Web Site and Mobile Application Terms and Conditions (“Terms”)
Please read the following Terms carefully that govern the basis on which SWITCH ON YOUR BRAIN INTERNATIONAL, LLC (“COMPANY”, “our” or “we”) supply content, products or services listed on www.neurocycle.app (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of COMPANY).By accessing or using the Product, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of COMPANY. If you do not agree to any portion of these Terms, you should not access or otherwise use the Product. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Product.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Product or through other communications. We will make an effort to update this page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently because if you continue to use the Product after we have posted modified Terms on the Product, you are indicating to us that you agree to be bound by the modified Terms (the date of the most recent revision to these Terms appear at the end of these Terms).
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
COMPANY MAY USE ANY RAW DATA OR USER MATERIAL (AS DEFINED IN THE “USER MATERIAL” SECTION OF THESE TERMS) SUBMITTED BY YOU OR COLLECTED THROUGH YOUR USE OF THE PRODUCTS FOR RESEARCH PURPOSES TO STUDY ITS NEUROCYCLE PROCESS. THE DATA USED FOR RESEARCH PURPOSES MAY INCLUDE, WITHOUT LIMITATION, INFORMATION OBTAINED IN RESPONSE TO QUESTIONS PRESENTED TO YOU IN THE PRODUCTS AS WELL AS DEMOGRAPHIC INFORMATION. THE RESULTS OF ANY RESEARCH MAY BE PUBLISHED AND MADE AVAILABLE TO THE PUBLIC AND MAY BE USED BY COMPANY FOR ITS OWN PURPOSES INCLUDING ADVERTISING AND MARKETING. YOU WILL RECEIVE NO COMPENSATION OF ANY KIND FOR YOUR PARTICIPATION IN ANY RESEARCH CONDUCTED WHICH USES INFORMATION OBTAINED FROM YOUR USE OF THE PRODUCTS. YOUR PARTICIPATION IS VOLUNTARY BUT IF YOU DECLINE TO PARTICIPATE, COMPANY MAY TERMINATE YOUR ACCESS TO THE PRODUCTS TO ENSURE YOU ARE NOT INCLUDED IN THE RESEARCH. PLEASE READ THE “INFORMED CONSENT AND AUTHORIZATION TO USE AND DISCLOSE INFORMATION” SECTION OF THESE TERMS CAREFULLY BEFORE AGREEING TO USE THE PRODUCTS AND CONTACT COMPANY BY PHONE AT 817-917-4815 OR EMAIL HELP@NEUROCYCLE.APP WITH QUESTIONS ABOUT ANYTHING YOU DO NOT UNDERSTAND OR IF YOU DO NOT WISH TO PARTICIPATE IN THE RESEARCH.
COMPANY IS A PROVIDER OF POSITIVE THINKING TRAINING IN THE HEALTH & WELLNESS SPACE. WE ARE NOT A HEALTH CARE OR MEDICAL DEVICE PROVIDER, NOR SHOULD THE PRODUCTS BE CONSIDERED MEDICAL ADVICE. COMPANY MAKES NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT THE PRODUCTS PROVIDE A THERAPEUTIC BENEFIT. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS AND ANY OTHER INFORMATION YOU OBTAIN FROM COMPANY ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, CURE, MITIGATE, PREVENT, TREAT OR PROVIDE THERAPY FOR ANY CONDITION OR DISEASE OR PHYSICAL OR MENTAL CONDITION, TO ASCERTAIN THE STATE OF YOUR PHYSICAL OR MENTAL HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. THE PRODUCT IS NOT INTENDED AS A MEDICAL DEVICE OF ANY TYPE. NOT ALL ACTIVITIES DESCRIBED ON THE PRODUCTS ARE SUITABLE FOR EVERYONE. THE PRODUCT’S CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TEST, TESTING, PHYSICIAN, MEDICAL PROVIDER, INSURANCE COMPANY, PRODUCT, SERVICE PROCEDURE, OPINION, BELIEF, OR ANY OTHER INFORMATION WHICH MAY BE MENTIONED IN THE PRODUCT. PEOPLE WITH EXISTING MENTAL HEALTH CONDITIONS SHOULD SPEAK WITH THEIR HEALTH CARE PROVIDERS BEFORE USING THE PRODUCT.
1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Product, COMPANY does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) COMPANY has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Product will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Product is accurate or complete. Your use of the Product and the services offered therein are subject to federal law and the law of the State of Texas, United States, without respect to any conflict of law rules (“Applicable Law”) as further described in the “Governing Law; Exclusive Venue” section.
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Individuals under the age of 18, or the applicable age of majority, may utilize the Product only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms. In any case, you affirm that you are over the age of 13, as THE PRODUCT IS NOT INTENDED FOR CHILDREN UNDER 13.
2. PRODUCT USE AND CONTENT. You may view or download Content from the Product solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Product without the express, prior, written consent of COMPANY. At any time, we may, without further notice, make changes to the Product, to these Terms and/or to the services described in these Terms.
3. GENERAL INFORMATION.
(a) DATA PROCESSIINNG AND STORAGE. AS PART OF YOUR USE OF THE PRODUCTS, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
(b) USER ACCOUNT. For certain types of features available through the Product, we require your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). To set up a User Account you need to go to the relevant section of the Product, then submit your email address to us, and create a password to be used in conjunction with that email address. In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner or has unrestricted access to a User Account and each person that uses the Products with your permission. You may never use another person’s User Account and/or UserID without permission. By signing up for a User Account you opt-in to receive occasional special offer, marketing, survey and other communications about the Product by email. You can unsubscribe from these emails by following the opt-out instructions in the emails.
(c) PASSWORD AND SECURITY. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Product. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You also agree to immediately notify COMPANY of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by calling 817-917-4815 or by email at Help@neurocycle.appor through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
(d) RELIANCE BY COMPANY. You authorize COMPANY to rely on your UserID and password to identify you when you use the Products, and as signature authorization for any payment made using the Products. You acknowledge and agree that you are responsible for all payments you make using the Product. You also acknowledge and agree that if you permit another person or persons to use the Product or give them your UserID and/or password, you are responsible for any payment that person makes through your User Account, even if the person exceeds your authorization.
(e) RIGHTS IN PRODUCTS GRANTED BY COMPANY.
(i) Subject to your compliance with these Terms, and your payment of applicable subscription fees, COMPANY grants you a limited non-exclusive, non-transferable, non-sublicenseable, revocable license to stream, download and make personal non-commercial use of the Product. COMPANY reserves all rights in and to the Product not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Product; (ii) distribute, transfer, sublicense, lease, lend or rent the Product to any third party; (iii) reverse engineer, decompile or disassemble the Product; (iv) make the functionality of the Product available to multiple users through any means; or (v) use the Product in any way that violates these Terms.
(ii) The Product contains or embodies copyrighted material, proprietary material or other intellectual property of COMPANY or its licensors. All right, title and ownership in the Product remains with COMPANY or its licensors, as applicable. The rights to download and use the Product are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with the Terms.
(f) FOREIGN EXPORT LAWS AND RESTRICTIONS. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Product nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Product, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(g) ADDITIONAL TERMS FOR APP STORES. If you accessed or downloaded the Product from the Apple Store, then you agree to use the Product only: (i) on an Apple-branded products or devices that run iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service. If you accessed or downloaded the Product from another app store or distribution platform (Google Play, Amazon Appstore, DrLeaf.com webapp store etc.) where the Product is made available (together with the Apple Store referred to as an “App Provider”), then you acknowledge and agree that:
(i) These Terms are concluded between you and COMPANY, and not with App Provider, and that, as between COMPANY and the App Provider, COMPANY, is solely responsible for the Product.
(ii) App Provider has no obligation to furnish any maintenance and support services with respect to the Product.
(iii) App Provider has no warranty obligation whatsoever with respect to the Product.
(iv) App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Product or your possession and use of the Product, including, but not limited to: (i) product liability claims; (ii) any claim that the Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(v) App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Product, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Product against you as a third party beneficiary thereof.
(vi) You must also comply with all applicable third-party terms of service when using the Product.
(vii) To use the Product on a smartphone or tablet, your device must satisfy certain system requirements. The requirements can generally be found on the App Provider marketplace.
(h) ELECTRONIC COMMUNICATION.
(ii) Email. When you enroll in the Product, you must designate a primary email address that will be used for receiving electronic communication. When using the Product, you agree that the email address you provide to COMPANY may be utilized by COMPANY for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your relationship with COMPANY. COMPANY will NEVER send you email requesting confidential information such as account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from COMPANY, do not respond to the email and notify COMPANY by calling 817-917-4815 or forwarding the email to Help@neurocycle.app. Usage of Electronic Communication. By your enrollment in the Product, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that COMPANY may respond to any communication you send to COMPANY with an electronic communication, regardless of whether your original communication with COMPANY was an electronic communication. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that COMPANY provides to you electronically comply with any legal requirements that such communications be in writing. Any electronic communication COMPANY sends to you will be considered received when posted on the Products or when an email or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee. To the extent permissible under Applicable Law, any electronic communication you send to COMPANY will not be effective until COMPANY has had a reasonable opportunity to act on the electronic communication. COMPANY strongly suggests that you report all matters requiring immediate attention to COMPANY by calling 817-917-4815. COMPANY may require you to provide written confirmation of any verbal or electronic notice of alleged error by COMPANY. COMPANY reserves the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. COMPANY will provide you with notice of any such termination or change as required by Applicable Law.
(i) In order to retain a copy of an electronic communication, you will be required to have access to a printer or to copy and paste the contents to a document in a word processor or other program on your device.
(ii) You have the right to receive a paper copy of communications. To receive a paper copy, please request it by emailing Help@neurocycle.app COMPANY may charge you a reasonable service charge to mail you a paper copy of any communication.
(iii) You can contact COMPANY via email at Help@neurocycle.app to withdraw your consent to receive any future communications electronically. If you withdraw your consent, COMPANY may terminate your use of the Products.
(i) DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE. COMPANY is committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products 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.
(i) If you feel that content in the Product 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.
(ii) If you believe that your work has been copied and posted in the Product in a way that constitutes copyright infringement, please provide our designated agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Products;
d. Your address, telephone number, and email address;
e. 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
f. 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.
g. Our designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: 2140 E. Southlake Boulevard Suite L #809 Southlake, TX 76092
By E-Mail: Help@neurocycle.app
PROHIBITED CONDUCT. You agree not to do any of the following:
(iii) Post, upload, publish, submit or transmit any content of any kind whatsoever that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(iv) Use, display, mirror or frame the Product, or any individual element within the Product, COMPANY’s name, any COMPANY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without COMPANY’s express written consent;
(v) Access, tamper with, or use non-public areas of the Product, COMPANY’s computer systems, or the technical delivery systems of COMPANY’s providers;
(vi) Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
(vii) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of COMPANY’s providers or any other third party (including another user) to protect the Product;
(viii) Attempt to access or search the Product or download Content from the Product through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by COMPANY or other generally available third party web browsers;
(ix) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(x) Use any meta tags or other hidden text or metadata utilizing a COMPANY trademark, logo URL or product name without COMPANY’s express written consent;
(xi) Use the Product for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
(xii) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Product to send altered, deceptive or false source-identifying information;
(xiii) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Product;
(xiv) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Product;
(xv) Collect or store any personally identifiable information from the Product from other users of the Product without their express permission;
(xvi) Impersonate or misrepresent your affiliation with any person or entity;
(xvii) Violate any applicable law or regulation;
(xviii) Use the Product for any purpose related to scientific research, analysis or evaluation of the Product without the express written consent of COMPANY; or
(xix) Encourage or enable any other individual to do any of the foregoing.
Although COMPANY is not obligated to monitor access to or use of the Product or Content or to review or edit any Content, we have the right to do so for the purpose of operating Product, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Product. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
4. PAYMENTS AND SUBSCRIPTIONS. There is no charge to create a User Account in the Product. COMPANY offers certain features and benefits of the Product through a paid subscription (“Subscription”). You will only have access to the features and benefits of the Subscription as long as you have a valid paid Subscription. You can become a subscriber to the Product by purchasing a subscription through the Product which in some cases is processed by an App Provider. If you purchase a Subscription through an App Provider the payment terms will be subject to the App Provider’s policies and terms. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. For purposes of our lifetime subscription, lifetime constitutes 50 years or until the date COMPANY ceases to commercially offer the Product.
(a) Upon the renewal date of each Subscription, you authorize COMPANY’s payment processor to charge the credit card you used to purchase the Subscription or to authorize an App Provider to charge the credit card or other form of payment you have registered with the App Provider.
(b)COMPANY offers a monthly, yearly or lifetime Subscription. A description of features associated with Subscriptions is available via the . All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) for monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the , you can cancel the renewal of your subscription at any time by contacting us by email at Help@neurocycle.app. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Subscription benefits and features until the end of your current Subscription period. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with COMPANY.
CHANGES TO SUBSCRIPTION PRICES. COMPANY reserves the right to change its pricing terms for Subscriptions at any time and COMPANY will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to COMPANY’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”
RIGHT TO REFUSE ORDER. COMPANY reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances COMPANY deems appropriate in its sole discretion. COMPANY also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Subscription. You may need to provide additional information to verify your identity before completing your order for a Subscription.
(e) In creating and using your User Account on the , you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or COMPANY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COMPANY has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(f) COMPANY reserves the right to terminate your use of the Product for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Product by calling COMPANY at 817-917-4815 or by emailing COMPANY atHelp@neurocycle.app. Any termination of your use of the Product, whether initiated by you or by COMPANY, will not affect any of COMPANY’s rights and obligations under these that have arisen before the effective date of such termination.
(g) All orders and subscriptions are non-refundable.
(h) Your User Account linked to the Product will also be governed by the agreements, disclosures, and other documents provided to you in connection with the opening of your User Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these, then these shall control to the extent of inconsistency.
(i) In case of errors or questions about Payments, you should notify COMPANY at once at by calling 817-917-4815, by email at firstname.lastname@example.org through the online message center (if applicable).
5. USER MATERIAL. The Product may let you submit material, thoughts, reviews, commentary and other information to COMPANY relating to your experience and interaction with the Product. In these Terms, the term “User Material” is used to refer to any material of any kind that you submit to us, including text, files, images, photos, video, and sounds including, but not limited to, your name, address, email address and responses to questions and surveys.
If you submit User Material, you are agreeing to do so in accordance with these Terms. Do not submit any User Material if you do not agree with these Terms. COMPANY reserves the right, in its sole discretion, to delete or edit any of your User Material, with or without notice to you.
COMPANY may use User Material for our internal business purposes such as advertising or marketing.
By submitting User Material in the Product you hereby grant COMPANY an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material, or any portion thereof, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You agree to indemnify COMPANY and its affiliated entities for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
6. INFORMED CONSENT AND AUTHORIZATION TO USE AND DISCLOSE INFORMATION
COMPANY may use any raw data or User Material (as defined in the “User Material” section above) submitted by you or collected through your use of the Products for research purposes to study its 21-Day Brain Detox Plan and Switch On Your Brain 5-Step Learning Process. No personally identifiable information will be used for research purposes. The data used for research purposes may include, without limitation, information obtained in response to questions presented to you in the Products as well as general demographic information. The results of any research may be published and made available to the public and may be used by COMPANY for its own purposes including advertising and marketing. You will receive no compensation of any kind for your participation in any research conducted which uses information obtained from your use of the Products. There is no additional cost to you to participate in the research.
What research is being done?
The primary aim of the research is to determine if the 21-Day Brain Detox Plan and Switch On Your Brain 5-Step Learning Process has a substantively positive impact on participant’s knowledge, attitudes, and skills to self-regulate and control their thoughts and reactions to the events and circumstances they experience as measured by the questions participants answer in the Products.
You will be periodically asked to answer questions in the Products.
The research is designed to happen in 21-day cycles.
There are no material risks in participating in the research. The research does not involve putting anything into your body and no chemicals or stimulation procedures are used.
Benefits of Research
It is hoped that the information gained in the research will help understand the effectiveness of the positive thinking training in the 21-Day Brain Detox Plan and Switch On Your Brain 5-Step Learning Process and gauge participant’s ability to eliminate toxic thoughts.
Researchers may have access to User Material and raw data collected through your use of the Products including, but not limited to, information obtained in response to questions presented to you in the Products as well as your demographic information. All of the research data will be associated with a non-identifying number in place of your name. Any physical (written) data used in research will be locked in designated file cabinets, and electronic date will be password protected. Only the COMPANY and members of the research team will know that you are participating in the research and will see your information.
The following groups may review and use your information. They may review your research information to ensure it is correct. They may also review your information to make sure the study is being conducted properly.
Sterling Institutional Review Board (IRB)
The Department of Health and Human Services (DHHS)
Other research staff who are involved in the study
Your information described in this section may be released to the groups listed above. Because of this, it cannot be assured that your confidentiality will always be protected. It is possible your information will be shared (re-shared) in a way that it would no longer be protected. By using the Products you are authorizing this access to your information described in this section.
The results of the research, including your information, may also be presented at meetings or in articles written about the research (publications). If the results of the research (including your information) are published, your identity will remain confidential.
This permission will have no end date. You have a right to see your research records, but you will not be able to see your records until after the research has ended. You may also take away (or withdraw) your permission to use your information by emailing COMPANY at Help@neurocycle.app. COMPANY is unable to take back anything it has already done or any of your information we have already shared with your permission.
The research will be conducted by Sterling IRB. COMPANY is the sponsor of the research. If you have further questions about the research you can contact COMPANY at Help@neurocycle.app or 817-917-4815 and we can provide additional information and contacts of others involved in the research process.
By using the Products you are representing that you have read this “Informed Consent and Authorization to Use and Disclose Information” section and agree to voluntarily participate in the research. You also give your permission to COMPANY and to those individuals and entities conducting the research to use and disclose your information as described above. You disclaim and waive any interest you may have in receiving any monetary compensation for COMPANY’s use of such information.
Your participation in the research is voluntary and may be terminated at any time but if you decline to participate COMPANY may terminate your access to the Products to ensure you are not included in the research. Please contact COMPANY by phone at 817-917-4815 or email at email@example.com with questions about anything you do not understand or if you do not wish to participate in the research.
(a) YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE PRODUCT ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE PRODUCT, THE PRODUCT, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE PRODUCT ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE PRODUCT WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRODUCT AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE PRODUCT AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) You agree to defend, indemnify and hold COMPANY and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by COMPANY, directly or indirectly, with respect to or arising in any way out of: (i) your use of the Product or any Content contained in the Product; (ii) your placement or transmission of any message, content, information, software, or other submissions through the Product; (iii) your failure to comply with these terms; (iv) your breach of your obligations under these terms; (v) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (vi) your violation of any third party right, including without limitation any copyright, property, or privacy right.
(c) COMPANY is a provider of positive thinking training in the health & wellness space. We are not a health care or medical device provider, nor should the Products be considered medical advice. COMPANY makes no claims, representations or guarantees that the Products provide a therapeutic benefit. You understand and agree that the Content, and any other information you learn from COMPANY are not intended, designed, or implied to diagnose, prevent, treat or provide therapy for any condition or disease or physical or mental condition, or to ascertain the state of your physical or mental health, or to be a substitute for professional medical care. Not all activities described on the Product are suitable for everyone. The content is provided for informational purposes only. COMPANY does not recommend or endorse any specific test, testing, physician, medical provider, insurance company, product, service procedure, opinion, belief, or any other information which may be mentioned in the Product. People with existing mental health conditions should speak with their health care providers before using the Product.
8. COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT OR YOUR PARTICIPATION IN THE RESEARCH DESCRIBED IN THESE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY AND THE WITHDRAWAL OF YOUR PARTICIPATION IN SUCH RESEARCH. EXCEPT FOR THE ACTUAL CHARGES PAID BY YOU DESCRIBED IN PARAGRAPH 4 ABOVE, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT, OR YOUR PARTICIPATION IN THE RESEARCH DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW EVERY EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. (a)COMPANY may provide hyperlinks to other applications maintained by third parties, or COMPANY may provide third party content on the Product by framing or other methods. THE LINKS TO THIRD PARTY APPLICATIONS ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED APPLICATION IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY APPLICATION. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY APPLICATIONS LINKED TO THE PRODUCT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b)If a third party links to the Product, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with COMPANY. In most cases, COMPANY is not even aware that a third party has linked to the Product. A site that links to the Product: (i) may link to, but not replicate, COMPANY’s Content; (ii) may not create a browser, border environment or frame COMPANY’s Content; (iii) may not imply that COMPANY is endorsing it or its products; (iv) may not misrepresent its relationship with COMPANY; (v) may not present false or misleading information about COMPANY’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
11. The trademarks, service marks and logos used and displayed on the Product are COMPANY’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. COMPANY is the copyright owner or authorized licensee, where applicable, of all text, video, graphics and other creative material contained on the Product. All trademarks and service marks of COMPANY that may be referred to on the Product are the property of COMPANY. Other parties’ trademarks and service marks that may be referred to on the Product are the property of their respective owners. Nothing on the Product should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of COMPANY’s trademarks, service marks or copyrights without COMPANY’s prior written permission. COMPANY aggressively enforces its intellectual property rights. Neither the name of COMPANY nor any of COMPANY’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the or otherwise, without COMPANY’s prior written permission, except that a third party that desires to link to the Product and that complies with the requirements of these terms may use the name “SWITCH” in or as part of that URL link. If you believe that any Content on the Product violates any intellectual property right of yours, please contact COMPANY at the address, email address or telephone number set forth at the bottom of these terms. You agree and acknowledge that the Product and all of the above described 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 COMPANY’s express prior written consent.
12. COMPANY makes no representation that content or materials in the Product are appropriate or available for use in jurisdictions outside the United States. Access to the Product from jurisdictions where such access is illegal is prohibited. If you choose to access the Product from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. COMPANY is not responsible for your violation of any law. You may not use or export the Content or materials in the Product in violation of U.S. export laws and regulations. The Product shall be deemed a passive website and service that does not give rise to personal jurisdiction over COMPANY, either specific or general, in jurisdictions other than the place of Applicable Law. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
13. You agree that the Product and these terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the State of Texas without regard to its conflict of law principles. To the extent the you or COMPANY are permitted under these terms to initiate litigation in a court, you agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts of the State of Texas
14. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.
You and COMPANY agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products or Content, or your participation in the research described in these Terms (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide COMPANY with written notice of your desire to do so by email at Help@neurocycle.app within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide COMPANY with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Disputes except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide COMPANY with an Arbitration Opt-out Notice, will be the state and federal courts located in Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide COMPANY with an Arbitration Opt-out Notice, you acknowledge and agree that you and COMPANY are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and COMPANY otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
(b)Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
(c)Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
(d)Arbitration Location and Procedure. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and COMPANY submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(e)Arbitrator’s Authority. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and COMPANY. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under Applicable Law and the arbitral forum's rules. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and COMPANY.
(f)Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses, including reasonable attorneys’ fees, at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(g)Attorney’s Fees and Expenses. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under Applicable Law.
(h)Changes. Notwithstanding the provisions to the contrary, if COMPANY changes this “ARBITRATION” section after the date you first accepted these (or accepted any subsequent changes to these ), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of COMPANY’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and COMPANY in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these terms (or accepted any subsequent changes to these ).
(i)Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
AVAILABILITY. Information that COMPANY publishes in the Product may contain references or cross-references to products, programs or services of COMPANY that are not necessarily announced or available in your area. Such references do not mean that COMPANY will announce any of those products, programs or services in your area at any time in the future. You should contact COMPANY for information regarding the products, programs and services that may be available to you, if any.
NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Product with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by COMPANY unless acknowledge by COMPANY in writing. COMPANY has no obligation to provide you with written acknowledgment. COMPANY may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
TERMINATION OF SERVICE. We may terminate your User Account or right to access Subscription portions of the Product at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Product, to COMPANY, to the business of the Product’s Internet service provider, or to other information providers.
ASSIGNMENT BY COMPANY. COMPANY may transfer its rights and obligations under these Terms to any person or entity at any time. You may not transfer your rights or obligations or rights under these Terms to anyone else. The Terms are personal to you and no third party is entitled to benefit under these Terms except as specifically set out in these Terms.
Your Consent To This Agreement
By accessing and using the Product, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the Product so that you will always be able to understand the terms and conditions that apply to your use of the Product. Your use of the Product following any amendment of these Terms will signify your assent to and acceptance of its revised Terms.
If you have additional questions or comments of any kind, or if you see anything on the Product that you think is inappropriate, please let us know by email Help@neurocycle.app or by sending your comments to:
Switch on Your Brain International, LLC
2140 E. Southlake Boulevard
Suite L #809
Southlake, TX 76092
EFFECTIVE AS OF: September 25, 2022
The first scientifically-tested brain detox app
© 2022 Switch On Your Brain, LLC. All Rights Reserved.
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