Neutrack C Terms & Conditions
Neutrack App Terms and Conditions
PLEASE READ THESE LICENCE TERMS CAREFULLY
THIS APP IS A COMPANION TOOL FOR OWNERS OF THE NEUPULSE C WEARABLE DEVICE. FOR FURTHER INFORMATION ABOUT THE DEVICE, INCLUDING HOW TO PURCHASE IT, PLEASE REFER TO OUR WEBSITE.
BY USING THE APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.
THESE TERMS APPLY TO ALL USERS OF OUR APP.
1. Who we are and what this agreement does
1.1 Neurotherapeutics Ltd license you to use:
1.1.1 The Neutrack C App mobile application software and your use of our services through the Neutrack C App (“Neutrack C App”) and any updates or supplements to it
1.1.2 The related electronic documentation accessed via the Neutrack C App (“Documentation”)
1.1.3 The service you connect to via the Neutrack C App and the content we provide to you through it (“Service”)
as permitted in these terms.
1.2 Neurotherapeutics Ltd (registered company number 13198315) trading as Neupulse, owns and operates the Neutrack C App and our website. Our registered office address is at The Ingenuity Centre, University of Nottingham Innovation Park, Triumph Road, Nottingham, NG7 2TU, UK.
1.3 If you need to contact us please email our Customer Experience team at enquiries@neupulse.co.uk
1.4 Neupulse name and logo and Neutrack are the registered trademarks of Neurotherapeutics Ltd.
2. Your privacy
2.1 Under data protection legislation we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
3. Non-Medical Use
3.1 Neupulse C products and the Neutrack C App are intended for general wellness and lifestyle purposes only. Through gentle non-invasive median nerve stimulation Neupulse C is designed to support calm and relaxation during moments of restlessness or physical tension helping you feel more at ease and in control. The Neupulse C device and the Neutrack C App are not medical devices and are not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition. The products, the Neutrack C App and any information which we provide on our website or in our User Manual are not intended to provide medical advice or replace consultation with a qualified healthcare professional. You should consult a healthcare professional before using the product if you have any medical concerns.
3.2 We market our Neupulse C products and Neutrack C App as consumer wellness products. Future versions of the product may be subject to different regulatory classifications and may be sold under different names or terms.
3.3 Individual experiences when using the product and Neutrack C App may vary. We do not guarantee that use of the product will produce any particular physical, mental or wellness outcome.
4. The Neutrack C App only works with the Neupulse C device - Additional Terms apply
4.1 The Neutrack C App is designed for use with the Neupulse C device. You can find out more about the Neupulse C device and purchase it from our website (separate Terms and Conditions apply).
4.2 Through gentle non-invasive median nerve stimulation Neupulse C is designed to support calm and relaxation during moments of restlessness or physical tension helping you feel more at ease and in control. The Neutrack C App acts as a companion tool to the Neupulse C device, supporting account management, configuration and usage tracking. You agree to use the Neupulse C device only in accordance with the User Manual supplied when you purchased the device (separate Ts & Cs also apply).
5. If you download the Neutrack C App through the Apple App Store, the Apple App Store terms and conditions apply
5.1 If you download our Neutrack C App from the Apple App Store then the ways in which you can use the App and Documentation may also be controlled by their rules and policies https://www.apple.com/app-store/. If there are differences between our rules and policies and the Apple app store’s rules and policies the Apple App store’s rules and policies will apply to the extent required by the platform or in relation to App Store use.
6. If you download the Neutrack C App through the Google Play Store, the Google Play Store terms and conditions apply
6.1 If you download our Neutrack C App from the Google Play Store then the ways in which you can use the App and Documentation may also be controlled by their rules and policies https://play.google.com/store/apps/developer?id=App+Store.&hl=en_GB. If there are differences between our rules and policies and the Google Play App Store’s rules and policies the Google Play App Store’s rules and policies will apply to the extent required by the platform or in relation to App Store use.
7. Neutrack C App Users
7.1 Where you use our Services by creating an account in the Neutrack C App you are responsible for maintaining the confidentiality of your account and your password. You should take all reasonable steps to ensure the password is kept secure and confidential and you must tell us immediately if you believe someone else knows your password or if it is being or may be used in an unauthorised manner.
7.2 You are responsible for ensuring that your account information remains up to date and accurate.
You must be aged 16 or over to accept these terms and use the Neutrack C App
You must be aged 16 or over to accept these terms and use the Neutrack C App.
8. Operating system compatibility requirements
iPhone - Requires iOS 17.0 or later.
Android –Requires Android OS 14.0 or later.
9. Customer Content & Our use of AI
9.1 To use the Services, you may be asked to input information or data into the Neutrack C App for the purpose of using the Services. Such information or data is defined as Customer Content. Customer Content excludes personal data (such as your name or contact details).
9.2 In sharing or uploading any Customer Content through the Neutrack C App you confirm that:
9.2.1 Customer Content is to the best of your knowledge and belief, complete, accurate and not in any way misleading; and
9.2.2 You have all necessary rights and permissions to share Customer Content.
9.3 You are solely and fully responsible for the content of any of Customer Content that you share through the Neutrack C App including any errors, omissions or inaccuracies contained therein. We will have no liability to you or any other person for the content of Customer Content.
9.4 You agree that we may use Customer Content (provided that such is de-identified such that it cannot be linked back to a specific person or organisation) to provide, maintain, develop and improve the Neutrack C App and our Services to comply with applicable laws and to enforce the terms of this agreement.
9.5 If there is any loss or damage to Customer Content, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged Customer Content from the latest back-up of such Customer Content (if any) maintained by us. We will not be responsible for any loss, destruction, alteration or disclosure of Customer Content caused by any third party (except in respect of any third parties sub-contracted by us to perform services related to Customer Content maintenance and back-up, for which we shall remain liable)
9.6 We do not currently use artificial intelligence (AI) within the Neupulse C device or the Neutrack C App and we do not use AI to make automated decisions about you. Our business does use AI tools in relation to anonymised / pseudonymised datasets collected from both use of the Neupulse C device and the Neutrack C App (i.e. data which cannot be linked to an identifiable person) to monitor quality and safety, for research and product development purposes and for other internal business purposes. If in the future we plan to change how we use AI and this will affect how your personally identifiable data is processed or it might mean that we use the AI to make decisions about you we would notify you of this in advance and would only make such changes in compliance with applicable regulatory standards.
10. Support for the Neutrack C App and how to tell us about problems
10.1 Support. If you want to learn more about the Neutrack C App or the Service or have any problems using them please take a look at our support resources available through the Neutrack C App and on our website.
10.2 Contacting us (including to make a complaint). If you think the Neutrack C App settings or the Services are faulty or misdescribed or wish to contact us for any other reason please email our Customer Experience team at enquiries@neupulse.co.uk.
10.3 How we will communicate with you. If we have to contact you we will do so by email, by SMS, by voice call or by pre-paid post using the contact details you have provided to us.
11. How you may use the Neutrack C App, including how many devices you may use it on
11.1 In return for your agreeing to comply with these terms you may:
11.1.1 download or stream a copy of the Neutrack C App onto your device(s) and view, use and display the Neutrack C App and the Service on such devices for your personal purposes only.
11.1.2 use any Documentation to support your permitted use of the Neutrack C App and the Service; and
11.1.3 receive and use any free supplementary software code or update of the Neutrack C App incorporating "patches" and corrections of errors as we may provide to you.
11.2 You understand and accept that the Neutrack C App and the Services only work when used with a Neupulse C device. You may download the Neutrack C App onto multiple devices but the Neupulse C device can only be paired with one Neutrack C App user profile at any one time. See section 3 for how you can purchase the Neupulse C device from us.
11.3 You can stop using the Neutrack C App at any time but this might affect your ability to use the Neupulse C device.
12. You must not transfer the Neutrack C App to someone else
12.1 We are giving you personally the right to use the Neutrack C App and the Service as set out above in section 12 (“How you may use the Neutrack C App"). You may not otherwise transfer the Neutrack C App or the Service to someone else whether for money, for anything else or for free. If you sell any mobile phone on which the Neutrack C App is installed you must remove the Neutrack C App from it.
13. Changes to these terms
13.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
13.2 Unless it is an emergency we will give you at least 30 days’ notice of any change by sending you an email with details of the change.
13.3 If you do not accept the notified changes you will not be permitted to continue to use the Neutrack C App and the Service.
14. Update to the Neutrack C App and changes to the Service
14.1 From time to time, we may automatically update the Neutrack C App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Neutrack C App for these reasons.
14.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Neutrack C App and the Services.
14.3 The Neutrack C App will always work with the current or some previous version of the operating system (as it may be updated from time to time).
15. If someone else owns the phone you are using
15.1 If you download or stream the Neutrack C App onto any phone not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms whether or not you own the phone.
16. We are not responsible for other websites you link to
16.1 The Neutrack C App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
16.2 You will need to make your own independent judgement about whether to use any such independent sites including whether to buy any products or services offered by them.
17. Licence restrictions
17.1 You agree that you will:
17.1.1 not rent, lease, sub-license, loan, provide or otherwise make available the Neutrack C App or the Services in any form, in whole or in part to any person without our prior written consent.
17.1.2 not copy the Neutrack C App, Documentation or Services except as part of the normal use of the Neutrack C App or where it is necessary for the purpose of back-up or operational security.
17.1.3 not translate, merge, adapt, vary, alter or modify the whole or any part of the Neutrack C App, Documentation or Services nor permit the Neutrack C App or the Services or any part of them to be combined with or become incorporated in any other programs except as necessary to use the Neutrack C App and the Services on devices as permitted in these terms
17.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Neutrack C App or the Services nor attempt to do any such things.
17.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Neutrack C App or any Service.
You also understand and accept that you must only use the Neutrack C App in accordance with the device User Manual (supplied to you when you purchased the device).
18. Acceptable use restrictions
18.1 You must:
18.1.1 not use the Neutrack C App or any Service in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms or act fraudulently or maliciously for example by hacking into or inserting malicious code, such as viruses, or harmful data into the Neutrack C App, any Service or any operating system.
18.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Neutrack C App or any Service.
18.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Neutrack C App or any Service.
18.1.4 not use the Neutrack C App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
18.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service and,
18.1.6 not use the Neutrack C App for clinical, medical or research purposes unless expressly authorised by Neupulse.
19. Intellectual property rights
19.1 All intellectual property rights in the Neutrack C App, the Documentation and the Services throughout the world belong to Neurotherapeutics Ltd (or our licensors) and the rights in the Neutrack C App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to the Neutrack C App, the Documentation or the Services other than the right to use them in accordance with these terms.
20. Our responsibility for loss or damage suffered by you
20.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if at the time you accepted these terms both we and you knew it might happen.
20.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
20.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
20.4 Our liability to you in relation to your purchase and use of the Neupulse C device is set out in the Terms and Conditions which applied when you purchased the device from us. Please contact our Customer Experience team at enquiries@neupulse.co.uk if you need help with your device.
20.5 The Neutrack C App is intended for general wellness use only. We are not responsible for any reliance placed on the Neutrack C App as a substitute for medical advice, diagnosis or treatment.
20.6 We are not liable for business losses. The Neutrack C App is for domestic and private use. If you use the Neutrack C App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
20.7 Although we make reasonable efforts to update the information provided by the Neutrack C App and the Service, we make no representations, warranties or guarantees whether express or implied, that such information is accurate, complete or up to date.
20.8 We do not back-up content or data relating to the Neutrack C App. We recommend that you back up any content and data used in connection with the Neutrack C App or keep your own separate records of how you are using the Neutrack C App to protect yourself in case of problems with the Neutrack C App or the Service.
20.9 You should check that the Neutrack C App and the Services are suitable for you. The Neutrack C App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Neutrack C App and the Services (as described on our website, the Apple App Store site (if this is where you have downloaded the Neutrack C App from), the Google Play Store site (if this is where you have downloaded the Neutrack C App from) and in the Documentation) meet your requirements.
20.10 We are not responsible for events outside our control. If our provision of the Services or support for the Neutrack C App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
21. We may end your rights to use the Neutrack C App and the Services in certain circumstances
21.1 We may end your rights to use the Neutrack C App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
21.2 If we end your rights to use the Neutrack C App and Services:
21.2.1 You must stop all activities authorised by these terms including your use of the Neutrack C App and any Services.
21.2.2 You must delete or remove the Neutrack C App from all devices in your possession and immediately destroy all copies of the Neutrack C App which you have and confirm to us that you have done this.
21.2.3 We may remotely access your devices and remove the Neutrack C App from them and cease providing you with access to the Services.
22. Other important terms and conditions
22.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
22.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No one other than you or us has any rights to enforce the terms of this agreement.
22.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful the remaining paragraphs will remain in full force and effect.
22.4 Even if we delay in enforcing this agreement we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms or if we delay in taking steps against you in respect of your breaking this agreement that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.