Terms & Conditions

NeuroTracker Terms & Conditions for End Users

Last Updated : November 13, 2017

Welcome to NeuroTracker. CogniSens Inc. (referred to as ‘we’, ‘us’ or ‘CogniSens’) are the owners and primary provider of all NeuroTracker applications, intellectual property, and www.neurotracker.net

Please read these terms and conditions carefully. By signing up with a NeuroTracker account, you are agreeing to these terms and conditions, and must (a) be at least 18 years old, or (b) have your parent’s or legal guardian’s permission to do so.

Terminologies

NeuroTracker applications include ‘NeuroTracker Remote’ (web based), ‘NeuroTracker Pro’ (both web and Win OS desktop based), ‘NeuroTracker Pro Centre’ (Win OS desktop based), and ‘Elite’ and ‘Custom’ versions (upgrades to NeuroTracker Pro). These software applications can be delivered across a variety of hardware and software platforms. Collectively these NeuroTracker applications will be referred to here as ‘NT Apps’.

End-users of NT Apps may sign-up directly with CogniSens, or through an independent organization or commercial service provider of NT Apps (for example a sports team, school, or treatment clinic), who will be referred to here as ‘Organization/s’.

Pricing and Subscriptions

Prices for NT Apps are primarily based on US dollar amounts. According to international currency and tax situations, CogniSens reserves the right to variable pricing for non-US countries.

By subscribing to an end-user account you authorize CogniSens to bill your credit card or other
payment method for the subscription period. All subscriptions will automatically renew at the current subscription rate upon the expiration of the current subscription period, unless cancelled. You may cancel your subscription at any time up to 11pm the evening before the renewal date, which will prevent any further renewals, unless re-subscribing at a later date.

You may change your billing between monthly, quarterly or yearly subscriptions at any time. Any change will take effect upon the expiration of the current subscription period.

We reserve the right to change our fees from time to time. If we change our subscription fees, any such change will not apply until your next subscription period. You will be notified of any changes in fees at least one month in advance, via the e-mail address you provided for your account.

Although in some circumstances we may do so, we are not required to provide any refunds for paid NT App subscriptions.

We may cancel access to any end-user accounts that have been provided free of charge (for trial purposes), at any time.

If for any reason we terminate your subscription without cause, we will refund a pro rata portion of any fees that you have paid, for the unused portion of the paid subscription period.

In the case of any temporary lapses in service or unintended software behavior related to product updates or server stability, we will strive to correct these promptly, but we are not required to provide any refunds.

In any case of improper or inappropriate use associated with NT Apps, we reserve the right to terminate your end-user account without refund.

End Users signed-up with Organizations

If you receive access to NT Apps from an Organization provider authorized by CogniSens, you acknowledge that the Organization is responsible for managing your NT Apps training programs and training session settings.

As part of your membership, your Organization may also provide you with access to their centre-based NeuroTracker Pro (advanced training system). If so, this is provided to you at their discretion, and they are under no obligation from us to do so. In addition, neither the Organization, nor CogniSens, is required to provide you with personal access to any training data collected on your Organization’s NeuroTracker Pro system.

Though we may provide and deliver 3D glasses for NT Apps directly to you, we are not obligated to do so. In some cases, Organizations providing NT Apps will be required to provide or deliver 3D glasses for NT Apps to end-users.

CogniSens is not responsible for any product based claims or warranties made by any Organization regarding NT Apps. It is your responsibility to qualify any Organization before signing-up with them.

If there is a dispute between you and an Organization, we are under no obligation to become involved. However, if you are dissatisfied with your Organization service, or wish to disengage from their service for any reason, we reserve the right to transfer you to an independent NeuroTracker Personal account managed by CogniSens (if you are willing).

For end-users already signed-up with a Personal NeuroTracker account, we is not required to transfer the account to an Organization upon request, though may do so in some circumstances.

We are not responsible for any Organizations’ data privacy policies or actions.

Usage of NT Apps

Internet is required to access NeuroTracker. We are not responsible if any NT Apps services are altered or interrupted due to slow or unstable internet connections.

We are not responsible for any problems or lack of training benefits when NT Apps is used differently from the instructions provided in the NeuroTracker User Guide (available here). This includes any problems occurring with NT Apps due to incompatible software or hardware.

Although we may choose to do so, CogniSens has no obligation to provide support services for software and hardware setups associated with the use of NT apps.

Each end-user account is provided exclusively for the single person who purchased the account subscription. It should not be shared with others, and it is your responsibility to protect your account access through appropriate use of your login name & password security.

As an end-user you cannot choose what training programs or session settings are provided in NT Apps. These are standardised if signed-up with CogniSens, or if signed-up with an Organization, they are managed by the Organization.

We are not required to provide exports of usage data outside of the NeuroTracker software platform, or to synchronise your data between Remote NT Apps (Cloud application) and NeuroTracker Pro based NT Apps (Win OS desktop application).

We are not responsible for any users who cannot adequately perform NeuroTracker due to factors such as age, cognitive impairment, sensory or physical disability.

If you provide any comments, testimonials, feedback or suggestions to us regarding NT Apps, we may use these freely.

You should not hack, modify, or reverse engineer, any part of the software architecture of NT Apps, or replace any copyright or branding associated with NT Apps.

Training effects from NT Apps vary from person to person. Improvements in the NeuroTracker exercise, or training benefits transferring to human performance domains, are not guaranteed.

Though NeuroTracker may be used in the assessment of medical conditions, any interpretation or diagnoses made from NT Apps data needs to be made by a professional medical specialist. NT Apps is not intended to be a replacement for medical treatments, assessments or professional advice.

We are not responsible for the physical safety of your use of NT Apps while performing physical activity or integrating use with other technologies, or for any side effects potentially associated with NeuroTracker training generally. Likewise we are not liable for any potential indirect or consequential damages relating to the use of NT Apps.

General Terms

NT Apps are located in Canada. If you choose to use NT Apps in other regions of the world with laws governing data collection that differ from Canada law, then please note that you are transferring your personal Information according to Canada law. Please refer to the Privacy Policy at www.NeuroTracker.net/privacy for more details.

Any claim or dispute relating to these Terms and Conditions, shall be governed by the laws of the Province of Quebec, Canada.

We may modify NT Apps at any time with functional changes, updates or upgrades.

These Terms and Conditions remain in effect for any period of time that you are subscribed as an end-user of NT Apps.

We may amend these Terms and Conditions from time to time. If we make changes we will post the revised Terms and Conditions within NT Apps, on the neurotracker.net website, or notify you by email.

Contact Information

If you have any questions about these Terms and Conditions, please contact us by e-mail at support@cognisens.com or by writing to us at CogniSens Inc., 5186 Côte-des-Neiges, Suite 3, Montréal, QC, Canada.

CogniSens’s contact information for any questions, complaints or claims with respect to NT Apps is support@cognisens.com

The designated Copyright Agent for CogniSens is:
Jean Castonguay
CogniSens Inc.
5186 Côte-des-Neiges, Suite 3
Montréal, QC,
Canada

jcastonguay@cognisens.com