Support and Questions
If you have any questions about the installation or use of the Neuphony Services or have technical difficulties, you will find FAQs on our Website at Neuphony.com or you may e-mail us at firstname.lastname@example.org
Changes to Services and Terms
We may change or discontinue, in whole or in part, the Neuphony Services at any time without notice. You acknowledge that Pankhtech is not liable to you or to any third party for any such action.
Requirements for Use of the Neuphony Services
The full Neuphony experience requires the Neuphony Product, Internet access to the Mobile App and Website, and other required software (if any). Periodic updates to any of these elements may be required for improved performance, and the performance of the whole may be affected by the performance of any of these elements. You are responsible for obtaining your own Internet access and mobile device to access the Neuphony Services.
Please note that Neuphony Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and guidance in the Neuphony Services are there for informational purposes only and can not replace the services of health professionals or physicians. You should always consult a physician before making any changes to your sleep or activity based on information or guidance of the Neuphony Services, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Neuphony Services. We are not responsible for any health problems that may result from information or guidance you learn about through the Neuphony Services. If you make any change to your sleep or activity based on the Neuphony Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body’s responses. For example, if you feel unexpected, repeating or long term pain, fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. The information and guidance in the Neuphony Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.
Please be cautious that the Neuphony Product you are wearing does not get caught on fixed structures or heavy objects when moving yourself or moving said heavy objects.
Corporate Contact Info
Mailing Address: PankhTech OÜ, Ahtri tn 12, Tallinn, 10151, Estonia
Phone: +49-17628611288 (Please note calls to this number cannot reach customer service. For questions on support, orders, returns or product information, please email us email@example.com to more quickly have your needs handled).
Limited License and Ownership of the Neuphony Services
You may propose to Neuphony modifications or improvements to all or any part of the Neuphony Services. By choosing to disclose such a proposal to Neuphony, you hereby grant Pankhtech all title and ownership and intellectual property rights to such a proposal.
Content and Warranty Disclaimer
EXCEPT FOR THE LIMITED WARRANTY FOR THE PANKHTECH PRODUCT SET FORTH BELOW, THE PANKHTECH SERVICES ARE PROVIDED BY PANKHTECH AND ITS AFFILIATES “AS IS.”
NEITHER PANKHTECH NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PANKHTECH SERVICES (INCLUDING THE PANKHTECH PRODUCTS), ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE PANKHTECH SERVICES. IN ADDITION, PANKHTECH AND ITS PARTNERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PANKHTECH SERVICES (INCLUDING THE PANKHTECH PRODUCTS), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, PANKHTECH DOES NOT WARRANT THAT USE OF THE PANKHTECH SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PANKHTECH SERVICES (INCLUDING ANY PANKHTECH PRODUCT) ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
LIMITED WARRANTY FOR THE PANKHTECH PRODUCT, FOR EXAMPLE, THE HEADBAND. PANKHTECH WARRANTS TO THE ORIGINAL END USER PURCHASER THAT THE NEUPHONY PRODUCT IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR ONE (1) YEAR FROM THE DATE OF PURCHASE.
If your local law in effect at the time of purchase requires a warranty period longer than two (2) years, this warranty shall be extended to the extent required by such law. Within the warranty period, Pankhtech shall repair or replace at no charge to you any components of the Neuphony Product that fail the limited warranty provided. You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Neuphony Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the Neuphony Product in accordance with the instructions accompanying the Neuphony Product or available at the Website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering or alterations to the Neuphony Product, by anyone not authorized by Neuphony; or (vi) use of the Neuphony Product with any other application or software than the Mobile App.
Pankhtech retains the exclusive right to repair or replace the Neuphony Product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of warranty. Warranty repairs and replacements have a new warranty which is the longer of thirty (30) days.
Limitation of Liability
IN NO EVENT WILL PANKHTECH OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PANKHTECH SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PANKHTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF NEUPHONY, ARISING FROM OR RELATING TO THE PANKHTECH SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO €100. PANKHTECH’S AFFILIATES, PROVIDERS, AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE.
In some locations, applicable law may not allow certain of the limitations described above, in which case such limitations will apply to the maximum extent allowed by such applicable law.
Governing Law and Disputes
If you reside in any EU, (1) the arbitration will be held in accordance with the Arbitration Rules of the International Chamber of Commerce of Estonia (“ICC”) in effect at the time of the arbitration (the “ICC Arbitration Rules”); (2) the ICC shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the ICC Arbitration Rules; and (3) the place of arbitration shall be in Tallinn, Estonia.
If you reside in any EU, (1) the arbitration will be held in accordance with the Arbitration Rules of the International Chamber of Commerce of India (“ICC”) in effect at the time of the arbitration (the “ICC Arbitration Rules”); (2) the ICC shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the ICC Arbitration Rules; and (3) the place of arbitration shall be in New Delhi, India.
In either case, the arbitration shall be conducted by a single arbitrator who shall be a professional, legal or otherwise, but shall not be, or have previously been associated with either party (the “Arbitrator”). The arbitral award shall be final, binding and non-appealable. The Arbitrator’s award must be reasoned and issued in writing within thirty (30) days of the hearing, unless otherwise agreed to by Pankhtech and you.
Notwithstanding the foregoing, in recognition of the irreparable harm that a breach by you of Neuphony’s intellectual property rights would cause, Pankhtech may seek an injunction against such violation or breach in a court of competent jurisdiction.
PankhTech OÜ, Ahtri tn 12, Tallinn, 10151, Estonia
TERMS OF DELIVERY
Neuphony shop base country is Estonia. This may mean that your payment can be subject to foreign transaction if credit card is used. Please check for more information with your card issuing bank. Neuphony are shipped from India.
The European Union and India
DDP – Delivered Duty Paid
Pankhtech is responsible for delivering the goods to the named place in the country of the buyer, and pays all costs in bringing the goods to the destination including import duties and taxes.
Outside the European Union or India
DAP – Delivered at Place
Pankhtech pays for carriage to the named place, except for costs related to import clearance, and assumes all risks prior to the point that the goods are ready for unloading by the buyer.