Neurosonic Finland Oy

Terms of Use

The following terms of use (the "Terms") constitutes a legally binding agreement between you (“user”, “you”) and Neurosonic Finland Oy, business ID 2370999-5, Kansankatu 53, 90100 Oulu, FINLAND, ("Neurosonic" "we," "our" or "us"). This Terms governs your use of Neurosonic Products, Software, Website (www.neurosonic.fi) and other services defined below in this Terms (hereinafter together the “Service”).

Please note that the full Service experience requires a Neurosonic product, Internet access to the Neurosonic mobile app and Website, and other required software (if any). Periodic updates to any of these elements may be required for improved performance, and the performance of the whole may be affected by the performance of any of these elements. You are responsible for obtaining your own Internet access and mobile device to access the Services.

IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS AND/ OR USE THE SERVICE.

If you are using the Service on behalf of a company or other legal entity, such entity may have a separate Terms with us, but you are nevertheless individually bound by this Terms. If you do not want to become a user, do not access and / or use the Service. By becoming a user, you acknowledge that you have read and understood the terms and conditions of this Terms and that you agree to be bound by all of its provisions.

No person under the age of 18 or who is a minor under his/her local legislation is eligible to use the Service. In the event that you are of the age of 18 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service and complete the registration on your behalf for you.

Key points

The following key points are highlighted for your convenience. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Neurosonic.

 

Acknowledgement

By becoming a user of the Service, you acknowledge that you have read and understood the terms and conditions of this Terms and that you agree to be bound by all of its provisions.

Privacy

Please note that the terms and conditions related to privacy and protection of your personal information are governed by the Privacy Notice provided on our website (“Privacy Notice”). You hereby confirm that you have read and accepted our Privacy Notice. To access the Privacy Policy, please visit https://neurosonic.fi/pages/privacy-notice

What is the service?

The service allows users to relax in a very effective way. There are 8 different programs available; four for relaxation, two for activation and two for physical recovery. All products use the same, low frequency vibration based mechanism to help users muscles to relax and recover. The services are provided mainly through the Software.

Your licence 

Subject to your agreement and continuing compliance with these Terms and any other relevant Neurosonic policies, Neurosonic grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service for your own non-commercial purposes. You agree not to use the Service for any other purpose.

Neurosonic or its licensors own all title and rights to the Neurosonic Services, including, but is not limited, to all copyrights, trademarks, know-how and other intellectual property rights included therein. You may not reproduce (whether by linking, framing or any other method), transfer, distribute, store, modify, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of the Neurosonic Services except as necessary to display, download or print (without modification) for your own non-commercial use. All rights in the Neurosonic Services not expressly granted to you by Neurosonic are retained by Neurosonic and its licensors. Any violations of these Terms will give Neurosonic sole right at its discretion to refuse or terminate access to the Neurosonic Services effective immediately. In such an event you are obliged to immediately destroy any copies you have made of any portion of the Neurosonic Services.

 

You may propose to Neurosonic modifications or improvements to all or any part of the Neurosonic Services. By choosing to disclose such proposal to Neurosonic, you hereby grant Neurosonic all title and ownership and intellectual property rights to such proposal.

PRECAUTIONS AND PROHIBITED USES 

Please note that Neurosonic Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

The information and guidance on the website or in the social media, and the Services are there for relaxational and informational purposes only and cannot replace the services of health professionals or physicians. You should always consult a physician or a doctor before using the Services in case your physical activity has  been restricted or if you have any medical condition or doubt.

You may never disregard professional medical advice or delay in seeking it because of something you have read on or experienced through the Services. We are not responsible for any health problems that may result from using  the Services. 

Furthermore, it is important to be sensitive to your body’s responses. For example, if you feel unexpected, repeating or long term pain, fatigue or discomfort due to using the Services, it is recommended that you consult a physician before continuing the use of the Services. The information and guidance in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.

DISCLAIMER OF WARRANTIES 

THE SERVICE IS PROVIDED "AS IS." NEUROSONIC SHALL HAVE NO LIABLITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SERVICE. NEUROSONIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICE. NEUROSONIC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEUROSONIC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (V) WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY NEUROSONIC OR ANY THIRD PARTY. ANY MATERIALS OR OTHER INFORMATION ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

If your local law in effect at the time of purchase requires a warranty, such a warranty shall be extended to the extent required by such law. Within that warranty period, Neurosonic shall repair or replace at no charge to you any components of the Neurosonic Service that fail the limited warranty provided. You shall be responsible for any related transportation charges.  Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Neurosonic Service, such as control device batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the Neurosonic Service in accordance with the instructions accompanying the Neurosonic Service or available at the Website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering or alterations to the Neurosonic Service, by anyone not authorized by Neurosonic; or (vi) use of the Neurosonic Sercice with any other application or software than Neurosonic’s mobile App.

Neurosonic retains the exclusive right to repair or replace the Neurosonic Service or any parts of it, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of warranty.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NEUROSONIC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, LIABILITIES, COSTS, LOSSES OR EXPENSES ARISING OUT OF THIS TERMS, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS, THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF NEUROSONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NEUROSONIC LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend and hold Neurosonic and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from: (i) your use of the Service or any other materials; (ii) any actual or alleged breach by you of this Terms; and/or (iii) your violation of any rights of another.

JURISDICTION, CHOICE OF LAW AND FORUM

The Service is operated in Finland. We do not represent that content or Materials presented on the Service are appropriate or available for use in other jurisdictions. If you access the Service from a jurisdiction other than Finland, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.

 

The Terms shall be governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising between Neurosonic and you arising out of or relating to this Terms or the existence, validity, termination, interpretation of any term hereof or either party's performance obligations hereunder shall be finally settled in the District Court of the City of Helsinki, Finland as the first instance.

MODIFICATION OF THIS TERMS

Neurosonic reserves the right, at any time, to modify, alter, or update the terms and conditions of this Terms without prior notice. Modifications shall become effective immediately upon being posted at the Service. You are bound by any such modifications and should therefore periodically visit this page to review the then-current Service Terms to which you are bound. Your continued use of the Service or any webpage or feature available through Service after modifications are posted constitutes an acknowledgement and acceptance of the Terms and its modifications. If, at any time, you do not wish to accept this Terms, you may not use the Service.

TERMINATION 

The Terms will continue to apply to you until terminated by either you or Neurosonic. However, you acknowledge and agree that the limited license granted by you in relation to any Achievement you have uploaded to Service, including all related materials, will continue for twelve (12) months after expiry or termination of any of the Terms for any reason.

Neurosonic may terminate the Terms or suspend your access to Service at any time, including in the event of your actual or suspected unauthorised use of the Service and/or non-compliance with the Terms. If you or Neurosonic terminate the Terms, or if Neurosonic suspends your access to the Service, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you had in your account, to the fullest extent permitted under applicable law.

NOTICES 

Any questions regarding may be directed to:

Oy Neurosonic Finland Ltd.,

Kansankatu 53, 3 krs., 

FI-90100 Oulu, FINLAND.

 

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