified to reflect the governing law and/or venue required by Applicable Law; and (ii) End-User must, within thirty days of the commencement of its Subscription Term, notify neuromore (directed to info@neuromore.com) to identify the Applicable Laws that apply to End-User and the resulting modifications to the governing law and/or venue provisions of this EULA.

7.6 NO WAIVER

If neuromore delays exercising or fails to exercise or enforce any right available to neuromore under this EULA, such delay or failure does not constitute a waiver of that right or any other rights under this EULA.

7.7 FORCE MAJEURE

neuromore will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by neuromore to comply with this EULA, where such lack, unavailability or failure arises from any cause beyond neuromore’s reasonable control.

7.8 INTERPRETATION

In this EULA, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

7.9 WRITTEN COMMUNICATIONS

Applicable Laws require that some of the information or communications neuromore sends to you should be in writing. When using the Services, you accept that communication with neuromore will be mainly electronic. neuromore will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that neuromore provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

7.10 NOTICES

Except as otherwise noted in this EULA, all notices given by you to neuromore must be given to neuromore at info@neuromore.com. neuromore may give notice to you at the e-mail address you provide to neuromore when you register. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

7.11 SEVERABILITY

If any court or competent authority decides that any of the provisions of this EULA are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

7.12 ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between neuromore and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between End-User relating to their subject matter. End-User and neuromore acknowledges that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this EULA or the documents referred to in them.

7.13 THIRD PARTY RIGHTS

A person who is not party to this EULA will not, subject to section 6 (DMCA), have any rights under or in connection with this EULA.

7.14 ALLOCATION OF RISK.

End-User acknowledges and agrees that neuromore has set its prices and entered into this EULA and permitted End-User’s subscription to the neuromore Services in reliance upon the disclaimers of warranty and the limitations of liability in this EULA, that the same reflect an allocation of risk between neuromore and End-User (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between neuromore and End-User. If End-User is subject to Applicable Laws that prohibit End-User from indemnifying neuromore as set forth herein or prohibit End-User from entering into the risk allocation arrangement set forth herein, then (a) the terms of such provisions of this EULA shall apply to End-User only to the fullest extent permitted by Applicable Law, it being understood that End-User and neuromore each wish to enforce the provisions of this EULA to the maximum extent permitted by Applicable Law; and (b) End-User must, within thirty (30) days of the commencement of the Subscription Term, notify neuromore via email (directed to info@neuromore.com) to specifically identify the Applicable Laws that apply to End-User and the resulting modifications to the risk allocation and indemnification provisions of this EULA as a result of the application of such Applicable Laws.

7.15 NEUROMORE LIABILITY

IN NO EVENT SHALL NEUROMORE OR ITS AFFILIATES, SUPPLIERS, CLIENTS, OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE TO END-USER FOR ANY LOST PROFITS, LOST SAVINGS, LOST USER DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF USER DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR FOR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SERVICES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE SERVICES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any neuromore User on or through the Services. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this EULA of use or your use of the Services exceed, in the aggregate, the amount, if any, paid by you to neuromore for your use of the Services during the previous Subscription Term.

7.16 EXPORT COMPLIANCE

End-User may not use or otherwise export or re-export the neuromore Services except as authorized by United States law and the Applicable Laws of the jurisdiction in which the neuromore Services were obtained. In particular, but without limitation, the neuromore Services may not be exported or re-exported (i) into any U.S. embargoed countries, or (ii) 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 or Entity List. By using the neuromore Services, End-User represents and warrants that End-User is not located in any such country or on any such list. End-User also agrees that it will not use these products for any purposes prohibited by United States law.

7.17 ENGLISH LANGUAGE CONTROLS

This EULA was prepared in the English language.

7.18 QUESTIONS

Any questions regarding this EULA should be directed to info@neuromore.com.

Copyright 2016, neuromore Inc.

All Rights Reserved.

neuromore EULA – of

neuromore.

Privacy Policy.

Last Revised: May 25, 2016

1. Introduction

This Privacy Policy describes the policies and procedures to which Neuromore Inc. and its wholly owned subsidiaries, hereinafter referred to as “neuromore”, “we” or “our”, adheres to in the collection, use, and disclosure of the information you provide when using our services, websites, widgets, computer programs, and applications (collectively, our “Services”). We are aware that your privacy is important and we strive to protect the personal and confidential data of our website visitors and registered users of the neuromore website (“Members”) to the greatest degree possible. The effective date of this Privacy Policy is May 25, 2016.

By using the Services, you consent to the collection, use, processing, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country you live in, you authorize us to use your data in, and as a result to transfer it to and store it in, the United States, Ireland, and any other country where we operate. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.

From time to time, our Privacy Policy may change and shall be effective upon publication on our website. We will make reasonable efforts to notify you of any material change to this Privacy Policy prior to the change becoming effective, and the new version of our Privacy Policy will be posted on our website (www.neuromore.com). We encourage you to periodically review this page for the latest information on our privacy practices. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

neuromore strives to use current industry standard information security best practices to maintain the security of the sensitive information we collect from and on behalf of individuals, including website visitors, Members using the neuromore website, or business and individual Members who purchase other Services. We will review these practices from time-to-time against new and emerging standards to guarantee the required security of your data.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website, widgets or applications. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website, widgets or applications.

2. Types of Data

neuromore may obtain various types of personal data about our Members and website visitors. Such data may include contact information names, address, phone number, and email address; Biometric Data (as defined below), information about products and Services ordered or provided; payment information, passwords, and information collected through Internet-based and e-commerce activities, images, and other transaction-related data. neuromore generally distinguishes between the following types of data:

* Personally Identifiable Data

* Non-Personally Identifiable Data

Personally Identifiable Data and Non-Personally Identifiable Data may collectively be referred to as data throughout this Privacy Policy. We may collect, store and/or handle one or more of the stated types of data according to the program, product or service you choose (to access or participate in). We may also share certain aggregated or otherwise de-identified data after we have removed any private Personally Identifiable Data (such as your name or email address). Our respective rights and obligations related to each type of data are defined and described below.

2.1 Personally Identifiable Data

2.1.1 Definition

For the purpose of this Policy, neuromore defines Personally Identifiable Data as both “Personally Identifiable Information” and “Biometric Data.” “Personally Identifiable Information” means all information that can be used to identify you, such as your first and last name, your address, your phone number and/or your email address. “Biometric Data” means data collected by sensors (e.g. 3rd party headbands, heart rate monitors, fitness trackers, etc.), including the raw recordings from the sensors (e.g. EEG data, commonly known as brainwaves) as well as any scores or performance data that are generated for you as part of your use of neuromore Services.

2.1.2 Collection

We collect Personally Identifiable Data from businesses and individuals that elect to become registered users of the neuromore website (“Members”), and Members who also use the products and Services of neuromore, whether as free or fee-based subscriptions.

2.1.3 Ownership and License

Your Personally Identifiable Data belongs to you, and you retain, at all times, complete ownership of all personal data collected during your use of neuromore Services. We will retain your Personally Identifiable Data for as long as your account is active or as needed to provide you Services. We will retain and use your information as reasonably necessary to conduct our business, comply with our legal obligations, resolve disputes, and enforce our agreements. As you are the owner of your Personally Identifiable Data, at any time, you may request neuromore to deactivate your account by following the process in Section 2.1.4 below, and we will delete your Personally Identifiable Data.

2.1.4 Storage and Protection

We will store Personally Identifiable Data securely on our cloud servers located in Ireland while using security methods that are current industry standards for the protection of personally identifiable information.

Our clients may update, access, delete inaccuracies, or correct certain Personally Identifiable Data by contacting us at help@neuromore.com to do so. You should also contact help@neuromore.com to deactivate your account and request deletion of your Personally Identifiable Data from our servers, although such request may impact our ability to continue performing purchased Services on your behalf. We will respond to your requests within 60 days.

2.2 Non-Personally Identifiable Data

2.2.1 Definition

For the purposes of this Policy, neuromore defines “Non-Personally Identifiable Data” as information that enables neuromore to track site, service and application usage such as access date and time, the specific web and application service used, frequency and duration of access, and other users contacted or collaborated with via neuromore Services. This information will be used to recognize repeat information, estimate usage patterns, analyze bounce rate, pages per visit, search engine referrals, etc. We may link this automatically collected data to other information we collect about you. The technology used to collect this information will be via Google Analytics and HTTP cookies.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online Services (behavioral tracking). See the Do Not Track Disclosure, Section 2.2.4, for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

2.2.2 Collection

We collect Non-Personally Identifiable Data from website visitors and all Members.

2.2.3 Storage and Protection

We will store Non-Personally Identifiable Data both in the United States, Ireland and other countries while using security methods that are current industry standards for the protection of non-personally identifiable information.

2.2.4 Do Not Track Disclosure

We support the Do Not Track browser setting. Do Not Track (or DNT) is a preference you can set in your browser to let the website you visit know that you do not want them collecting certain information about you.

For more details about Do Not Track, including how to enable or disable this preference, visit this Do Not Track Webpage. This page contains instructions on how to enable or disable the Do Not Track setting for multiple browsers: Chrome, Firefox, Safari, Opera and Internet Explorer.

3. Data stored on local devices

By using our Services, some or all of your Personally Identifiable Data may be stored on your local device, depending on the device you are using (for example your smartphone, tablet or computer), and/or uploaded to our cloud servers. As you handle the data on your local device, we urge you to take measures to protect your Personally Identifiable Data. One possibility might be to save the Personally Identifiable Data via application password. We also recommend additional protection such as local data encryption, optionally chosen by the user (offered on both Google® Android(™) and Apple® iOS(™) devices). Alternatively you can also delete your locally stored Personally Identifiable Data.

For more information on Apple IOS (iPhone / iPad) security, please see: https://www.apple.com/iphone/business/docs/iOS_Security_Oct12.pdf

For more information on Google Android security, please see: http://developer.android.com/guide/faq/security.html

4. Sharing with other users on social media

Members can share their neuromore data with other users via neuromore Services. Within the application, we will use either a confirmation mechanism or a notification to solicit and confirm your consent. However, information shared by our Members through channels such as e-mail, chat or any other social media cannot be controlled by neuromore. You share your information at your own risk. We urge you to think carefully about the data you share with others in or through the Services. Your interactions with these features are governed by the privacy statement of the company providing it.

5. Situations requiring the disclosure of data

neuromore may disclose data to business partners as appropriate in connection with a legitimate business need in the United States, Ireland, or other countries. In addition, neuromore discloses data to service providers as needed for such service providers to perform services on behalf of neuromore. Service providers may not use data for other purposes. We share your payment information with payment services providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit or debit cards.

Special situations may also require the disclosure of your data collected through neuromore Services. This may happen in the good faith belief that such action is necessary or if it is required to do so by law. The data may be disclosed to: (1) conform to existing law or comply with legal process served on neuromore or the neuromore website, (2) protect and defend the rights or property of neuromore, or (3) in urgent circumstances to protect the personal safety of users of neuromore, neuromore Services or the public.

6. Ethical aspect

neuromore is devoted to acting in a socially responsible manner when collecting, storing, processing, transferring, disclosing and/or using any information from you. We are committed to foster research and dialog surrounding the ethics of biodata and developing clear, meaningful, and achievable standards for ensuring the efficacy of biodata technologies and safeguarding the privacy of our Members.

7. Product information

Subject to conformity with applicable law, we may send you product or service-related information, and/or invitations to participate in surveys, research programs, etc. We recommend reading any notice belonging to such communication before you consent to participate. Also, you may use neuromore’s unsubscribe mechanism that is included in any of our marketing or commercial communication to notify us if you no longer want to receive such information, or by emailing us at help@neuromore.com.

8. Service-related Announcements

We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

9. Our Policy Towards Children

Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us here. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with data, we take steps to remove such information and terminate the child’s account.

10. User Forums

If you use a forum on this website, you should be aware that any personal data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal data you choose to submit in these forums. You may remove your post along with your personal data you submit within these forums by contacting us at help@neuromore.com.

11. Links to Other Sites

If you click on a link to a third party site, you will leave the neuromore website that you are visiting and be redirected to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal data by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as neuromore. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to the neuromore website, you should read that site’s privacy statement before providing any personal data.

12. Contact

Thoughts or questions about this Privacy Policy? Please let us know by contacting:

Privacy Officer

contact@neuromore.com

neuromore Inc.

350 Lincoln Rd

Miami Beach, FL 33139

United States

neuromore privacy policy – of

By continuing to use the site, you agree to the use of cookies. more information

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

Close