Neuropix Terms and Conditions

Welcome to www.neuropix.co (together with its subdomains, Materials, Marks and services, the “Site”). Please read these terms and conditions carefully before using this Site so that you are aware of your legal rights and obligations with respect to Neuropix Company Ltd (“Neuropix”, “we”, “our” or “us”). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound these Terms, you must not access or use the Site. 

1. The Site is intended to provide information about Neuropix and its products and services. If you purchase goods from our site, our Terms and Conditions of supply [https://uploads.strikinglycdn.com/files/24132ac7-e49a-47f9-9371-fa22a09d5999/T&Cs for Consumers.pdf?id=241769] will apply to these sales.

2. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes. 

3. Ability to Accept Terms. The site is only intended for individuals aged eighteen (18) years or older. If you are under 18 years, please do not visit or use the Site. 

4. Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and any applicable law. 

5. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale licence, sublicence, download or otherwise), reproduce, distribute, display or disclose Materials (as defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” etc) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying any Materials or that enforce limitations on use of the Site. 

6. Intellectual Property Rights.
•	Materials and Marks. The (i) content on the site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), and (ii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Neuropix and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Neuropix”, the Neuropix logo, and other marks are Marks of Neuropix or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Materials. 
•	Use of Materials. Materials on the Site are provided to you for your information and personal use only, and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Materials, you must retain all copyright and other proprietary notices contained herein. 
•	Spam. You agree not to, and will not, use the communication systems provided by the Site to send unauthorized commercial communications, and you shall be solely responsible and liable for any such unauthorized communications. 

7. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Materials available on the Site are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Materials, or any part thereof, in our sole judgement, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is made solely at your own risk and responsibility. 
The content on our site is provided for general information only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. 
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. 

8. The Site may contain links and may enable you to post content, to third party websites that are not owned or controlled by Neuropix. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third part websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Neuropix from any and all liability arising from your own use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit. 
Neuropix permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Materials as it appears on the Site; (iii) you shall not misrepresent your relationship with Neuropix or present any false information about Neuropix and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy and/or data protection rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law. 
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 
You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

9. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at [http://www.neuropix.co?open=privacy-policy]. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy. 

10. Warranty Disclaimers
•	This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth herein may not apply.
•	The Site is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. Neuropix hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for practical purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade. Neuropix does not guarantee that the site will be free of bugs, security breaches, or virus attacks. The site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Neuropix will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other services. We do not warrant, endorse or guarantee any materials, product or service that is featured or advertised on the site by a third party. 
•	Your reliance on, or use of, or interaction with any site user or owner, is at your sole risk. If you have a dispute with any site user or owner in connection with the site, you agree that Neuropix is not liable for any claims or damages arising out of or connected with such a dispute.
•	Except as expressly stated in our privacy policy, Neuropix does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the site.

11. Limitation of Liability
•	To the fullest extent permissible by law, Neuropix shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits or reputation, arising under these terms or out of your use of, or inability to use, the site, even if Neuropix has been advised of the possibility of such damages or losses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. 

12. You agree to defend indemnify and hold harmless Neuropix and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to legal fees) arising from: (i) your use of, or inability to use, the Site; (ii) your interaction with any Site user; or (iii) your violation of these Terms. 

13. Term and Termination. These Terms are effective until terminated by Neuropix or you. Neuropix, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for breach of these Terms). Neuropix shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modification thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This section 13, sections 15, section 8, section 6 (Intellectual Property Rights), section 10 (warranty disclaimers), section 11 (Limitation of Liability), section 12, section 14 (independent contractors) to section 17, shall survive termination of these Terms. 

14. You and Neuropix are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Neuropix. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Neuropix. 

15. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Neuropix without restriction or notification to you. Any prohibited assignment shall be null and void. 

16. Governing Law. Neuropix reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Neuropix shall be governed by and construed in accordance with the laws of Hong Kong S.A.R., without regard to its principles of conflict laws, and only the court of Hong Kong shall have jurisdiction in any conflict or dispute arising out of these Terms. 

17. These Terms shall constitute the entire agreement between you and Neuropix concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waives of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that any cause of action that you may have arising out of or related to the site must commence within 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 

Last Update: July 9, 2020   

Neuropix Privacy Policy

This privacy policy (“Privacy Policy”) governs how we, Neuropix Company Ltd. (“Neuropix”, “we”, “our”, or, “us”) use Personal Information (defined below) that we collect, receive and store pertaining to you (“User”, “you”) in connection with the following use cases:

(i) When you make use of the Neuropix App, mobile software application, and any other mobile software application, that we license alone or with our partners (each individually, and collectively, the “App”).
a. When you sign up for an account
b. When you purchase a product and/or the Services
c. When you make use of the Services through the App and devices we sell
d. When you use the App in demo mode (not combined with the devices)

(ii) When you make use of, or interact with, our website www.neuropix.co (“Website”)
a. When we process your job application(s)
b. When you contact us (e.g. customer support or request for information)

(iii) Other
a. When you attend a marketing event and provide your Personal Information
b. When you exchange business cards with us
c. When we acquire your Personal Information from third-party sources (such as lead-generation companies)
d. When we use the Personal Information of our service providers or partners 
e. When we use the Personal Information of our customers   
f. When you interact with us on our social medial profiles (e.g. Facebook, Instagram, Twitter, LinkedIn)

Table of Contents
1. Introduction 
2. Terms of use and EULA
3. What information we collect, why we collect it, and how it is used
4. Period of storage of collected information
5. How we protect and store your information
6. How we share your personal information 
7. Additional information regarding transfers of personal information 
8. How can I delete my account?
9. Links to and interaction with third party products
10. Log files
11. Google analytics
12. Access/ Accuracy
13. Contact us


1. INTRODUCTION

The website and/or any App offered are individually and collectively referred to herein as the “Services”. 

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to recognized cybersecurity standards. Please read this Privacy Policy carefully, so that you can fully understand our practices in relation to Personal Information. “Personal Information” means any information that can be used, alone or together with other information, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. 

You are not legally obliged to provide us Personal Information and providing us Personal Information is at your own free will. To the maximum extent permitted by law, by using the Services, you consent to the terms of this Privacy Policy and to our collection, processing and sharing of Personal Information for the purposes set forth herein. 

We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site, and your continued use of the Services thereafter means that you accept those changes. 

As the controller, we have technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.

2. TERMS OF USE AND EULA

This Privacy Policy forms part of our Terms of Use which are available at [https://uploads.strikinglycdn.com/files/24132ac7-e49a-47f9-9371-fa22a09d5999/T&Cs for Consumers.pdf?id=241769] (“Terms”) and the App’s End User License Agreement which can be viewed from within the App and which you accept prior to downloading, installing and/or using the App for the first time (“EULA”). 


3. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

When you make use of the App, mobile software applications, and other mobile software application, that we licence

When you sign up for an account

Information we collect:
•	Full name
•	Email address
•	User and password
•	Any other information you decide to provide/supply 

Why is the Information collected and for what purposes?
•	To create an account
•	To contact you in connection with the Services/products that you have registered for

Third parties with whom we share your information 

3rd party platforms such as for the following purposes: 
•	Microsoft Office 
•	Facebook (Custom audience and Lookalike Audience) – we share your email address (hashed) with Facebook in order to create ‘custom audiences’ based on your information publicly available on Facebook and deliver advertisements to people who have similar characteristics to people on your custom audience list

Consequences of not providing the information
•	Cannot create or maintain an account
•	Cannot contact you in connection with the Services/products that you have registered for

When you purchase a product and/or services

Information we collect:
•	Full name
•	Email address
•	Billing information 
•	Any other information you decide to provide/supply

Why is the Information collected and for what purposes?
•	To process the order of the product
•	To perform/execute the agreement 
•	To contact you in connection with the Services/products that you have purchased

Third parties with whom we share your information 

3rd party platforms such as for the following purposes: 
•	Microsoft Office 
•	Facebook (Custom audience and Lookalike Audience) – we share your email address (hashed) with Facebook in order to create ‘custom audiences’ based on your information publicly available on Facebook and deliver advertisements to people who have similar characteristics to people on your custom audience list

Consequences of not providing the information
•	Cannot process the product order
•	Cannot perform the agreement 
•	Cannot contact you in connection with the Services/products that you have purchased


When you make use of our Services through the App or Device
Information we collect:
•	Full name 
•	Email address
•	Geolocation 
•	Weather conditions at the location 
•	Information regarding disease episodes (optional via user input; related symptoms; pain level; presence of nausea; presence of aura (interference with vision), presence of phonophobia (sensitivity to sound), presence of photophobia (sensitivity to light), on which side of the head did the pain appear 
•	Your smartphone’s model and version of the OS
•	Any other information you decide to provide/supply

Why is the Information collected and for what purposes?
•	To make use of the App
•	To register and/or record your disease episodes
•	To keep track of the disease diary

Third parties with whom we share your information 
•	None. All data is stored locally on the phone.

Consequences of not providing the information
•	Cannot make use of the Service
•	Cannot register and/or record your disease episodes
•	Cannot keep track of a disease diary
•	Cannot control and program the device
•	Cannot contact you in connection with the Services you use


When you make use of, or interact with, our website
Information we collect:
•	Full name
•	Geolocation 
•	Email address
•	ISP address

Why is the Information collected and for what purposes?
•	To make use of the website

Third parties with whom we share your information 
•	None

Consequences of not providing the information
•	Need to agree to the use of cookies


When you contact us (e.g. customer support)
Information we collect:
•	Full name
•	Email address
•	Message
•	Any other information you decide to provide/supply

Why is the Information collected and for what purposes?
•	To process and answer questions
•	To provide support (e.g. to solve problems)
•	To customize your experience 
•	To send marketing communications 

Third parties with whom we share your information 

3rd party platforms such as for the following purposes:
•	Microsoft office 
•	Facebook (Custom audience and Lookalike Audience) – we share your email address (hashed) with Facebook in order to create ‘custom audiences’ based on your information publicly available on Facebook and deliver advertisements to people who have similar characteristics to people on your custom audience list

Consequences of not providing the information
•	Cannot assist you and respond to your query 
•	Cannot provide support 
•	Cannot customize your experience
•	Cannot send you marketing communications

Other practices
When you attend a marketing event and provide Personal Information

Information we collect:
•	Full name
•	Email address
•	Company or institute of affiliation 
•	Position or role
•	Any other information you decide to provide/supply

Why is the Information collected and for what purposes?
•	To establish a business connection 
•	To send marketing communications

Third parties with whom we share your information 
3rd party platforms such as for the following purposes:
•	Microsoft office 

Consequences of not providing the information
•	Cannot establish a business connection 
•	Cannot send you marketing communications

When you exchange business cards with us
Information we collect:
•	Full name
•	Email address
•	Company or institute of affiliation 
•	Position or role
•	Any other information you decide to provide/supply

Why is the Information collected and for what purposes?
•	To establish a business connection 
•	To send marketing communications

Third parties with whom we share your information 
3rd party platforms such as for the following purposes:
•	Microsoft office 

Consequences of not providing the information
•	Cannot send you marketing communications

When we acquire your Personal Information from third-party sources (such as lead-generation companies)

Information we collect:
•	Contact information

Why is the Information collected and for what purposes?
•	To establish a business connection/ discussion 
•	To send marketing communications

Third parties with whom we share your information 
3rd party platforms such as for the following purposes:
•	Microsoft office 

Consequences of not providing the information
•	Cannot establish a business connection 
•	Cannot send you marketing communications

When we use the Personal Information of our service providers
Information we collect:
•	Full name
•	Email address
•	Company or institute of affiliation 
•	Position or role
•	Any other information you decide to provide/supply

Why is the Information collected and for what purposes?
•	To contact our service providers
•	To process the order of the service

Third parties with whom we share your information 
3rd party platforms such as for the following purposes:
•	Microsoft office 

Consequences of not providing the information
•	Cannot communicate with you
•	Cannot process the order of the service 
•	Cannot perform the agreement

When we use the Personal Information of our customers
Information we collect:
•	Full name
•	Email address
•	Company or institute of affiliation 
•	Position or role

Why is the Information collected and for what purposes?
•	To provide our products and services 
•	To perform the applicable agreement 
•	To communicate with our customers/clients

Third parties with whom we share your information 
3rd party platforms such as for the following purposes:
•	Microsoft office 
•	Facebook (Custom audience and Lookalike Audience) – we share your email address (hashed) with Facebook in order to create ‘custom audiences’ based on your information publicly available on Facebook and deliver advertisements to people who have similar characteristics to people on your custom audience list

Consequences of not providing the information
•	Cannot provide the services and/or our products
•	Cannot perform the agreement 
•	Cannot communicate with you

When you interact with us on our social media profiles (e.g. Facebook, Instagram, Twitter, LinkedIn)

Information we collect:
•	Full name
•	Email address
•	Company or institute of affiliation 
•	Position or role
•	Any other information you decide to provide/supply


Why is the Information collected and for what purposes?
•	To reply and/or respond to your request or question
•	To establish a business connection/discussion

Third parties with whom we share your information 
3rd party platforms such as for the following purposes:
•	Microsoft office 

Consequences of not providing the information
•	Cannot reply or respond to your request
•	Cannot establish a business connection


4. PERIOD OF STORAGE OF COLLECTED INFORMATION

Personal Information. Your Personal Information (as described above) will be stored until we no longer need the information and proactively delete it or you send us a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. 

Cookies. We use cookies and other tracking technologies to improve your browsing experience on our website, to analyse our website traffic, and to monitor how people use the website, aiming to improve the website and make it more useful. By browsing our website, you consent to our use of cookies and other tracking technologies. The period of storage and collected information depends on the cookie. You may also control and delete these cookies through your browser settings. Some cookies (e.g. essential cookies) cannot be disabled. 

5. HOW WE PROTECT AND STORE YOUR INFORMATION

a. Security. We have appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. Nevertheless, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information. 

b. Retention of your Personal Information. In addition to the retention periods mentioned in Section 4 above, in some circumstances we may store your Personal Information for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Information or dealings. 

6. HOW WE SHARE YOUR PERSONAL INFORMATION

In addition to the recipients described above, we may share your information as follows:

•	To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order; 
•	If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.
•	Where you have provided your consent to us sharing the Personal information (e.g. where you provide us with marketing consents or opt-in to optional additional services or functionality); and 
•	Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Information is disclosed. 

7. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL INFORMATION

Where we transfer your Personal Information outside of our operating jurisdiction, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Information; 

Some of these assurances are well recognized certification schemes like the EU-US Privacy Shield for the protection of Personal Information transferred from within the EU to the US; or

Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Information is disclosed. 

8. HOW CAN I DELETE MY ACCOUNT?

Should you ever decide to delete your Account, you may do so by emailing info@neuropix.co. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public, unless otherwise prohibited by law. 

9. LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

The Website may enable you to interact with or contain links to your Third Party Account and other third party Websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with. 

10. LOG FILES

We make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyse trends, administer the Website, track users’ movement around the Website, and gather demographic information. 

11. GOOGLE ANALYTICS

The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at www.google.com/policies/privacy/. You may learn more about how Google collects and processes Information specifically in connection with Google Analytics at www.google.com/policies/privacy/partners. You may prevent your information from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at http://tools.google.com/dlpage/gaoptout/.

12. ACCESS/ ACCURACY

To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may submit an access request by sending an email to info@neuropix.co. Your email should include adequate details of your request. 

13. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the Information protection laws, or if you wish to exercise your rights, or opt-out from use and disclosure of your personal data to Facebook, we encourage you to first contact us at info@neuropix.co.


 
Last Updated July 9, 2020