Terms and Conditions
Mendi Innovation AB, Reg. No559075-4510, a company duly incorporated and organised under the laws of Sweden, having its registered address at Birger Jarlsgatan 57, 113 56 Stockholm (hereinafter also referred to as “us”, “we”, “our” and “Mendi”) offers you (hereinafter referred to as "Users", “You”, “Your”) a technical solution accessible via mobile App (hereinafter referred to as "the Platform"), by means of which you can use a brain health system that allows you to monitor and improve your brain health and well-being.
The Platform explicitly is not intended to diagnose, treat, cure, or prevent any diseases. Always seek the advice of qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Platform.
“Platform” means the App and any related software, materials, information or documentation that we may provide to you in connection with your use of the App, and any content, writing, images, audio-visual content or other information published on the software or on the materials, information or documentation that we provide to you. The Platform is a brain health system that allows you to monitor your brain activity (based on the analysis of the levels of your brain’s blood oxygenation) through the usage of the Mendi Headset sensor and receive lifestyle recommendations and wellness feedback based on your brain activity measurements, helping you look after your brain as part of a healthier lifestyle.
Any access, browsing or use of the platform without your agreement to be bound by all of these terms and conditions is prohibited. If you do not understand the terms and conditions or are unwilling to be bound by all of these terms and conditions, then do not access, browse or use the platform.
2. User Eligibility
PERSONS UNDER THE AGE OF 18 ARE NOT PERMITTED TO ACCESS OR USE THE MENDI SERVICES UNLESS THEIR PARENT OR LEGAL GUARDIAN HAS READ AND ACCEPTED THESE TERMS AND CONDITIONS ON THEIR BEHALF AND TAKEN FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS AND CONDITIONS, IN ACCORDANCE WITH APPLICABLE LAW.
If you are a parent or guardian permitting a person under the age of 18 (a ‘Minor’) to create an account, you also agree to:
- exercise supervision over the Minor's use of the Platform and account;
- assume all risks associated with the Minor's use of the Platform and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on the Platform are suitable for the Minor;
- assume liabilities resulting from the Minor's use of the Platform and their account;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these Terms and Conditions on behalf of the Minor.
IF YOU FAIL TO COMPLY WITH THESE TERMS & CONDITIONS WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.
2.1 Description and Use of the Platform
As a core offering, the Platform (via the mobile app) allows you to monitor your brain activity (based on the analysis of the levels of your brain’s blood oxygenation) through the usage of the Mendi Headset sensor and receive lifestyle recommendations and wellness status measurements based on your brain activity measurements, helping you look after your brain as part of a healthier lifestyle.
Mendi reserves the right to change functionalities or features of the Platform.
Accepting these Terms of Service you acknowledge and agree that the Platform is provided under license, and not sold, to you.
We reserve all other rights.
4. Registration, Account
You may need to be a registered member to access the Platform.
When you register and activate your account, you will provide us with personal information and/or sensitive information including your Name, Email and Phone Number.
You are entirely responsible for maintaining the confidentiality of the information held in the Platform and for all activity that occurs in the Platform on your account.
You are responsible for maintaining the confidentiality of your account and for all activities which occur through the use of your account, which includes but is not limited to not disclosing your login details to anyone else or allowing someone else to use your login details or account. You agree to: (i) immediately notify us of any unauthorized access to or use of your account or any other breach of security; (ii) ensure that you secure your account, computer and mobile device from third party access (iii) accept full responsibility for the activities carried out by the use of your account. We will not be liable for any loss or damage arising from your failure to comply with this Section.
6. Updates, Accuracy, completeness and Timeliness of Information
The information on the Platform is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Platform, to the extent permitted by law, including the applicable Consumer Law, we make no warranty regarding the information on this Platform. You should monitor any changes to the information contained on the Platform.
We are not liable to you or anyone else if interference with or damage to your systems occurs in connection with the use of the Platform or a linked website or Platform. You must take your own precautions to ensure that whatever you select for your use from the Platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your systems.
We may at our sole discretion, from time to time and without notice, change or make additions to or update the Platform (including the Terms and Conditions) or the information, products or services described in it. We will notify you of changes to our Terms and Conditions. By continuing to use the Platform you agree to be bound by the amended Terms and Conditions. You agree to promptly install any software update that we provide and agree that updates may be installed automatically, without any additional notice being provided to you and without any additional consent being obtained from you. We do not however undertake to keep the Platform updated. We are not liable to you or anyone else if errors occur in the information on the Platform or if that information is not up-to-date.
8. Licence restrictions
Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:
- not to copy the Platform or Documents except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, share, translate, merge, adapt, vary or modify the Platform or Documents;
- not to make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Platform with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving interoperability of the Platform with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the Platform;
- to keep all copies of the Platform secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Platform;
- to include our copyright notice on all entire and partial copies you make of the Platform on any medium;
- not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- to comply with all laws and regulations (including technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service (Technology));
together referred to as Licence Restrictions.
8. Acceptable Use Restrictions
- not use the Platform or any Service(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Service(s) or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service(s), including the submission of any material (to the extent that such use is not licensed by these Terms and Conditions);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service(s);
- not use the Platform or any Service(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from any Service(s) or our systems or attempt to decipher any transmissions to or from the servers running any Service(s); and
- not take any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
together referred to as Acceptable Use Restrictions.
We may transfer or assign our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
You may not transfer or assign any of your rights or obligations under these Terms and Conditions, nor sub-license the use (in whole or in part) of the Platform without prior written consent from Mendi.
You are entitled to stop using the Platform at any time and to terminate your agreement with us, including if you do not agree with any changes to the Platform or these Terms and Conditions.
We may choose to terminate your licence to use the Platform at any time and at our sole discretion. Subject to our immediate termination rights set out below, If we choose to terminate your agreement with us we will provide you with two weeks‘ notice.
Either party’s right to terminate the agreement for cause remains unaffected.
We may terminate your licence to use the Platform immediately by written notice to you:
- if you commit a material or persistent breach of these Terms and Conditions (other than any breach of Licence Restrictions or the Acceptable Use Restrictions) which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
On termination for any reason:
- all rights granted to you under these Terms and Conditions (including your licence to access and use the Platform) shall cease;
- you must immediately cease all activities authorised by these Terms and Conditions, including your use of the Platform; and
- you must immediately delete or remove the App(s) from all Devices, and immediately destroy all copies of the App(s) and related documents then in your possession, custody or control and certify to us that you have done so.
Any of these Terms and Conditions that would, by their nature, be expected to survive termination shall remain in full force and effect.
11. Warranties and Disclaimers
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND DETERMINING WHETHER THE PLATFORM IS FIT FOR YOUR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE APPLICABLE CONSUMER LAW, THE PLATFORM AND CONTENT IS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM OR THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS THAT THEY WILL BE COMPLETE, ACCURATE OR UP-TO-DATE, THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, OR THAT THE PLATFORM WILL BE SECURE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM IS WITH YOU.
We reserve the right to interrupt, restrict, suspend or terminate without notice your access to the Platform, any Content, or any feature of the Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
YOU INDEMNIFY, KEEP INDEMNIFIED AND HOLD US HARMLESS AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DAMAGES, EXPENSES, CHARGES, FINES, PENALTIES OR OTHER COSTS WHATSOEVER (‘DAMAGES’) WHICH WE, OR ANY OF OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES OR CONTRACTORS MAY INCUR, DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR USE OF THE PLATFORM (INCLUDING ANY BREACH OF THESE TERMS AND CONDITIONS), EXCEPT WHERE SUCH DAMAGES ARE CAUSED BY OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE APPLICABLE CONSUMER LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PLATFORM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Interpretation of Sections 11 and 12
If any disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Platform.
If any Damages may not be excluded by law, to the maximum extent permitted by law our liability is limited, at our sole election, to refunding the fees paid under these Terms and Conditions or to providing, replacing or repairing the Platform.
If you wish to contact us in writing, or if any condition requires you to give us notice in writing, you can send this to us by e-mail to email@example.com.
If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your request for the Platform.
15. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control, including but not limited to acts of God, acts of civil or military authorities, riots, embargoes, acts of nature, natural disasters or failure of public or private telecommunications networks (‘Event Outside Our Control’).
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions:
- our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under these Terms and Conditions may be performed despite the Event Outside Our Control.
16. Third party services
The Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
17. Intellectual Property Rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Platform and in all of the material (including all text, graphics, logos, audio and software) made available on the Platform (Content). You will always own your own health information.
Your use of the Platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Platform or the Content.
Any reproduction or redistribution of the Platform or the Content is prohibited and may result in civil and criminal penalties. In addition, it is expressly prohibited to copy the Content to any other server or location, for publication, reproduction or distribution.
All other use, copying or reproduction of the Platform, the Content or any part of it is prohibited, except to the extent permitted by law.
18. Other Important Terms
We are entitled to assign any of its rights and obligations under these Terms, in whole or in part, without restriction to any person or entity at any time with or without your consent. You may not assign these Terms and Conditions, or assign, sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, in the Service, and any attempt to the contrary is void.
We may change the services provided through the Platform at any time in our sole discretion, such as by adding or removing features or discontinuing the services. In addition, we are entitled to modify these Terms and Conditions at any time. If you do not wish to accept such Terms you can terminate your account. Any continued use by you of the Services following notification of modified Terms shall constitute acceptance by you of such terms.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
18.4 No Waiver
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
19. Jurisdiction and Governing Law
These Terms and Conditions are governed by and interpreted in accordance with the laws of Sweden. We both agree that the courts of Sweden shall have exclusive jurisdiction to settle any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity of the Agreement. Consumers still have the possibility to invoke mandatory provisions of the laws of their own country.
Revised: March 10, 2021