Legal

Terms of Service

Last Updated: January 1, 2025

This page explains the terms by which all users ("you" and "your") may download, install, copy, access or use the Evoke Brain Training ("we", "our" and "us") software (App), including any future updates, upgrades or versions of the software (collectively, the "Software") and any associated products and services made available by us or on our behalf from time to time including, but not limited to, our websites, widgets, computer programs, platforms, mobile applications, and training courses and programs (collectively, the "Services") and accompanying documents, information, manuals or other related materials provided by us as part of, or in connection with the Software. By accessing or using the Software and/or the Services, you signify on your behalf and any person or entity that you represent that you have read, understood, and agree to be bound by these Terms of Service (the "Agreement"). We reserve the right to make unilateral modifications to these terms and will provide notice of these changes as described in Section 21 below.

If you are a business, company, institution or other legal entity, you may permit Authorized Users to access and use the Software or the Services in compliance with this Agreement. "Authorized User(s)" mean the following users that you authorize to access or use the Services on your behalf: (a) your employees, agents, or independent contractors; (b) others such as clients, students, or subscribers where the Services is provided to your end user customers together with your other services and not on a standalone basis; or (c) other users expressly authorized to use and access the Services by us.

The Software and the Services are for information purposes only and are not intended to be used for any other purpose, including medical or diagnostic-related purposes.

1. Use of the Software and Services

(a) Eligibility

This is a contract between you and us. By installing, downloading, copying, accessing or using the Evoke Brain Training Software (App) and/or the Services, or otherwise accepting this Agreement, or clicking "accept" (if applicable), you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. If you do not understand or agree, you must not install, download, copy, access or use the Software or the Services. Use of the Evoke Brain Training App is intended solely for the purpose of providing neurofeedback sessions and completing neuropsychological assessments via remote means. You agree not to use the App for any illegal, unauthorized, or unethical purposes. You are responsible for maintaining the confidentiality of your account credentials and agree to notify us immediately of any unauthorized access to your account.

You may use the Software and the Services only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable laws, regulations, and governmental requirements.

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

  1. have the right, authority and capacity to enter into this Agreement on your behalf and the person or entity that you represent (if applicable);
  2. are not prohibited from entering or using the Software or the Services under any applicable laws;
  3. are at least eighteen (18) years of age; and
  4. understand the risks associated with using the Software and the Services.

(b) License Grant

Subject to the terms and conditions of this Agreement and subject to your payment of all applicable fees (including applicable fees for all of your Authorized Users), we hereby grant you and your Authorized Users a limited, personal, non-transferable, non-sub-licensable, and non-exclusive license to install and use a single copy of the Software for your information and personal and internal business and research purposes, together with any applicable Services (the "License"). Except to the extent that you are authorized by us in writing, you are not permitted to provide or resell the Software or the Services to anyone on a standalone basis. We reserve all rights not expressly granted herein in the Software, the Services and our content. We may terminate this License, in whole or in part, at any time for any reason or no reason.

The rights granted to you in this Agreement are subject to the following restrictions. You shall not:

  1. license, sell, rent, lease, transfer, assign, distribute, host, use or allow the use for the benefit of any third party or otherwise commercially exploit the Software or the Services;
  2. remove or alter any copyright notice or any other notices;
  3. modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software or the Services;
  4. access the Software or the Services in order to build a similar or competitive website, product, or service;
  5. interfere with or disrupt the integrity or performance of the Software or the Services;
  6. attempt to gain unauthorized access to the Software, the Services or its related systems or networks;
  7. use the Software or the Services in any manner that interferes with its normal operation or with any other user's use;
  8. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  9. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or
  10. use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of our websites.

(c) User-Generated Content

"User Content" means any text, feedback, ideas, suggestions, documents, proposals, photographs, electroencephalogram (EEG) recordings or other data and information you or anyone acting on your behalf submits to us, including through the Services.

You represent your User Content will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy; will not violate any applicable law or regulation; will not be defamatory, libelous, obscene, abusive, threatening, or otherwise unlawful; and will not contain any viruses or other computer programming routines intended to damage any system or data.

2. Intellectual Property

All content included in or made available through the Software or the Services, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Evoke Brain Training or its content suppliers and is protected by intellectual property laws. The compilation of all content included in or made available through the Software or the Services is the exclusive property of Evoke Brain Training and is protected by intellectual property laws.

3. Third-Party Services and Links

The Software and the Services may contain links to third-party websites or resources. We are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

4. Disclaimers; No Warranties

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

The Software and the Services are for information purposes only. The Software and the Services are not intended to be used for any medical or diagnostic-related purposes. Always consult a qualified healthcare professional for medical advice.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVOKE BRAIN TRAINING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR THE SERVICES.

6. Indemnification

You agree to defend, indemnify, and hold harmless Evoke Brain Training and its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Software or Services.

7. Governing Law and Dispute Resolution

This Agreement and your use of the Software and the Services shall be governed by and construed in accordance with applicable law. Any dispute arising from or relating to the subject matter of this Agreement shall be resolved by binding arbitration on an individual basis.

8. Changes to Terms

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. We will provide notice of such changes by updating the "Last Updated" date at the top of this page. Your continued use of the Software or the Services after any such change constitutes your acceptance of the new Terms of Service.

9. Contact Information

If you have questions about these Terms of Service, please contact us at: info@evokediagnostics.io