NEMA AI Terms & Conditions
Last updated on July 13th 2023
The NEMA AI applications, software development kit and other software (collectively, the "Software") that You seek to download from NEMA AI’s website (the "Website") will enable You to use the NEMA AI Cloud Service ("Service"). The Software and Service are intended for use in connection with the neuroheadset. Your use of the Software, Service and Website is subject to the terms and conditions set forth in this NEMA AI Terms of Use ("Terms of Use"). BY CLICKING ON "ACCEPT," "SIGN UP," OR EQUIVALENT ACCESS BUTTON, BY INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE OR BY USING THE SERVICE OR WEBSITE, YOU ACCEPT ALL OF THESE TERMS OF USE AND AGREE THAT THESE TERMS OF USE CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND NEMA ARTIFICIAL INTELLIGENCE PRIVATE LIMITED (NEMA AI), THE TERM 'NEMA ARTIFICIAL INTELLIGENCE PRIVATE LIMITED' OR 'US' OR 'WE' OR ‘NEMA AI’ refers to the owner of the website whose registered/operational office is 261,Pkt A-4, Kalkaji Ext, Delhi South Delhi DELHI 110019. The term 'you' refers to the user or viewer of our website.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT INSTALL OR USE ALL OR ANY PORTION OF THE SOFTWARE OR USE THE SERVICE OR WEBSITE.
"YOU" OR "YOUR" MEANS THE INDIVIDUAL ACCEPTING THESE TERMS OF USE OR THE COMPANY OR OTHER LEGAL ENTITY FOR WHICH SUCH INDIVIDUAL IS ACCEPTING THESE TERMS OF USE IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS. IF YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, FOR EXAMPLE YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE THAT AUTHORITY, YOU MAY NOT ACCEPT THESE TERMS OF USE OR ACCESS OR USE THE SOFTWARE, SERVICE OR WEBSITE ON BEHALF OF THAT COMPANY OR OTHER LEGAL ENTITY.
YOUR USE THE SOFTWARE, SERVICE AND WEBSITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR USE IN CONNECTION WITH THE DIAGNOSIS, PREVENTION, TREATMENT, OR CURE OF ANY MEDICAL CONDITION. NEMA AI DOES NOT ENDORSE ANY SUCH USAGE AND DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY SUCH USAGE.
The use of this website is subject to the following terms of use:
1. Privacy Policy. Protecting Your privacy is important to NEMA AI. NEMA AI’s Privacy Policy can be found on the Website. Please take a moment to review the Privacy Policy. It describes NEMA AI’s collection, use, and disclosure of data and information in connection with Your use of the Software, Service and Website. The Privacy Policy, as it may be updated by NEMA AI from time to time, is incorporated into these Terms of Use.
2.End User License Agreement. Your use of the Software and Service is also subject to the terms and conditions of NEMA AI’s End User License Agreement ("EULA"). The EULA can be found on the Website. In the event of a conflict between these Terms of Use and the terms of the EULA, these Terms of Use will control over the conflicting terms of the EULA. Any reference in the EULA to software shall also include the Service unless the inclusion of the Service is illogical in that particular context. The EULA, as it may be amended by NEMA AI from time to time, is incorporated into these Terms of Use.
3. License. Subject to Your compliance with all of these Terms of Use, NEMA AI grants You a limited, nonexclusive, nonsublicenseable, nontransferable, revocable license to install and use the Software for purposes of accessing and using the Service.
4.Ownership; Proprietary Rights. NEMA AI retains all rights to the Software, Service and Website not specifically granted in these Terms of Use. NEMA AI or third parties own the Software, Service and Website, including all worldwide right, title, and interest, including all intellectual property and other proprietary rights, as well as all usage and other data generated or collected in connection with the use of the Software, Service and Website. The Software, Service and Website are protected by Indian laws and international treaty provisions. Except as expressly set forth in these Terms of Use, You may not reverse engineer, disassemble, decompile, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Software, Service, Website or any other NEMA AI property. NEMA AI’s products, services and software, including the Software and the Service, are protected by several patents. Scan Data. You retain ownership of the scan data (EEG data) collected by Your Neuro Headsets device that You upload to the Service through use of the Software. You hereby grant NEMA AI a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual license to: (i) use, reproduce, display, transmit, and prepare derivative works of Your scan data for purposes of providing the Service to You, for so long as You maintain Your Service user account; (ii) distribute Your scan data to third parties to whom You authorize such distribution, including third parties who operate research and other studies or programs; (iii) use, reproduce, display, transmit, distribute, perform, and otherwise exploit Your scan data, with the right to grant sublicenses, in any media formats and through any media channels where it is aggregated with scan data relating to other Service users such that You are not personally identified or identifiable; and (iv) use, reproduce, display, transmit, distribute, perform, and otherwise exploit Your scan data for scientific purposes. NEMA AI is the owner of all information, derivative metrics and data it adds to Your scan data, such as event timing markers and translational and/or predictive algorithms.
5.Third Party Programs. The Software and Service may facilitate Your participation (at Your option) in research and other studies or programs relating to scan data conducted by third parties, such as Your employer or the person or entity conducting the research, study or program. If You choose to participate, NEMA AI will disclose your personal information, including Your scan data relating to Your participation, to the applicable third party. Third parties may offer You compensation in connection with Your participation. You acknowledge and agree that NEMA AI only facilitates the transfer of information to You about the third parties' research, studies, or programs, the transfer of Your personal information to the third parties, and the payment of compensation between You and the third parties, and that NEMA AI does not conduct the research, studies, or programs or control the actions of the third parties, NEMA AI itself is not liable for any payments and NEMA AI has no liability to You relating to Your participation. Third party research, studies, and programs may be subject to additional terms and conditions required by the third party. NEMA AI recommends that You review and ensure You agree with any such terms and conditions before participating.
6. Third Party Software. If You access any Third Party Software, You hereby authorize NEMA AI to share all or certain portions of Your personal information, including scan data, with the applicable Third Party Software provider based on the terms and conditions (including the license tier and number of license seats) of NEMA AI’s license agreement with that provider. In the event the provider fails to comply with any terms and conditions of the license agreement, NEMA AI has the right to cease sharing Your personal information with that provider, which may prevent the Third Party Software from functioning properly. "Third Party Software" means software developed by a third party using NEMA AI’s software development kit, which relies on Your scan data to function, including but not limited to enterprise, consumer and free software applications.
7.Third Party Information. The Service may allow You to provide NEMA AI with scan data and other personal and non-personal information of third parties, such as that of Your employees, friends and research or study participants. You represent and warrant to NEMA AI that You have obtained the informed written consent of such third parties to: (i) provide this third party information to NEMA AI; and (ii) allow NEMA AI to use and disclose this third party information to You and others in the same manner as Your information under these Terms of Use. You further represent and warrant to NEMA AI that You provide appropriate safeguards and enforceable rights and effective legal remedies for such third parties who have provided You or NEMA AI with personal information.
8.Prohibited Uses of the Service. As a condition of Your use of the Service, You will not use the Service for any purpose that is unlawful, fraudulent, or prohibited by these Terms of Use. You may not use the Service in any manner that NEMA AI determines, in its sole discretion, could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. Under no circumstances will You attempt to access the user account or scan data of any other Service user without NEMA AI’s authorization.
9.Our Communications with You. You consent to receive communications from NEMA AI electronically. We will communicate with You by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that NEMA AI provides to You electronically satisfy any legal requirement that such communications be in writing.
10. Discussion Groups. NEMA AI may allow You and others to post messages on the Website through discussion groups and other community forums. All such messages posted on the Website, and any opinions, advice, statements, content or other information contained in such messages are the sole responsibility of the author of those messages and not NEMA AI. The fact that a particular message is posted on or transmitted using the Website does not mean that NEMA AI has endorsed, encouraged or approved that message in any way or verified the accuracy, completeness, legality or usefulness of that message. To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless NEMA AI , its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including attorneys' fees) arising out of or accruing from any messages You post on the Website or which are otherwise attributable to You. Although NEMA AI does not regularly monitor such discussion groups or other community forums, NEMA AI has the right, but not the obligation, to remove or otherwise delete any message from the Website at any time without prior notice, in NEMA AI’s sole discretion. You may report any objectionable message to NEMA AI at support@nemaai.com.
11. Termination. You may terminate these Terms of Use at any time, for any reason or for no reason, by deleting all copies of the Software in Your possession or control, cancelling Your Service user account and discontinuing all use of the Website. NEMA AI, in its sole discretion, and for any or no reason, may terminate these Terms of Use, Your user account, all or any part of Your use of the Service, and/or Your access to the Website, NEMA AI may do so without prior notice, and NEMA AI will not be liable to You or any third party for doing so. NEMA AI may also, in its sole discretion, and at any time and for any or no reason, discontinue providing all or any part of the Service, Software or Website, with or without prior notice, and NEMA AI will not be liable to You or any third party for doing so. Upon termination of these Terms of Use, You agree to delete all copies of the Software in Your possession or control. Sections 4, 5, 8, 10, 11 and 13 survive termination of these Terms of Use.
12. Children. The Software, Service and Website are not intended for children under the age of 4 and children without parent/guardian's consent. By accepting these Terms of Use, You represent and warrant to NEMA AI that You are at least 4 years of age and have parent/guardian's consent.
13. Changes. NEMA AI reserves the right to modify these Terms of Use. NEMA AI will post the most current version of these Terms of Use on the Website. If NEMA AI makes material changes to these Terms of Use, NEMA AI will notify You. If You do not accept the changes, You must stop using the Service, Software or Website and cancel Your account by emailing NEMA AI. Your continued use of the Service, Software or Website after NEMA AI publishes or sends a notice about changes to these Terms of Use means that You are consenting to the updated terms.