Terms and Conditions

These 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 these 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.

These Terms and Conditions constitute 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 [A CONFIRMAR — nome oficial, NIF e morada da sede] (NEROES), 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 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 placed on the head of the User, used to perform mental training that consists of a videogame controlled by the User from these same signals.
• 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.
• The User is responsible for the use of the App and of the EEG device, and should use the App responsibly and consciously, fulfilling advised use protocols (please see video tutorials and help section/FAQs). NEROES is not responsible for physical, psychological, material or financial damage due to the misuse of the 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, contact 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. Availability can be affected by factors including but not limited to technical issues, maintenance, and updates. Planned maintenance will be scheduled during low-usage hours with advance notice; in the event of unexpected outages, our team will work promptly to restore service and communicate updates; and in case of service interruptions, we are committed to preserving user data integrity.

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:

• sell the services provided here;
• provide false information, including names, addresses and other contacts;
• attempt to circumvent security, including accessing information that is not intended for the User, or entering an account other than his own;
• intercept or attempt to intercept any information that is not intended for them;
• enter into fraudulent interactions or transactions with NEROES;
• extract data or pirate/hack the App;
• use the NEROES services in violation of the rules defined here;
• participate in any criminal and/or fraudulent activity related to the use of the App;
• 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 access to any of the services is uninterrupted or error-free, or 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. Users should keep their systems up to date and periodically back up their own system.

5.2 Service Modification: NEROES can change, suspend, or discontinue the App at any time, and may 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 includes, but is not limited to: sharing an account with others (each account is personal and non-transferable); using the App for illegal purposes or in support of illegal activities; harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable behavior; interfering with or compromising system integrity or security; and accessing or attempting to access another User’s account or misrepresenting your identity.

5.4 Consequences of Unacceptable Use: Violation of the Acceptable Use Policy may result in immediate suspension or termination of access to the Services, legal action, and/or disclosure to law enforcement authorities as deemed necessary by NEROES, which 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. Feedback can be submitted via email at info@neroes.tech or through the designated feedback feature within the App.

6.2 Handling of Feedback: All feedback received will be reviewed by the NEROES team. Users will not receive compensation or recognition for feedback provided, unless otherwise agreed upon in a separate written agreement.

6.3 Complaints Procedure: Complaints can be directed to 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 of the App and customer service.

7. Suspension and Termination of Services

7.1 Suspension for Violation of Terms: If the App is used (or allowed to be used by a third party) in violation of these Terms and Conditions, NEROES may suspend use of the App immediately.

7.2 Review and Reinstatement: NEROES reserves the right to review the circumstances leading to suspension and may, at its discretion, reinstate a user’s access if satisfactory justification or corrective measures are provided.

7.3 User-Initiated Termination: Users may terminate their use of the App at any time by contacting NEROES at info@neroes.tech to request account deactivation.

7.4 Data Handling Post-Termination: Upon termination, personal data will be handled in accordance with the Privacy and Security Policy; data not required to be retained by law or for legitimate business purposes will be deleted within 30 days of termination.

7.5 Rights and Obligations After Termination: Termination does not affect rights and obligations accrued until the date of termination; provisions that by their nature should continue beyond termination will remain in effect.

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, including but 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 arising out of or in connection with the use, or inability to use, the App or any services provided through it.

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, and that information sent or received during 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 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.

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 applicable Intellectual Property rights and belong to NEROES or respective third parties, as applicable.

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.

9.3 User Obligations: Users agree to respect the Intellectual Property rights of NEROES and third parties, including not engaging in unauthorized copying, distribution, commercial use, or creating derivative works without prior written consent.

9.4 Reporting Infringements: Users are encouraged to report any suspected infringements of Intellectual Property rights to info@neroes.tech. NEROES commits to investigating such reports promptly.

9.5 Consequences of Infringement: NEROES reserves the right to take all necessary legal actions to protect its Intellectual Property rights, which may include seeking injunctive relief, damages, and legal costs, and may lead to suspension or termination of the user’s account.

9.6 Retention of Rights: All rights not expressly granted in these Terms and Conditions are reserved and remain with NEROES or the respective third-party rights holders.

10. Changes

NEROES reserves the right to modify or amend these Terms and Conditions at any time. Minor changes may be made without prior notice; significant changes that affect user rights or how data is used will be communicated in advance, by email to the address registered with the account and/or a notification within the App.

The revised Terms and Conditions will be published on the App and take effect from the moment of publication. It is the responsibility of the User to review the Terms and Conditions periodically. Continued use of the App after publication of changes constitutes 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, Users are protected via the Privacy and Security Policy.