Terms of Service

Effective March 16, 2020

Thanks for your interest in NeuroTennis! These Terms of Service (or “Terms” for short) are a legal agreement between you and NeuroTennis, Inc. Please read the Terms carefully. With each section, we have included some short summaries, but please note that the whole agreement is legally binding.

By using any of NeuroTennis’ websites, mobile applications, embedded software, and other products and services (or “Services” for short) you agree to the Terms. If you don’t agree with any of the Terms, please simply stop using our Services and send us an email about your concerns (support@neurotennis.com). Please note that we may update the Terms from time to time as explained in more detail below.

1. Who Can Use the Services

In short: You must be at least 13 to use NeuroTennis and a real person – no fake accounts please!

To use the Services, you must be able to form a legally binding contract with NeuroTennis. By using the Services, you affirm that you are: (i) at least 18 years of age, (ii) an emancipated minor, or (iii) at least 13 years of age and you received the consent of your parent or legal guardian. If you are under the age of 13, you may not use the Services. When you create a NeuroTennis account, you must provide accurate and complete information.

2. Rights NeuroTennis Grants to You

In short: We would love for you to use NeuroTennis, but you must be nice. Please don’t try to break NeuroTennis, don’t do anything illegal, and don’t be mean to other people.

NeuroTennis grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services in accordance with these Terms. In other words, you may only use the Services as expressly permitted in this agreement.

With certain features, users can upload images, videos, voice recordings, text, and other materials (referred to as “User Content”) for use with the Services. You are solely responsible for your User Content. You shall not, at any time, use our Services to upload User Content that is illegal or infringes the privacy, publicity, or intellectual property rights of others. And you shall not use our Services to bully, harass, intimidate, or defame anyone.

You must also respect NeuroTennis’ rights, meaning you shall not:

• use any NeuroTennis logo, trademark or branding without NeuroTennis’ prior written consent;
• distribute any part of the Services without NeuroTennis’ prior written consent;
• attempt to alter, break, circumvent, disrupt, or reverse engineer any part of the Services;
• attempt to manipulate or influence any part of the Services;
• use or launch any automated means (including scripts, bots, crawlers, spiders, and scrapers) to create accounts, access, or use the Services;
• sell access to the Services;
• share your password, let anyone access your account, or do anything that might put your account at risk;
• use the Services to develop a product or service that is competitive or similar to the Services; or
• use the Services in violation of any applicable law or regulation.

3. Rights You Grant to NeuroTennis

In short: You are solely responsible for the stuff you save and share on NeuroTennis. Make sure you have the legal rights to do these things. When you put stuff on NeuroTennis, you give us certain rights that we need in order to follow your instructions, like when you ask us to save, publish, and share your stuff. We can also remove any content that is illegal or violates our policies.

When you upload User Content for use with our Services, you are solely responsible for that content. Solely for the purpose of providing the Services to you, you grant NeuroTennis a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content.

After you or NeuroTennis terminates or deactivates your account, or you remove your User Content from NeuroTennis, we may retain your User Content for a commercially reasonable period of time. Nothing in these Terms, however, shall restrict other legal rights NeuroTennis may have to your User Content. For example, if your User Content is in the public domain or NeuroTennis has another license to your User Content, then we may retain it indefinitely or in accordance with the terms of the other license. We reserve the right to remove or modify your User Content for any reason and at any time. For example, if your User Content violates these Terms, we may remove it or alter it in order to bring it into compliance. For more specific information about how NeuroTennis uses the User Content you save, please see our Privacy Policy.

4. Feedback You Provide

In short: We greatly appreciate your suggestions on how to make NeuroTennis better. Unfortunately, we can’t compensate you for your ideas.

NeuroTennis is constantly evolving, and we hope that you will tell us how we can improve. If you provide us with any feedback, you agree that we may use the feedback without restriction and without providing any compensation to you. By accepting your feedback, NeuroTennis does not waive any of its rights to any intellectual property that NeuroTennis developed independently or obtained from other sources. Please do not share information with NeuroTennis that you, or a third party to whom you owe a duty of confidentiality, consider to be confidential.

5. Health and Safety

In short: We want all our customers to be safe and healthy. Please check with your doctor before you exercise and if you have any medical concerns about using NeuroTennis.

You should always talk to your doctor before engaging in physical activity. Our Services are not intended to diagnose, treat, cure, or prevent any disease, and we strongly recommend that you consult your physician before using them. If you experience any discomfort or medical issues, stop using the Services and consult with a medical professional.

If you engage in any drills or training programs that you receive or learn about through our Services, you do so voluntarily and at your own risk. NeuroTennis is not responsible for any adverse health problems that may result from your use of the Services.

For some users, prolonged contact with wearable devices may irritate the skin or cause an allergic reaction. Accordingly, NeuroTennis recommends that you wear your wrist band comfortably (i.e., not too loose or too tight) and take regular breaks during lengthy workouts. To minimize irritation, be sure to keep your wrist band clean and dry. If you notice any skin irritation, tingling, burning, numbness, soreness, or stiffness in your hands or wrists while or after wearing your wrist band, remove the device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.

6. Changes to the Services

In short: We are always improving NeuroTennis – sometimes in ways that you may not prefer. If that happens to you, please tell us about it at support@neurotennis.com.

As we grow and improve our Services, there can sometimes be significant changes to, and even the removal of features or components, without notice. NeuroTennis is not liable to you or any third party for any modification or removal of any feature or component of the Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed without prior notice to you.

7. Copyright Policy

In short: We respect everyone’s intellectual property rights, and we work hard to comply with corresponding laws. If you believe that your content is being misused, let us know as described in more detail below.

NeuroTennis respects the intellectual property rights of others and expects you to do the same. NeuroTennis reserves the right to terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Copyright Infringement Notification

The Digital Millennium Copyright Act of 1998 (“DMCA”) specifies rules for proper notification and takedown of infringing content. In accordance with these rules, if you are a copyright owner and believe that any content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NeuroTennis to locate the material.
• Information reasonably sufficient to permit NeuroTennis to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner which is the subject of the complaint is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that NeuroTennis may not consider your DMCA notice if you do not include all of the above information. Our Copyright Agent may be reached at copyright@neurotennis.com or:

NeuroTennis, Inc.
Attention: NeuroTennis Copyright Agent
1000 Wilson Blvd. Suite 1800
Arlington, VA 22209

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to save and use the material in your User Content, you may send a counter-notice containing the following information to NeuroTennis’ Copyright Agent:

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court in Fairfax, Virginia, and that you will accept service of process from the person who provided notification of the alleged infringement.

If NeuroTennis’ Copyright Agent receives a counter-notice, NeuroTennis may send a copy to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, at NeuroTennis’ sole discretion.

8. Right of Control and Termination

In short: Occasionally, some people do bad things. When that happens, we can terminate or suspend their accounts as necessary.

NeuroTennis may terminate or suspend your account at any time, for any reason, and with or without notice to you. Upon termination or suspension, you continue to be bound by these Terms.

9. Warranty Disclaimer

In short: Except as described in our Terms of Sale, NeuroTennis comes without warranties of any kind, and we aren’t responsible for content saved and shared by our users, some of which you may find objectionable. If NeuroTennis isn’t for you, then please let us know how to make it better or simply stop using it.

EXCEPT AS EXPLICITLY PROVIDED IN OUR TERMS OF SALE, NEUROTENNIS PROVIDES THE SERVICES ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEUROTENNIS, ITS MANAGEMENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (COLLECTIVELY, THE “NEUROTENNIS PARTIES”) SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THE NEUROTENNIS PARTIES DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY USER CONTENT, AND YOU AGREE THAT THE NEUROTENNIS PARTIES WILL HAVE NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO USER CONTENT.

THE SERVICES ARE CONTROLLED AND OFFERED BY NEUROTENNIS FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE NEUROTENNIS PARTIES MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

10. Limitation of Liability / Waiver

In short: Our liability for any damages or injuries you sustain while using NeuroTennis is very limited.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE NEUROTENNIS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NEUROTENNIS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE AGGREGATE, TOTAL LIABILITY OF THE NEUROTENNIS PARTIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED TEN UNITED STATES DOLLARS ($10.00).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEUROTENNIS AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnity

In short: If anyone sues NeuroTennis for something you did, you will indemnify us.

If anyone brings a claim against any of the NeuroTennis Parties related to your actions, you will defend, indemnify and hold harmless the NeuroTennis Parties from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. This defense and indemnification obligation will survive these Terms and your use of the Services.

12. Disputes

In short: Let’s work together to try to resolve any differences. If that doesn’t work, we will use arbitration to reach an agreement.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any dispute between you and NeuroTennis arising out of or relating to your use of the Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

a. Governing Law

Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws principles.

b. Informal Dispute Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against NeuroTennis, you agree to try to resolve the Dispute informally by contacting support@neurotennis.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or NeuroTennis may bring a formal proceeding.

c. We Both Agree to Arbitrate

You and NeuroTennis agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

d. Opt-Out of Agreement to Arbitrate

You can decline this agreement to arbitrate by contacting support@neurotennis.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.

e. Arbitration Procedures

The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be held in Arlington, VA, or any other location to which we agree.

f. Arbitration Fees

The AAA rules will govern payment of all arbitration fees. Each party will pay its respective arbitration fees. NeuroTennis will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

g. Exceptions to Agreement to Arbitrate

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

h. No Class Actions

You may only resolve Disputes with NeuroTennis on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

i. Judicial Forum for Disputes

Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and NeuroTennis agree that any judicial proceeding will be brought in the federal or state courts of Arlington, VA. Both you and NeuroTennis consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

j. Limitation on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

13. Entire Agreement / Severability

These Terms, together with the Privacy Policy, any Supplemental Terms, any amendments, and any additional agreements you may enter into with NeuroTennis in connection with the Services shall constitute the entire agreement between you and NeuroTennis concerning the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. NeuroTennis’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NeuroTennis. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

14. Revisions of the Terms

NeuroTennis reserves the right to amend these Terms at any time. Any notices or other communications provided by NeuroTennis under these Terms, including those regarding modifications to these Terms, will be given: (i) via email to any address you have provided to NeuroTennis; or (ii) by posting to the NeuroTennis website. For notices made by e-mail, the date on which the message is sent will be deemed the date on which such notice is transmitted. The most current version of the Terms will always be posted on our website. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. If you do not agree to the new terms, please stop using the Services.

15. Assignment

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without NeuroTennis’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. NeuroTennis may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.