Last updated: October 24, 2022
These End User Terms of Service (“Terms”) are a legal agreement between us ( “us”, “our”, “we”, or “Neural Formula”) and you, the person who directly uses one or more products and services we offer for your personal use under these Terms, including through applications, websites, and software (each, an “End User Service”).
These general Terms apply to all of our End User Services that reference these Terms, including Link. Neural Formula users that are using our products and services for business purposes (“Business Users”) are subject to different terms.
There are additional terms and policies that are incorporated into these Terms, which cover your agreement to both accept terms and receive notices online, how we process personal data and cover specific End User Services with additional requirements. We encourage you to read them all before using the End User Services.
The following additional policies and terms also apply when you access or use the End User Services, all of which are incorporated by reference into these Terms:
We may revise these Terms from time to time. We will use reasonable efforts to notify you of material changes to these Terms in advance of their effectiveness, including by posting notice on the applicable End User Services or providing notice via an email address or physical address associated with you. The revised Terms will be effective on the date stated in the revised Terms. By using an End User Service after any revisions become effective, you agree to those changes. If you do not agree with any changes to these Terms, you must stop using the End User Services.
You must meet certain minimum requirements in order to use the End User Services. You must be old enough to enter into a contract in your country of residence, and you must not be the subject of sanctions laws.
You may only agree to these Terms if you are old enough to enter into a contract in your country. In most countries, this is 18 years of age or older.
You must not use the End User Services if you have previously been terminated or suspended from using any of our services, including any End User Service, or if you are the subject of government sanctions such as those applied by the U.S. Office of Foreign Assets Control or the government in the country where you live.
You must be eligible for the particular End User Services to the extent they are available in your country. If we present an incorrect country for you or you move countries, then you must correct the county in your account or contact support before using the End User Services again.
To protect you, us, and others that use the End User Services, we need to know who you are, we may share your data or take other actions to identify you and prevent fraud. You are responsible for transactions that occur using your credentials unless you tell us they’ve been stolen.
You agree that:
To protect ourselves and others who use the End User Services, you can only use our End User Services in certain ways and as they are intended to be used. Don’t use the End User Services for anything illegal or that could cause harm to us, our network, or others.
The End User Services are only for your personal use. You must not, and must not allow others to:
We will communicate with you through the End User Services or where available, your email address or phone number. As allowed under law, you consent to the use of your personal contact information for marketing. Contact us if you’d like to withdraw your consent.
To the extent we can do so under law, by providing us with a phone number, you agree to accept and receive transactional and marketing communications from us or our service providers at that number, including through autodialed or prerecorded calls, push notifications, emails, and text (SMS) messages sent manually or through an autodialer. Standard message and data rates your cell phone carrier applies may apply to the text messages we send you.
You also agree that we may use autodialed or prerecorded message calls or text messages to authenticate you, service your account, investigate fraud and collect a debt. You can still use the End User Services if you choose not to receive autodialed or prerecorded message calls or text messages to your mobile phone number, or opt-out of marketing communications from us.
To learn more about your options to opt-out of marketing, receiving communications via text or phone number, or receiving auto-dialed or prerecorded messages, please contact support.
Our services are protected by intellectual property laws. Use of the End User Services does not give you any ownership in them.
The End User Services are protected by trademark, copyright, patent and other laws of the United States and other countries. We and our service providers (as applicable) reserve all intellectual property rights, title, and interest in and to the End User Services. Your use of the End User Services is subject to these Terms, and these Terms do not grant you any rights to our intellectual property or the intellectual property of our licensors, licensees, or partners.
We and others we work with may use content you provide while using the End User Services without payment to you.
You are responsible for all of the content (for example, any images and messages) that you provide, upload, submit, or send through the End User Services or to us. By doing so, you grant us a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license (with the right to sublicense to the third parties we work with) to use that content in connection with our End User Services, including to update the End User Services and to create other products and services.
We may use any feedback, ideas, or suggestions you give us without payment to you.
You may choose to submit feedback, ideas and suggestions about the End User Services, but it is never required. You agree that we may use and share all feedback, ideas, and suggestions you submit for any purpose and without compensation or obligation to you.
We may cancel these Terms at any time, and you may close your account at any time. We can suspend or change your access to the End User Services at any time for any reason, but we’ll try to notify you first unless it is unreasonable to do so.
Termination by Us: We may terminate these Terms, and we may limit, suspend, change, or remove your access to any or all End User Services, including any feature or aspect of the End User Services, at any time for any reason. We will take reasonable steps to notify you through the End User Services or an email or phone number associated with you before taking any action that restricts your access to the End User Services, unless law prevents us from doing so, or we decide that your continued use of the End User Services creates a risk of loss or harm to us or any other person.
Termination by You: Subject to any product-specific Terms below, you may terminate any End User Service at any time and for any reason by terminating the End User Service. Termination will be effective on the date that your account is closed.
Effect of Termination. Upon termination, you will not have any further use of or access to the End User Services. Subject to applicable law, you will also not have any use of or access to any information you submitted through the End User Services, and all rights granted to you under these Terms will end. Termination does not relieve you of your obligations to pay amounts owed to us or others or to indemnify us. Termination does not revoke any third-party payment authorizations. The following provisions will survive even after these Terms terminate: Our Intellectual Property, End User Content, Feedback, Disclaimer of Warranties, Limitation of Liability, Third Party Services, Assignment and Third Party Beneficiaries, and Miscellaneous. To the maximum extent law allows, we will not be responsible for any loss, damage, harm or consequence, including any delay or inconvenience, you may suffer as a result of termination.
While we try to make End User Services that consistently work great for you, we provide them as-is, without any warranty. That means we don’t promise that they’ll always work, and we don’t promise that they’ll work in the way you expect. We are not responsible for any products or services you buy from others through the End User Services.
The End User Services are provided “as-is” and without any representation or warranty, whether express, implied, or statutory. We, our affiliates, and our respective agents, contractors, and Business Users (together, the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever with respect to the End User Services or the content, materials, information and functions we make accessible, and specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the End User Services will be uninterrupted, error-free or secure.
The Disclaiming Entities do not control or make any warranties regarding the products or services others provide in connection with the End User Services. In other words, we do not have control over the businesses from which you’re purchasing when using the End User Services, and we do not promise or imply that the products or services you buy using the End User Services will work as promised or be safe to use.
Some laws limit or prohibit disclaiming the warranties referred to in the previous paragraphs, or impose obligations on us that we can’t eliminate with these Terms. In those cases, this section (Disclaimer of Warranties) will apply to the maximum extent law allows.
This section limits the amount of liability we have and the types of damages you can seek from us. Read it carefully. We will not be liable for more than $200 in damages that occur through the End User Services.
The Disclaiming Entities will not be liable to you for any failure to perform our obligation under these Terms due to any abnormal or unforeseeable event outside our reasonable control, such as an act of terrorism, weather-related event, labor conditions, Internet disturbance, or pandemic.
The Disclaiming Entities will not be liable to you for any failure to perform our obligations under these Terms where performance of that obligation would have put us in violation of applicable law.
The Disclaiming Entities will not be liable to you in any circumstances for:
Loss of business, loss of goodwill, loss of opportunity, or loss of profit; or
Any loss that we could not have reasonably anticipated.
Subject to the specific product Terms below, in no event will the Disclaiming Entities’ liability arising out of or in connection with these Terms exceed $200 USD.
You and we agree that the other has relied on the disclaimer of warranties and limitation of liability stated above in entering into these Terms, the limitation and disclaimer are essential to the agreement between you and us under these Terms, and they will apply to the fullest extent allowed by law.
Some laws restrict our ability to disclaim or limit our liability. In those cases, this section will apply to the maximum extent law allows.
If you have a complaint or dispute, we hope you contact us first.
If you reside in the United States, California law will govern any claim or dispute between you and us that arises out of these Terms, regardless of conflict of law principles. You and we each submit to exclusive personal jurisdiction, and will bring all suits and actions under or in connection with these Terms exclusively, in the federal courts of the Northern District of California and the state courts located in San Mateo County, California.
The End User Services may allow you to access or purchase products and services provided by businesses or persons unrelated to us. They may have their own terms for you to read. We don’t control those businesses or persons, so we aren’t responsible if something goes wrong with their products or services.
Our End User Services allow you to purchase products or services from people, businesses, or entities that are not a Neural Formula entity, employee, or agent.
You are responsible for the purchases you make, and the Business Users you choose to do business with are responsible for providing you the goods or services that you purchase. Contact the Business User if you are not satisfied with your purchase, or if you wish to return, refund, or exchange your purchase, or if you have any questions or issues regarding your purchase. We may display or link to Business Users’ terms or policies with respect to returns, refunds, and exchanges, but we are not responsible for their goods and services. The applicable Business Users determine the content of those terms and policies, and we do not control, or have any responsibility for, their compliance with their terms and policies. If you believe a Business User has not complied with its terms or policies, or any other obligation law imposes, please contact the Business User directly.
To the maximum extent law allows, we will not be responsible or liable for any loss you suffer in connection with your purchase or use of any third-party products or services.
You must not allow someone else to take on your obligations under these Terms. We may enable a third party, including an affiliate, to enforce or assume our rights and obligations under these Terms, but we will only do so if that third party is capable of performing these Terms competently.
You must not assign your rights or obligations under these Terms to anyone without our prior written consent. We may delegate performing our obligations, and we may assign our rights and obligations under these Terms, at any time for any reason. Any Neural Formula affiliate may enforce any of these Terms in our place.
If you have a question about the End User Services or how these Terms apply to you, please contact support.