Terms of Use for NeuroWellness

Last Updated: Oct 8th, 2025

1. Acceptance of Terms

By accessing or using our application, NeuroWellness and any related services (collectively, the "App"), you agree to be bound by these Terms of Use ("Terms") set up by AI-NeoTech LLC (hereafter: “the company”).

If you do not agree to these Terms, you must not use the App.

2. Non-Medical Disclaimer

The App IS NOT A MEDICAL DEVICE AND IS NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY DISEASE, MEDICAL CONDITION, MENTAL DISORDER, PSYCHIATRIC CONDITION, PSYCHOLOGICAL CONDITION, NEUROLOGICAL CONDITION, OR ANY OTHER MOOD OR HEALTH-RELATED DISORDER/CONDITION.

THE APPLICATION IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR MENTAL HEALTH CONDITION.

The App is an AI driven tool that receives EEG sensor data for information and wellness purposes and provides insights into the neural patterns.

It is not a substitute for professional medical or mental health advice, diagnosis, or treatment.

The App's capabilities are for informational purposes only. You should not rely on the information from this App to make diagnostic or treatment decisions.

Always seek the advice of your physician, mental health counselor, or other qualified health provider with any questions you may have regarding a medical or mental health condition.

Any AI-generated insights, metrics or notification produced by the App are probabilistic and informational.

They are not verified medical analyses or predictions and should not be relied upon for any health or safety decisions.

3. Privacy Policy and Data Use

a. Agreement to Privacy Policy

• Your access and use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.
• The Privacy Policy details the types of data we collect, including Personal Information, health data (including sensor EEG data, if available), and other usage data, how we use and store that data, and under what limited circumstances we may disclose it.
• By using the App, you acknowledge that you have read and understood our Privacy Policy and consent to the data practices described therein.
• As of the current version, EEG and personal data are processed and stored locally on your device.
• In future versions, users may choose to enable remote data processing or storage through secure servers.
• When enabled, these features will be governed by this same Privacy Policy and any supplemental notices provided to you at the time of activation.

b. Licensing of Anonymized Data

• You retain ownership of your raw EEG data and any other personal data you submit or transmit through the App ("User Data").
• No license is granted with respect to EEG or personal data that remains stored solely on your device.
• However, where data is transmitted to our servers, you hereby grant AI-NeoTech LLC a non-exclusive, worldwide, royalty-free license to use such data in anonymized and aggregated form for lawful purposes, including but not limited to: (i) research and development; (ii) improving the App's AI models, algorithms, and features; (iii) creating and distributing statistical or analytical reports; and (iv) other internal business purposes.

c. Non-Medical and Regulatory Status

• AI-NeoTech LLC is not a "covered entity" as defined under the U.S. Health Insurance Portability and Accountability Act (HIPAA), and the App is not a HIPAA-compliant service or medical record system.
• By using the App, you acknowledge and agree that the protections afforded by HIPAA and similar state laws may not apply to your User Data (including your EEG data) processed through the App.

d. User Responsibility and Data Transmission Risk

• You acknowledge and agree that any data, including personal information, EEG data, and sensitive medical history, that you share, submit, transmit, or store through the App is done entirely at your own risk.
• While the Company implements commercially reasonable measures designed to protect your data, the transmission of information via the internet and the storage of digital information are never completely secure.
• The Company does not warrant or guarantee the absolute security of any data transmitted to or from the App or stored within its systems, and you assume all risk for any unauthorized access, loss, corruption, or disclosure of your data.

4. Limitation of Liability and Assumption of Risk

Limitation of Liability

You expressly understand and agree that AI-NeoTech LLC, including its officers, directors, employees, agents, and affiliates, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:

• Your use of or inability to use the App, its content, or any predictive or automated notification provided by the App.
• The cost of procurement of substitute goods and services resulting from any data, information, or services obtained through the App.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party on the App.

Disclaimer of Warranties and Assumption of Risk

• The App is provided on an "as is" and "as available" basis.
• The Company makes no warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• You assume full responsibility for your own health and wellness decisions and outcomes.
• The Company, its employees, agents, and affiliates shall not be held responsible or liable for any diagnostic or treatment decisions you make based on the information or insights provided by the App.
• Your reliance on any information provided by the App is solely at your own risk.

AI-Generated Insights Disclaimer

• The Company’s AI algorithms may generate pattern analyses, predictions, or notifications derived from EEG data.
• These insights are intended solely for general wellness and informational purposes and are not medical advice.
• The Company disclaims any liability for reliance upon these insights for health or safety decisions.

d. Crisis and Emergency Warning

• The App is not a crisis intervention tool or a substitute for medical imaging, testing or clinical care.
• If you are experiencing distress or a mental health crisis, you should contact a doctor or mental health counselor and not the Company.
• In the event of a medical or mental health emergency, you must immediately contact your local emergency services (e.g., call 911 or the appropriate local number in your country).

e. Maximum Liability Cap

You expressly understand and agree that, to the fullest extent permitted by applicable law, the total, aggregate liability of AI-NeoTech LLC, its officers, directors, employees, agents, and affiliates, to you for any and all claims arising out of or relating to these Terms or your use of (or inability to use) the App, shall be limited to an amount not to exceed the greater of (i) One Hundred U.S. Dollars ($100.00) or (ii) the amount you paid, if any, to the Company for access to the App in the twelve (12) months immediately preceding the event giving rise to the claim. This limitation of liability is comprehensive and applies to all damages of any kind.

5. User Eligibility and Age Restriction

Age Requirement and Warranty

• The App is explicitly intended solely for users who are eighteen (18) years of age or older.
• By accessing, downloading, or using the App, you represent and warrant that you are at least 18 years old and possess the legal capacity to enter into this agreement.
• If you are under the age of 18, you are not authorized to use the App and must immediately cease use.

Misrepresentation and Liability

• The Company is not responsible for verifying the age of any user.
• The Company shall not be liable for any damages, losses, or issues whatsoever arising from the use of the App by a person who is under the age of 18 and has misrepresented their age.

Indemnification for Unauthorized Use

You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives from any and all claims, demands, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your use of the App while under the age of 18; or
• Any breach of your warranty regarding your age and legal capacity to use the App.

6. Intellectual Property Rights and Ownership

Ownership of App Content and Features

• You acknowledge and agree that the App, including all of its content, features, and functionality (including, but not limited to, all information, software, data, code, text, displays, graphics, logos, images, video, audio, and the design, selection, and arrangement thereof) are the exclusive property of AI-NeoTech LLC ("the Company") , its licensors, or other providers of such material.
• These materials may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Restrictions on Use

• This legal agreement permits you to use the App solely for your personal, non-commercial use.
• You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as generally permitted through the App’s normal functionality.

Trademarks

• The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are copyrights or trademarks of the Company or its affiliates or licensors.
• You must not use such marks without the prior written permission of the Company.
• All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.

d. Ownership of Generated Insights and Reports

• The App may generate customized reports, patterns, analyses, and neuro-insights (collectively, "Insights") based on your EEG data and User Data.
• You acknowledge and agree that the proprietary algorithms, predictive models, code, and methods used by the App to produce these Insights are and shall remain the exclusive Intellectual Property of AI-NeoTech LLC.
• AI-NeoTech LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the specific Insights generated from your User Data solely for your personal, non-commercial use and internal reference.
• This license explicitly prohibits you from reproducing, distributing, or creating derivative works from the Insights for any commercial purpose without the Company's express prior written consent.

7. Right to Terminate or Suspend

You agree that AI-NeoTech LLC ("the Company") may, in its sole discretion and without prior notice or liability, immediately terminate or suspend your access to all or part of the App for any reason whatsoever, including, without limitation, your breach of these Terms of Service or any other agreement incorporated herein.

Effects of Termination

• Upon termination of your access, your right to use the App will immediately cease.
• If your access is terminated, you must immediately destroy all copies, including electronic copies, of App content, materials, and software in your possession or control.
• Termination will not affect any of your or the Company’s rights and obligations that accrue before the termination date.

Survival

The following Sections of these Terms shall survive any termination of your use of the App: Limitation of Liability, Disclaimer of Warranties and Assumption of Risk, User Eligibility and Age Restriction (Indemnification), Intellectual Property Rights and Ownership, and the Survival section itself.

8. Governing Law and Dispute Resolution

a. Governing Law

These Terms of Service and any dispute or claim arising out of, or related to, them or the App (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of The State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.

b. Agreement to Binding Arbitration

YOU AND AI-NEOTECH LLC AGREE TO RESOLVE ANY AND ALL DISPUTES OR CLAIMS ARISING BETWEEN YOU AND THE COMPANY THROUGH FINAL AND BINDING ARBITRATION rather than in court, with the exception of claims for injunctive relief or those relating to the infringement of Intellectual Property Rights.

This agreement to arbitrate is intended to be broadly interpreted.

c. Waiver of Class Action and Jury Trial

You and the Company agree that, by entering into this agreement, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY and THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

You may bring claims only on your own behalf, and not on behalf of any other person or entity.

d. Arbitration Procedures

• The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section.
• The arbitration shall take place in Broward County, Florida, or at a mutually agreed-upon location.
• The arbitrator will have the authority to award the same relief that a court could, but may not consolidate claims or award relief greater than that requested.
• The Company will bear the costs of the arbitration if the claim is below One Hundred U.S. Dollars ($100.00).

e. Exception to Arbitration

Notwithstanding the agreement to arbitrate, the Company may still bring an action in any court of competent jurisdiction to seek temporary or preliminary injunctive relief against you related to the infringement of its Intellectual Property Rights or the misuse of the App, pending a final ruling from the arbitrator.

9. Changes and Modifications to Terms

Right to Modify

AI-NeoTech LLC ("the Company") reserves the exclusive right, at its sole discretion, to revise and update these Terms of Service from time to time.

Notice and Effective Date

• We will provide notice of any material changes by posting the new Terms on this page or through a notification within the App itself, or both.
• Any changes to these Terms will become effective no sooner than fourteen (14) days after they are posted, except for changes addressing new functions of the App or changes made for legal reasons, which may be effective immediately.

User Acceptance

• Your continued access or use of the App after the effective date of the revised Terms constitutes your explicit acceptance and agreement to be bound by the revised Terms.
• If you do not agree to the new Terms, you must stop using the App immediately.
• It is your responsibility to check this page periodically to be aware of any changes.

10. Payments, Subscriptions, and Billing

a. Subscription Terms

• The App is offered on a subscription basis (the "Subscription") for the fees and duration specified at the time of purchase.
• By purchasing a Subscription, you acknowledge that it will automatically renew at the stated interval unless cancelled.
• You may cancel any time before the renewal date to avoid additional charges.
• Your Subscription will automatically renew at the end of the specified billing period (e.g., monthly, annually) unless you cancel it in accordance with the cancellation policy below.
• You authorize the Company (or its third-party payment processor) to charge the then-applicable Subscription fee to your designated payment method for the renewal term.

b. Pricing and Fee Changes

• The Company reserves the right to change the Subscription fees, impose new charges, or introduce new tiers of service at any time upon notice to you.
• Any change in fees will become effective upon the next renewal of your Subscription following the notice.

c. Free Trials and Promotional Offers

• If the App is offered with a free trial period (e.g., 7 days), we will begin billing your payment method upon the expiration of the trial period unless you cancel your Subscription prior to that expiration.
• The Company reserves the right to determine eligibility for any free trial or promotional offer and to modify or revoke such offers at any time without notice.

d. Payment Processing and Errors

• You agree to provide current, complete, and accurate payment information.
• You agree to promptly update all payment information to keep it current.
• If a payment is not successfully settled, your access to the App may be suspended or terminated.

e. Cancellation and Termination

• You may cancel your Subscription at any time through the App's account settings or through the platform where you purchased the Subscription (e.g., Apple App Store, Google Play Store).
• You will continue to have access to the Subscription features until the end of your current billing period.
• The cancellation will take effect the day after the last day of the current billing period.

f. Refund Policy

ALL SUBSCRIPTIONS, PURCHASES, AND FEES ARE NON-REFUNDABLE.

• The Company is under no obligation to provide refunds or credits for any partial months or years of service or for any unused time on an active Subscription, regardless of the reason for cancellation, except as expressly required by applicable law.
• If purchased through Apple, Google Play, or another platform, their respective billing and refund policies apply.

11. Emergency Contact Functionality Disclaimer

• The App may allow you to designate emergency contacts and send automated notifications.
• The Company does not monitor or respond to emergencies, nor does it contact emergency services.
• All notifications are sent from your device only, and the Company disclaims any responsibility for delays, delivery failures, or consequences from their use.

12. Contact Information

Should you have any questions, comments, or legal concerns regarding these Terms of Service, the App, or the Company, you may contact us using the following details:

• By Email: support@aineotech.org