Terms and Conditions

This Terms and Conditions regulate the use of the digital platforms (website and App) owned by Neroes.

Access and use of the website and App are the sole responsibility of the User, who is subject to the acceptance of this Terms and Conditions. If the User does not agree with the present Terms and Conditions of Use, then the User must not use or should cease immediately the use of the App.

This Terms and Conditions constitutes an agreement between you, the User, and Neroes which applies to the use of these digital platforms. It is the sole responsibility of the User to read the Terms and Conditions whenever accessing the website or App, in order to be aware of any changes made, as it may affect its rights.

If you wish to contact Neroes regarding these digital platforms, you may do so using the following email address info@neroes.tech

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the meanings specified:

• “website” refers to all the websites under the domain neroes.tech which are owned and operated by NEROES LDA
• “App” refers to the NEROES Mental Training Platform™, a software application owned and operated by NEROES LDA.
• “User” means any individual or entity that accesses and uses the App and Website.
• “EEG Device” refers to any wearable electroencephalography device compatible with the App, used for capturing the brain’s electrical activity signals of the User.
• “Data” means any information relating to a user that is submitted or extracted while using the App, being it information regarding demographics, biometrics, contacts, game metrics, self-reports or comments.
• “Services” refers to all services provided through the App, including but not limited to the analysis of brain activity, mental training exercises, videogame-like controls based on brain signals, and assessments of mental abilities.

The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these terms. References to the singular include the plural and vice versa, and references to one gender include all genders.

2. Terms and Conditions of Use and Services Provided

NEROES MENTAL TRAINING PLATFORM is a software application (App) fully owned by NEROES, LDA (NEROES), of Portuguese tax number 515917915, with headquarters at the Centro Empresarial – Zona Industrial 6060-182 Idanha-a-Nova, Portugal, also designated by Responsible Entity.

The App has the aim of improving performance through mental training and enhancement of emotional control using the brain’s electrical activity signals of the User.

The Terms and Conditions of usage of the App are applicable to the User are as follows:

• The App will collect signals of the brain’s electrical activity of the User through a wearable electroencephalography (EEG) device which is placed on the head of the User. These signals will be used by the App to perform the mental training that consists of a videogame controlled by the User from these same signals.
• In addition, the App will carry out qualitative and quantitative assessments of the mental abilities of the User before, during and after such mental training by filling out questionnaires, testing/specific games and from the signals of the brain’s electrical activity themselves.
• The App is not a medical device and does not provide or can be used in order to obtain any diagnosis or mental health therapy.
• All registered information will be stored in encrypted or pseudonymized form (please see the Privacy Policy) on NEROES servers.
• By accepting these terms, you will be giving your Data to the Responsible Entity for statistical analysis.
• Note that the User is responsible for the use of the App and of the EEG device. The User should use the App responsibly and consciously fulfilling advised use of protocols (please see video tutorials and help section/FAQs). NEROES not is responsible for physical, psychological, material or financial damage due to the misuse of App or of the EEG device.
• For all inquiries, including technical support, legal questions, and privacy-related issues, please contact us at info@neroes.tech. Our dedicated team will ensure that your query is directed to the appropriate department for a prompt response.

3. General Conditions of Use of the App

3.1 Applicability of Terms and Conditions: The use of the App is subject to these Terms and Conditions of use.

3.2 Use: The App should only be used by individuals who access it and accept its Terms and Conditions.

3.3 Scope: The App is exclusively for personal or institutional use and cannot be used for purposes other than to improve sports performance through mental training using signals from the brain’s electrical activity of the User (individual or collaborator/institution employee).

3.4 Right of Use: We reserve the right to refuse the use of the App by the User, in whole or in part.

3.5 Equipment and Network: The availability of the App does not include any equipment necessary for its use (such as computers and EEG devices). To purchase equipment via NEROES, you should contact the company at info@neroes.tech. In order to use the App, the User needs an internet connection.

3.6 License to Use the App: A limited license is granted in scope and time to use the App, except for any modification (except where specifically authorized) of any or all parts of the App. This license does not include any permission to sell or commercially use the App or its data or content.

3.7 Service Availability and Maintenance: NEROES strives to ensure the highest possible availability of the App. However, availability can be affected by factors including but not limited to technical issues, maintenance, and updates.

• Planned Downtime: We will endeavor to schedule maintenance during low-usage hours and will provide users with advance notice of any planned downtime via email or in-app notifications.
• Unexpected Outages: In the event of unexpected service interruptions, our team will work promptly to restore service and communicate updates to users through the App or via email.
• Data Preservation: In case of service interruptions, we are committed to preserving user data integrity and will take all necessary measures to prevent data loss.

3.8 Updates and Upgrades: From time to time, NEROES may release updates or upgrades to the App to enhance functionality, user experience, and security. Users will be notified of such updates, and in some cases, updates may be mandatory to continue using the App.

4. User obligations

4.1 Accurate Information: The User guarantees that the information provided in the registration is accurate and true, and that he/she will inform NEROES in the event of any changes.

4.2 Prohibition of Use in General: The User guarantees that he will not use, or allow the use to third parties, of the App outside the limits allowed herein.

4.3 Specific Use Prohibitions: The User warrants that he will not and will not allow a third party to do, namely:

          4.3.1 sale of the services provided here;

          4.3.2 providing false information, including names, addresses and other contacts;

          4.3.3 any attempt to circumvent security, including access to information that is not intended for the User, to enter an account other than his own;

          4.3.4 intercept or attempt to intercept any information that is not intended for you;

          4.3.5 entering into fraudulent interactions or transactions with NEROES;

          4.3.6 extract data or pirate/hack the App;

          4.3.7 use the NEROES services in violation of the rules defined here;

          4.3.8 participate in any criminal and/or fraudulent activity related to the use of the App;

          4.3.9 participate in any situation that limits or prevents the correct use of the App by third parties.

5. Rules on Using the App

5.1 Service Availability: Although NEROES undertakes all reasonable efforts to guarantee the permanent availability of the Services, it does not guarantee that your access to any of the services is uninterrupted or error-free. In addition, while NEROES makes reasonable efforts to ensure that all content and/or information sent by you to NEROES is safe, it does not guarantee that the Services are free from loss, damage, attack, viruses, worms, Trojan horses, or other harmful components, or from interference, hacking, or other security intrusions. You should keep your system up to date and periodically back up your own system to ensure that all content is available in the event of loss or damage.

5.2 Service Modification: NEROES can change, suspend, or discontinue the App at any time. NEROES may also impose limits on the use or access to certain features or parts of the Services, in any situation, without notice or liability.

5.3 Acceptable Use Policy:Users are expected to use the App in a responsible and lawful manner. Unacceptable use of the App includes, but is not limited to:

• Account Sharing: Users must not share their account with others. Each account is personal and non-transferable.
• Illegal Activities: The App must not be used for any illegal purposes or in support of illegal activities. NEROES reserves the right to cooperate with legal authorities and/or third parties in the investigation of any suspected crime or civil wrongdoing.
• Harmful Conduct: Any behavior that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable is strictly prohibited.
• Interference and Disruption: Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App is prohibited.
• Unauthorized Access: Accessing or attempting to access any other User’s account or misrepresenting or attempting to misrepresent your identity while using the App is prohibited.

5.4 Consequences of Unacceptable Use: Violation of the Acceptable Use Policy may result in immediate suspension or termination of your access to the Services, legal action against you, and/or disclosure to law enforcement authorities as deemed necessary by NEROES. NEROES also reserves the right to remove any content deemed in violation of these provisions without prior notice.

6. User Feedback and Complaints

6.1 Feedback Submission: NEROES values the insights and feedback from its users. Users are encouraged to provide feedback, suggestions, or comments regarding the App and its services. Feedback can be submitted via email at info@neroes.tech or through the designated feedback feature within the App (shown after every training session).

6.2 Handling of Feedback: All feedback received will be reviewed by the NEROES team. While not all feedback may result in immediate changes or responses, it is invaluable for the ongoing improvement and development of the App and services. Users will not receive compensation or recognition for feedback provided, unless otherwise agreed upon in a separate written agreement.

6.3 Complaints Procedure: If users have any complaints regarding the App, its services, or any aspect of their experience with NEROES, they are encouraged to contact our support team at info@neroes.tech. We aim to acknowledge receipt of all complaints within 72 hours and to resolve them in a timely and satisfactory manner.

6.4 Continuous Improvement: Feedback and complaints are integral to NEROES’s commitment to continuous improvement. We regularly review the feedback and complaints to identify areas for enhancement in both our App and customer service.

7. Suspension and Termination of Services

7.1 Suspension for Violation of Terms: If you use the App (or allow it to be used by a third party) in violation of the rules defined in these Terms and Conditions, NEROES may suspend your use of the App immediately. During suspension, access to the App and its services will be restricted.

7.2 Review and Reinstatement: Upon suspending use and access to the App, NEROES reserves the right to review the circumstances leading to suspension. If a user provides satisfactory justification or corrective measures, NEROES may, at its discretion, reinstate the user’s access.

7.3 User-Initiated Termination: Users may choose to terminate their use of the App at any time. To do so, users should contact NEROES at info@neroes.tech with a request for account deactivation.

7.4 Data Handling Post-Termination: Upon termination of use, either by the user or by NEROES due to violation of terms:

• Users’ personal data will be handled in accordance with our Privacy and Security Policy, including any retention or deletion policies.
• Any data that is not required to be retained by law or for legitimate business purposes will be deleted, as appropriate, within 30 days of the termination.

7.5 Rights and Obligations After Termination: Termination of use does not affect any rights and obligations of the user or NEROES accrued until the date of termination. Any provisions of these Terms and Conditions that by their nature should continue beyond termination will remain in effect after termination.

8. Responsibility

8.1 Disclaimer of Warranties: The App and its contents are provided on an “as is” and “as available” basis without any express or implied warranties of any kind. This includes, but is not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currentness, and delays.

8.2 Accuracy and Completeness of Information: While NEROES endeavors to provide updated and accurate information through the App, it does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed.

8.3 Non-Medical Use: The App is not a medical device and is not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases or illnesses. It should not be used as a substitute for professional medical advice, diagnosis, or treatment. Users should always seek the advice of a qualified healthcare provider with any questions regarding their health or medical conditions.

8.4 Limitation of Liability: To the fullest extent permitted by law, NEROES shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, arising out of or in connection with the use, or inability to use, the App or any services provided through the App.

8.5 Assumption of Risk: By using the App, Users acknowledge and agree that they assume full responsibility for their use of the site and any linked sites. Users acknowledge and agree that any information they send or receive during their use of the site may be intercepted by unauthorized third parties.

8.6 Indemnification: The User agrees to indemnify, defend, and hold harmless NEROES, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the App from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to the User’s account (including negligent or wrongful conduct) by the User or any other person accessing the App using the User’s account.

9. Intellectual Property Rights

9.1 Ownership and Protection: All content, information, images, illustrations, graphic materials, names, logos, brands, and other intellectual properties present in the App are protected under the applicable Intellectual Property rights and belong to NEROES or respective third parties, as applicable. This includes but is not limited to works, logos, images, graphics, sounds, software and hardware.

9.2 Restrictions on Use: These intellectual properties cannot be copied, reproduced, transmitted, distributed, sold, published, or used in any other way, in whole or in part, except when expressly authorized in writing by NEROES or the respective rights holders. Unauthorized use, modification, or exploitation of these properties for any purpose is strictly prohibited.

9.3 User Obligations: Users agree to respect the Intellectual Property rights of NEROES and third parties. This includes not engaging in any activity that infringes upon these rights, such as:

• Unauthorized copying or distribution of the App’s content or any part thereof.
• Using the App’s content for commercial purposes without proper authorization.
• Altering, modifying, reverse engineering, or otherwise creating derivative works from any part of the App without prior written consent.

9.4 Reporting Infringements: Users are encouraged to report any suspected infringements of Intellectual Property rights to NEROES at info@neroes.tech . NEROES commits to investigating such reports promptly and taking appropriate actions where necessary.

9.5 Consequences of Infringement: If any unauthorized use or infringement of these contents is identified, NEROES reserves the right to take all necessary legal actions to protect its Intellectual Property rights. This may include seeking injunctive relief, damages, and legal costs. Continued infringement may lead to the suspension or termination of the user’s account and access to the App.

9.6 Retention of Rights: All rights that are not expressly granted in these Terms and Conditions are reserved and remain with NEROES or the respective third-party rights holders. Any license or right to use any such intellectual property is granted solely upon the terms of a separate written agreement.

10. Changes

NEROES reserves the right to modify or amend these Terms and Conditions at any time. While we may make minor changes without prior notice, significant changes that affect user rights or the way in which their data is used will be communicated to users in advance.

In the event of significant changes, we will notify users by:

• Sending an email to the address registered with their account, and/or
• Displaying a notification within the App.

The revised Terms and Conditions will be published on the App and will take effect from the moment of their publication. It is the responsibility of the User to review the Terms and Conditions periodically to stay informed of any changes. Continued use of the App after the publication of changes will constitute acceptance of the revised Terms and Conditions.

11. Applicable Law and Competent Forum

These Terms and Conditions of Use are governed and interpreted in accordance with Portuguese law. The Lisbon area court is competent, to the exclusion of any other, to settle any conflicts that result from the interpretation and application of these Terms and Conditions of Use.

In addition to the Terms and Conditions present herein, the Users are protected via the Privacy and Security Policy, that can be consulted here.