Introduction

The use of Neurocog Services, including the Neurocog smartphone app, downloadable through an application store or app distributor, is governed by these terms and conditions. From here on, the use of the terms ‘we’, ‘our’, ‘us’ and ‘Neurocog’ refer to Neurocog Pty. Ltd.

1. This application is not medical advice

You acknowledge and agree that the Neurocog app, is a self-help tool designed to help you in your own decision to improve your emotional experience, and that if you choose to utilize the Neurocog app you are solely responsible for deciding to use any of the available features, techniques or any other aspect and how to apply them. You also acknowledge that the Neurocog app is not in any way health care, and does not provide you with any medical treatment or advice of any kind whatsoever.

Any instructions, information or other materials provided through the Neurocog app are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional advice based on your personal circumstances. Such instructions and other materials are intended to be a tool you may choose to use or not in your relationship between you and your healthcare providers if you choose to and are not intended to impact it in any way nor replace it. We are not liable or responsible for any actions taken due to your having read or been told about such instructions 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 instructions or other materials and information published on or through the Neurocog app.

If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Neurocog app then the advice from a doctor always should take precedence. Never disregard professional medical advice or delay in seeking it due to anything contained in the Neurocog app. If you think you may have a medical emergency, call your doctor or your local emergency number immediately. If anything in the Neurocog app causes discomfort or worse discontinue all use immediately and consult your doctor or another qualified medical professional.

2. Prohibition

You hereby agree you will not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Neurocog app or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Neurocog, in writing (e.g., through an open-source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Neurocog app or any applications running on the Neurocog app.

You hereby agree you will not engage in any activity that interferes with or disrupts the Neurocog app (or the servers and networks which are connected to the Neurocog app).

You hereby agree you will not access the Neurocog app in a manner intended to avoid incurring fees, should any apply.

You hereby agree you will not access the Neurocog app for the purpose of bringing an intellectual property infringement claim against Neurocog or for the purpose of creating a product or service competitive with the Neurocog app.

You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Neurocog app in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Neurocog, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

You hereby agree you will not use the Neurocog app if you are a person barred from receiving the Neurocog app under the laws of Australia or other countries, including the country in which you are resident or from which you use the Neurocog app. You affirm that you are over the age of 13, as the Neurocog app is not intended for children under 13 unless under the care of a doctor or other qualified health provider.

3. Proprietary

You acknowledge and agree that Neurocog (or Neurocog’s licensors) own all legal right, title and interest in and to the Neurocog app and that the Neurocog app is protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Neurocog acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the Neurocog app, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Neurocog, you agree that you are responsible for protecting and enforcing those rights and that Neurocog has no obligation to do so on your behalf.

4. Limitation of liability

You expressly understand and agree that Neurocog, its subsidiaries and affiliates, and its licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Neurocog app, or other intangible loss. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.

Some states and jurisdictions may not allow the limitation or exclusion of liability for certain direct, incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event shall Neurocog’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount that you have actually paid for the Neurocog app in the past twelve months, or one hundred dollars ($100.00), whichever is greater.

5. Indemnification

You agree to hold harmless and indemnify Neurocog, and its subsidiaries, affliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or ian any way related to (a) your breach of the terms, (b) your use of the Neurocog app, (c) your violation of applicable laws, rules or regulations in connection with the Neurocog app, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential) suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

6. Confidentiality

Any collection and processing of personal data is carried out in strict compliance with the applicable legal provisions. The collection and use of your personal data is based on the contract concluded between you and us and, if necessary, the consent obtained from you.

Neurocog commits to treat all information available to it in connection with the use of the application as strictly confidential.