Welcome and thank you for your interest in Neuphony! You are reviewing these Terms of Use because you use or have purchased, or are considering purchasing or using, the Neuphony Services (the “Neuphony Services”), consisting of a smart ring or other electronic device (the “Neuphony Product”) to be used with the Neuphony mobile application (the “Mobile App”) and related website at Neuphony.com (the “Website”)
THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND NEUPHONY. PLEASE READ THEM THROUGH CAREFULLY BEFORE USING ANY PANKHTECH SERVICES. By using any Neuphony Services you signify your agreement to these Terms of Use (the “Terms of Use”). If you do not agree to these Terms of Use, you may not use the Neuphony Services and should not purchase the Neuphony Services.
The Neuphony Services have been developed and are owned by Pankhtech which is referred to as Neuphony, we, us or our in these Terms of Use. You are referred to as “you” or “your” in these Terms of Use.

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 support@neuphony.com

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.
We may modify these Terms of Use from time to time. The most current Terms of Use will be available on the Neuphony home page and the date of the latest update is indicated at the top of these Terms of Use. We may communicate major changes with a special notice on the Neuphony Services or by email. You accept such modified Terms of Use by continuing to use of the Neuphony Services.
Requirements for Use of the Neuphony Services
You represent and warrant that you are aged 18 years or older and have the legal authority to accept these Terms of Use on your own behalf or any party you represent. Please also refer to the Precautions in these Terms of Use.
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.

Precautions

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 support@neuphony.com to more quickly have your needs handled).

Privacy Policy
The Neuphony Services are subject to the Neuphony Privacy Policy, which can be found at www.neuphony.com/privacy-policy
Limited License and Ownership of the Neuphony Services
You are hereby granted a non-exclusive, revocable and nontransferable license to use the Neuphony Services in accordance with these Terms of Use.
Pankhtech or its licensors own all title and rights to the Neuphony Services, including, but is not limited, to all copyrights, trademarks, know-how and other intellectual property rights included therein. You may not reproduce (whether by linking, framing or any other method), transfer, distribute, store, modify, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of the Neuphony Services except as necessary to display, download or print (without modification) for your own non-commercial use. All rights in the Neuphony Services not expressly granted to you by Pankhtech are retained by Pankhtech and its licensors. Violation of any of these Terms of Use gives Pankhtech sole discretion to refuse or terminate access to the Neuphony Services effective immediately. In such an event you are obliged to immediately destroy any copies you have made of any portion 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.

Indemnity
You agree to defend, indemnify and hold Pankhtech and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any claims, actions or demands, including but not limited to reasonable legal and accounting fees, alleging or resulting from: (a) your violation of these Terms of Use; or (b) your violation of Pankhtech’s intellectual property rights, any third party rights or any applicable law when using the Neuphony Services.

Third-Party Services
To increase value to our users, we may provide links or references to third-party websites or services within the Neuphony Services. We have no control of such websites or services and do not assume any responsibility or liability for any damage or loss of any kind for or due to their content, functionality, or practices. If you decide to access these third-party websites or services, you do so at your own risk. Pankhtech suggests that before using these third-party websites or services you read their terms of use and privacy policies (if any).
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 country, these Terms of Use shall be governed by and construed in accordance with the laws of Estonia, without regard to the principles of conflicts of law of any jurisdiction.
Both parties shall use their best efforts to settle by amicable negotiations any disputes which may occur between them arising out of or relating to these Terms of Use; the existence, validity, termination, interpretation of any term hereof; and disputes regarding your use of the Neuphony Services. If the parties fail to reach an amicable settlement, either party may refer such dispute to binding arbitration.
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.

General
English language shall govern all documents, notices, and interpretations of these Terms of Use. Sections titled Precautions, Indemnity, Content and Warranty Disclaimer, Limitation of Liability and Governing Law and Disputes shall survive and remain in effect after your license to use the Neuphony Services has terminated for any or no reason.
PankhTech’s failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Pankhtech in writing. These Terms of Use constitute the entire agreement between you and Pankhtech with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.
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.

FAQ