Last updated November 1, 2023
NeoRecall, Inc. provides relaxation services accessible via our mobile device application NeoRecall for the iPhone (“App”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our App. By using this App, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the App.
Please refer to our Privacy Policy at NeoRecall.com/privacy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and NeoRecall, Inc. will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Via the App, users can select from a variety of options to create customized relaxation sessions. You understand and agree that the App and any other information you learn from NeoRecall, Inc. are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the App are suitable for everyone. You understand and agree that you are solely responsible for your use of the App.
NeoRecall, Inc. is a provider of mobile relaxation and mindfulness content in the health & wellness space. We are not a health care or medical device provider, nor should our App be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that vibrasonic stimulation of fingertip neurons can affect neurotransmitters and human emotions, NeoRecall, Inc. makes no claims, representations or guarantees that the App provide a physical, mental or therapeutic benefit.
To the extent that you participate in using the Services, you represent and warrant that you are in adequate physical and mental health and have no disability or condition that would make using the Services dangerous. You should consult a licensed physician prior to using these Services if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or mental health condition. You acknowledge that NeoRecall has advised you of the necessity of doing so.
To the extent that you participate in using the App, you represent and warrant that you are in adequate physical and mental health and have no disability or condition that would make using the App dangerous. You should consult a licensed physician prior to using this App if you have a pre-existing injury, a history of heart disease, high blood pressure, other chronic illness, or mental health condition. You acknowledge that NeoRecall has advised you of the necessity of doing so.
Any advice or other materials in the App are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the App.
There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive mindfulness practice. People with existing mental health conditions should speak with their health care providers before using the App.
Do not use NeoRecall while driving, operating heavy machinery or performing other tasks that require attention and concentration. Stop using NeoRecall immediately if you feel lightheaded, nauseous or any other adverse symptoms. If you have a serious physical or mental health condition, you should consult a licensed physician prior to using NeoRecall. You understand and agree that you are solely responsible for your use of this app, and will indemnify and hold harmless NeoRecall for any adverse events that may occur.
We welcome feedback, comments and suggestions for improvements to the App (“Feedback”). You can submit Feedback by emailing us at feedback@NeoRecall.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
All materials (including software and content whether downloaded or not) contained in the App are owned by NeoRecall, Inc. (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain materials on or in the App are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you. Audio or video content from NeoRecall not explicitly indicated as downloadable may not be downloaded or copied from the App or any Device.
The App is not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the App for commercial purposes without obtaining a written license to do so from us. Material from the App may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the App and may subject you to legal liability. You agree not to use the App for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the App. Appropriate legal action may be taken for any illegal or unauthorized use of the App.
NeoRecall, the NeoRecall logo and all other NeoRecall product or service marks are trademarks of NeoRecall, Inc.. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the App are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the App is strictly prohibited. NeoRecall will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
Subject to your compliance with these Terms, NeoRecall, Inc. grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. NeoRecall, Inc. reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service. If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:
• These Terms are concluded between you and NeoRecall, Inc., and not with App Provider, and that, as between NeoRecall, Inc. and the App Provider, is solely responsible for the App.
• App Provider has no obligation to furnish any maintenance and support services with respect to the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of NeoRecall, Inc..
• App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, NeoRecall, Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in the Services, please report it to us at help@NeoRecall.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time. Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless NeoRecall, Inc., and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the App or (ii) your violation of these Terms.
Neither NeoRecall, Inc., nor any other party involved in creating, producing, or delivering the App will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the App, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not NeoRecall, Inc. has 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. 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.
In no event will NeoRecall, Inc.’s total liability arising out of or in connection with these terms or from the use of or inability to use the App exceed the amounts you have paid to NeoRecall, Inc. for use of the App or fifty dollars ($50), if you have not had any payment obligations to NeoRecall, Inc., as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between NeoRecall, Inc. and you.
These Terms and any action related thereto will be governed by the laws of the State of Arizona without regard to its conflict of laws provisions.
You and NeoRecall, Inc. agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the App (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide NeoRecall, Inc. with written notice of your desire to do so by email at support@NeoRecall.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide NeoRecall, Inc. with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide NeoRecall with an Arbitration Opt-out Notice, will be the state and federal courts located in Arizona and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide NeoRecall, Inc. with an Arbitration Opt-out Notice, you acknowledge and agree that you and NeoRecall, Inc. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and NeoRecall, Inc. otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for Arizona residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and NeoRecall, Inc. otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of the documents that you and NeoRecall, Inc. submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. NeoRecall will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $5,000, NeoRecall, Inc. will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if NeoRecall, Inc. changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to feedback@NeoRecall.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of NeoRecall, Inc.'s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and NeoRecall, Inc. in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between NeoRecall, Inc. and you regarding the App, and these Terms supersede and replace any and all prior oral or written understandings or agreements between NeoRecall, Inc. and you regarding the App. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without NeoRecall, Inc.'s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. NeoRecall, Inc. 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.
Any notices or other communications provided by NeoRecall, Inc. under these Terms, including those regarding modifications to these Terms, will be given: (i) by NeoRecall, Inc. via email; or (ii) by posting to the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
NeoRecall, Inc.'s 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 NeoRecall, Inc.. 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.
If you have any questions about these Terms or the App, please contact NeoRecall, Inc. at feedback@NeoRecall.com.