Kinetic Neuroscience, LLC (“We” “Us” or “Kinetic”) cares about your privacy and those of others.
1. What the Privacy Policy Covers
This policy covers how Kinetic treats personal information that Kinetic collects and receives, including through the www.kineticneuroscience.com website (the “Site”). As the Kinetic site is only to be accessed by persons 18 years or older, we do not intend to collect any personal information from children under 13. Personal information is information about you that is personally identifiable, including your name, email address, billing address, phone number, credit card information, birth date, and other information, that is not otherwise publicly available, as defined in 42 USCS § 13925 (20). This policy does not apply to the practices of companies that Kinetic does not own or control, or to people that Kinetic does not employ or manage.
2. Why We Collect Personal Information
Kinetic Neuroscience, LLC collects your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services, focus on categories of greatest interest to you, process your orders, and detect and address technical issues and fraud. In addition, your personal information helps us keep you posted, at your request, on the latest product announcements, software updates, special offers, and events that you might like to hear about. Our emails to you should always contain an unsubscribe option.
3. Information Collection and Use
Kinetic may ask for your personal information when you’re purchasing a product, registering a product, participating in a forum, discussing service issues, downloading a software update, registering for an event or participating in an online survey.
i. Personal Information
In such cases, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact information; your credit card information and information about the products you own; and information relating to a support or service issue.
ii. Site Usage Information
Kinetic gathers certain generic information with respect to your use of the Site, such as the frequency with which you visit the Site, the applications and the services you use, and the areas on the web site that you favor. We only use this type of data in aggregate – that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our customers use certain parts of our web site which, in turn, enables us to make it as appealing as possible.
We may also provide statistical information about how our customers collectively use our web site to partners, advertisers, sponsors, and other companies with which we do business, but, in no instances, shall your personal information be disclosed. We do this so they, too, can understand how often people use their areas of the site in order for them to provide you with the best possible experience. This statistical information does not contain any personally identifiable information about you or any of our users. We may use also personal information to provide products that you have requested as well as for auditing, research, and analysis to improve our products.
iii. Cookies
Kinetic may set and access cookies on your computer. A cookie is a small text file containing a unique identification number that is transferred from a Web site to the hard drive of your computer so that the site administrator may identify your computer and passively track its activities on the website. This unique number identifies your web browser to our computer system. A cookie will not allow a website to learn any personally identifiable information (such as your real name and address) that you have not otherwise disclosed. Cookies allow us to automatically remember your web browser when you visit our site or Service.
The use of cookies is an industry standard, and they are currently used on most major Web sites. It is possible to adjust your Web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. While we do not require you to use cookies, we request that you keep in mind that certain sites and services may not function properly if you set your browser to refuse all cookies.
4. ‘Do Not Track’ Signals
Your web browser may allow you to configure the ‘Do Not Track’ feature, which indicates to the website that you do not want your activity on that site to be tracked. We do not support ‘Do Not Track’ signals at this time.
5. Retention
We may retain your personal information for as long as it is needed to fulfill the purpose for which it was collected, including complying with or enforcing legal agreements. We may also retain your Usage Data as needed for analysis to improve our existing services and features.
6. Your Rights Under the General Data Protection Regulation (GDPR)
As a resident of the European Economic Area (EEA), you may be entitled to the data protection rights listed below. If you would like to exercise any of these rights, please contact us.
i. Access
The right to know which personal data we have collected from you and to access it.
ii. Correction
The right to update your personal information. You can directly correct your personal information, including your first and last name, email address, and date of birth, via your personal use application. To correct any other personal information, contact us.
iii. Erasure
The right to request deletion of your personal information.
iv. Restriction
The right to request that processing of your personal information be restricted. To restrict the processing of your personal information, contact us.
v. Objection
The right to object to our processing your personal information.
vi. Transfer
The right to request that a machine-readable copy of your personal information be transferred to you or a chosen third party.
vii. Removal of Consent
The right to withdraw your consent to the processing of personal information where we were dependent on your consent to process it.
viii. Complaint
The right to complain about how we collect, process, or use your personal information. To submit a complaint, contact your local Data Protection Regulator.
7. Processing of Data Under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), Kinetic may process your data for one or more of the following reasons: (1) To create or fulfill contractual obligations to you, (2) to protect our legitimate interests when they are not overridden by your rights, (3) to comply with your requests, upon your consent, or (4) to comply with the law.
8. Disclosure Exceptions
Any information given to us shall be stored and managed with our best possible care, and will not be used in any ways to which you have not consented. We will not sell, rent or exchange such personality identifiable information to any other organization or entities, unless the user is first notified and expressly agreed to. Notwithstanding the above, we may indeed disclose personal information if required to do so in response to legal process, such as a court order or subpoena, or when such disclosure is made for establishment or exercise of legal rights or in defending against legal claim or as otherwise required by law, including pursuant to 18 USC Section 2257. And, as we mention above, we may share with aggregated statistical information about the use of Kinetic, its services and other future services.
9. Minors
If a parent believes that his or her minor child has submitted personal information to us, he or she can contact us via e-mail or postal mail as listed below. We believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.
10. Third Party Sites
Links on this website to other websites are provided as a convenience to you. Such linked sites are outside our control and responsibility and are not covered by this policy. If you use any such linked sites, you should consult the privacy policies posted on those websites. We are currently using companies to provide payment and other fulfillment services. As of the date of this privacy policy, these companies are: Stripe, WooCommerce, WordPress, MailChimp, and MixPanel. We may also use companies to serve advertisements on some of our pages. These companies and advertisers may place and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not ours. We may use your information or allow companies access to your information to determine which advertisements you will see and what communications you will receive. This information may include your demographic information, geographic location, what content you access on our site, how you rate such content, language contained in your comments and other information. Our site contains links to other Websites. We are not responsible for the privacy practices or the content of such Websites. Our site may also link to Websites that feature our trademarks and names along with trademarks and names of other companies. You should look at the privacy policy on that co-branded Website, as the co-branded Website may not be under our control. Applications you use or download from our site or third-party sites may contain third party digital rights management systems (“DRMS”) which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that we shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The applications may also contain DRMS produced by us which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order toprevent illegal or unauthorized use of the applications. For reasons such as improving member experience and providing customized communications to our users, we may receive information about you from third party sources and our web logs and add it to the information that we have received from you. Web logs automatically record anything a web server sees, which may include e-mail addresses you enter into a form or pages viewed by a user at a particular IP address.
11. Information Sharing
We will not share your personally identifiable information with third parties, aside from entities that perform services for us, such as fulfilling orders or processing payment, that either are bound to comply with our privacy policy or have privacy policies that protect your information unless you have “opted-in” to such sharing. If you have previously opted-in to such sharing under a prior privacy policy version, you are still considered to have opted-in under this privacy policy. As stated, and whether or not you have opted-in, we may use third parties to accept and process orders and payments for merchandise and products, including software, and such third parties may get access to your personal information for the purposes of providing services or products to you on our behalf. In addition, if you opt-out, we may share that information with third parties who send e-mails on our behalf so that they do not e-mail you. However, we may disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someone’s safety. We may request demographic information from you (for example, your age, education level or household income) from time to time. We will not share that information in a manner that identifies you as an individual with any other entity, unless we let you know that at the time of collection or we have your permission. When we share demographic information with third parties, we will give them aggregate information only.
12. Transfer of Personal Data Under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), we may transfer your data as per the following policy. Personal information may be transferred and stored in a location other than your state, country, or governmental jurisdiction. It may also be processed by company staff working outside the EEA. By submitting your personal information to us, you are agreeing to this transfer of data. We take reasonable steps to ensure that your personal information remains secure and is processed as per the regulations of this Privacy Policy. We take all reasonable measures to ensure that your data is not transferred to or processed in a country that does not have adequate controls in place to secure your data.
13. Sale of Assets
In the event that Kinetic is ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases together with any personally identifiable information contained therein, to a third-party acquiring Kinetic’s assets. In the event we do so, we will place a prominent notice of the sale on the homepage of our site, with links to information as to how you can change your privacy preferences.
14. Changes to this Privacy Policy
We may change our privacy policy from time to time by updating the posting, provided however that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.
15. Contact Information
If you have questions or concerns regarding this Privacy Policy, you should contact us. References to Kinetic in this Privacy Policy refer to Kinetic Neuroscience, LLC, a North Carolina Limited Liability Corporation, and its affiliates.
Date Last Updated: September 1, 2026
1. Terms
By accessing this web site, you are agreeing to be bound by these support web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Use Licenses
Permission is granted by the manufacturer of Kinetic Neuroscience, LLC (Kinetic), to temporarily download one copy of the materials (information or software) on your device or site for personal, non-commercial transitory viewing and use. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Kinetic’s web site or application software; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
3. Disclaimer
The materials on Kinetic’ web site or applications are provided “as is”. Kinetic makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kinetic does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or applications or otherwise relating to such materials or on any sites linked to this site or appliocations.
4. Limitations
In no event shall Kinetic or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Kinetic's Internet site or applications, even if Kinetic or a Kinetic authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Kinetic's web site or applications could include technical, typographical, or photographic errors. Kinetic does not warrant that any of the materials on its web site or applications are accurate, complete, or current. Kinetic may make changes to the materials contained on its web site or applications at any time without notice. Kinetic does not, however, make any commitment to update the materials.
6. Links
Kinetic has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kinetic of the site. Use of any such linked web site is at the user’s own risk.
7. Site Terms of Use Modifications
Kinetic may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Kinetic's web site or applications shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
Date Last Updated: September 1, 2026
This is a legal agreement between you (meaning you as an individual if acting on your own behalf, or the company that you represent if you are acting on behalf of such company) and Kinetic Neuroscience, LLC and/or its affiliates (“Kinetic") with an office at 106 Drayton Hall, Jacksonville, NC 28540. By placing an order or making a purchase of the Prodcut and/or Software, Guide and accessories included in the packaging (“Kinetic Suite”) from the Kinectic websites (the “Site”), you agree to these terms of sale set out below, Kinetic Neuroscience, LLC’s Privacy Policy and any website terms of use (collectively “Terms”). These Terms may be updated by Kinetic Neuroscience, LLC from time-to-time, and it is your responsibility to review these Terms each time you make a purchase from the Site.
BY CLICKING ON THE BUTTON TO SUBMIT AN ORDER, OR BY OTHERWISE CONTINUING WITH THE PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT CLICK THE BUTTON TO SUBMIT AN ORDER.
1. English Only
THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND AGREEMENTS, ARE ONLY PROVIDED IN ENGLISH. DO NOT USE THE VERSUS SUITE OR OTHER FF PRODUCTS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH.
2. Ordering
i. Application
These Terms will apply to all orders for the Kinetic Suite placed by you through the Site, or as otherwise referenced in a written agreement between you and FF. You acknowledge that the information contained on the Site may contain technical inaccuracies or typographical errors. The Site, all content available on the Site, and all related communications are provided on an “AS IS” basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Site.
ii. Requirements
To place an order, you must:
provide up-to-date, complete and accurate registration information as requested by us on the Site, which may include your first and last name, institution name, mailing address, phone number and email address;
provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you; and be at all times in compliance with the terms and conditions of these Terms and applicable law, including the requirement to be 18 years of age or older.
iii. Accuracy
You specifically agree that Kinetic may rely on the accuracy of the information provided by you to Kinetic, and that Kinetic will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Kinetic.
iv. End User Sales Only
All products available through the Site are intended for end-user customers only. You may not purchase the Kinetic Suite for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.
3. Delivery and Shipping
i. Acceptance Required
All orders are subject to acceptance by Kinetic, and any rejection of an order will be made in Kinetic’s sole discretion, regardless of whether the order was confirmed through the Site. If you have been charged for an order that is subsequently rejected by Kinetic, Kinetic will refund the amount of that order to your credit card.
ii. Delivery Requirements
Kinetic will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. Kinetic will therefore not be liable in any way for any delay or damage arising from Kinetic’s failure to meet your delivery requirements or any delivery dates.
iii. Shipping Terms
All shipments will be made by Kinetic’s facilities in the State of North Carolina. Risk of loss for products will pass to you upon delivery to the carrier, and you are responsible for pursuing the carrier for any loss occurring in transit.
iv. Check Order
You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify Kinetic immediately. Please check the order carefully, as no claim for shortages or deficiencies will be accepted by Kinetic after five (5) days from delivery of the products.
4. Pricing and Payment
i. Currency
All prices are in US dollars unless otherwise expressly stated in writing. Where you are making payment in a currency other than US dollars, the currency exchange rate that applies is the one in effect at the time your payment is processed, not the one that was in effect on the date that you placed your order. Kinetic reserves the right to change its standard prices without notice.
ii. Prices
Prices are exclusive of, and you will pay:
all applicable federal, state, provincial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided Kinetic with an appropriate tax exemption certificate or number, and all fees and charges related to customs, duties and brokerage. As required by applicable law Kinetic may charge sales tax for sales through the Site. Any sales tax charged will be indicated during the checkout process.
iii. Importer of Record
For procurement of the Versus Suite outside the United States of America, you are the importer of record in the destination country, you are responsible for:
paying for all import fees such as import duties and customs taxes; and ensuring that the Kinetic Suite can be lawfully imported, and to comply with all laws and regulations of the destination country. With respect to each item for which import fees have been calculated, you authorize us to designate a carrier (“Designated Carrier”) to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, and, if applicable, process and remit your actual import fees for such item. Your order may include an estimate (“Import Fees Estimate”) of some or all of the import fees that will be levied on the items in your order for shipment. By placing your order, you agree to allow us to collect the Import Fees Estimate for the applicable items in your order. This amount will be used, on your behalf, to reimburse the Designated Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country. The Import Fees Estimate may or may not include customs duties. If they do not include customs duties, you will be responsible for making arrangements with the customs authorities for payment of duties. The Import Fees Estimate may be more or less than the final actual amount of import fees due and payable. We have no control over the import fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase. You agree and acknowledge that:
the actual import fees may be more or less than the Import Fees Estimate: and you will NOT receive any refund in the case that the actual import fees differ from the Import Fees Estimate.
iv. Credit Card
Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, commencing on the date that your credit card was rejected. Kinetic may, in its sole discretion, delay shipment of, or cancel, your order where your credit card is rejected.
5. Final Sale
Except as provided for in this section 5, and to the extent prohibited by law, all sales are final and you have no right to return the Versus Suite unless: (a) there is a defect that is covered under the warranty set out in the Warranty Agreement, and (b) you have complied with the return procedures set out in the Return Policy. If you have purchased a Kinetic Product and licensed the Kinetic Software directly through an official Kinetic on-line stores, you may return the Product that was licensed to you for any reason, within thirty (30) days of the shipment date for such Prodcut, as indicated on the records of the Company. To return such Product, you must complete and follow the return procedure set out in the Return Policy. Kinetic Products and Software purchased through merchants other than the Kinetic on-line store are covered by the merchant’s return policy and are excluded from these provisions.
6. Title, Intellectual Property, Use Restrictions and License Grants
i. Title to Kinetic Product
Title to any Kinetic Product procured by you will pass to you upon your full payment for such Kinetic Product in accordance with Section 4.
ii. Title to Software
Notwithstanding the foregoing, title to software will not pass to you, and you are hereby put on notice that your use of any Kinetic software supplied to you is governed by and subject to the end user license agreement as may be provided to you with the software. Such license terms may be included as a file with the software that you download for use with the Kinetic Product. Use of any third party software will be governed by and subject to your agreeing to the terms of all applicable third party agreements and licenses respecting such third partysoftware.
iii. Intellectual Property Rights
You do not acquire any intellectual property or other proprietary rights under these Terms, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to Kinetic products, software or any part thereof. Your only rights to Kinetic products, software, or any part thereof will be those rights expressly licensed or granted to you under these Terms or in a separate, or other written agreement between you and Kinetic. Any rights not expressly granted under these Terms are reserved.
iv. Restrictions/Representations
Except to the extent expressly agreed upon in writing by you and Kinetic, you will not (and will not allow any third party to):
use Kinetic and the associated software for any purpose other than as authorized under the end user license agreement for the software; remove or alter any copyright notice or any other notices that appear on Kinetic or the associated software, or modify or create derivative works thereof; reverse engineer or attempt to discover any source code or underlying ideas or algorithms of Kinetic or any associated software (except to the extent that applicable law prohibits reverse engineering restrictions); provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of Kinetic or the associated software for the benefit of any third party; or use Kinetic or any associated software, or allow the use, transfer, transmission, export, or re-export of Kinetic or any associated software or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations. For the purposes of these Terms, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits through the online and mobile services made available by Kinetic from time- to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of Kinetic (collectively, the “Kinetic Services”).
You represent that your User Generated Content:
will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy; will not violate any law, statute, ordinance or regulation; will not be obscene or contain child pornography; and will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate. You agree to indemnify, hold harmless and defend Kinetic, its service providers and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of this Section by you or by another who has access to or use of the Kinetic Suite, Kinetic Services, or User-Generated Content through you.
v. Personally Identifiable User Generated Data
For the purposes of these Terms, “Personally Identifiable User Generated Data” means User Generated Content that identities You. For example, Kinetic considers your picture, name, address, phone number, email address, and electrophysiology data as Personally Identifiable User Generated Data. For clarity, Personally Identifiable User Generated Data does not include anonymized or aggregated data.
You own your Personally Identifiable User Generated Data; we can’t use it without your consent. You grant to Kinetic a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any media now existing or developed in the future only so far as required to deliver Kinectic Services and products. You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.
vi. Non-Personally Identifiable User Generated Data
For the purposes of these Terms, “Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data. You grant to Kinetic a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any media now existing or developed in the future. You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for Kinetic to use such Non-Personally identifiable User Generated Content.
vii. Third Party Equipment
You are responsible for the selection, implementation, and performance of any and all third party equipment used in connection with Kinetic’s Prodcut and Software Suite, and for compliance with any licenses, conditions, laws, rules and/or regulations respecting the use of Kinetic’s Prodcut and Software Suite and any equipment, services or software used in conjunction with Kinetic’s Product and Software Suite.
viii. Compatibility
Before ordering Kinetic’s Product and Software Suite, you should check www.kineticneurscience.com/products to determine if Kinetic’s Suite is designed to work with your smartphone or tablet or computer. Kinetic assumes no responsibility with regard to the performance or use of your smart phone/tablet/computer with Kinetic Prodcut and Software Suite.
ix. Permitted Age
Kinetic Services, software and products should only be used by individuals aged 16 years or older (“Permitted Age”). If the user is of the Permitted Age or older but under the age of 18, the user should review these Terms with the user’s parent or guardian to make sure that the parent or guardian understands these Terms.
x. Informational Purposes Only
Content generated or found through Kinetic Services or products is for informational purposes only and is not intended to replace the relationship between you and your physician or other health-care provider. Kinetic is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.
7. Changes
i. Design Functionality
Kinetic reserves the right to make changes in the design and functionality of Kinetic’s Suite without the obligation to make equivalent changes to products that have previously been supplied to you.
ii. Orders
Except as expressly set forth in these Terms, you will not be entitled to change or cancel any order that has previously been accepted by Kinetic without the prior written agreement of Kinetic, unless Kinetic is unable to fulfill said order.
iii. Software
FF includes embedded software (firmware). Kinetic reserves the right, but has no obligation, to download updates to your Kinetic’s Product and Software Suite, upon your Kinetic Product being connected to a computer (wired or wirelessly) actively connected to the Internet, in order tomaintain compatibility with Kinetic software associated with Your compatable prodcut, such as the Kinetic or third-party SDK.
8. Limited Warranties, Exclusions and Support by Kinetic Neuroscience, LLC
i. Statutory Protections
THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
ii. Limited Warranty
Kinetic’s Suite is warranted by Kinetic as set out in the Warranty Agreement, which describes the applicable warranty periods, exclusions, and how warranty coverage is provided. Software license agreements apply to your use of software associated with Kinetic Product and Software Suite, as described in the applicable Kinetic end user license agreement.
EXCEPT TO THE EXTENT EXPRESSLY SET OUT IN THIS SECTION 8.b, KINETIC IS PROVIDED “AS IS AND WITH ALL FAULTS” AND KINETIC DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO KINETIC INCLUDING, BUT NOT LIMITED TO: THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS; AND PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR SERVICES, INFORMATION, SOFTWARE AND RELATED CONTENT THROUGH KINETIC OR OTHERWISE ARISING OUT OF THE USE OF KINETIC.
iii. Liability Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM KINETIC’S GROSS NEGLIGENCE, KINETIC, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE OF PRODUCTS OR FUNCTIONALITY, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF INFORMATION (INCLUDING DATA) OR OTHER PECUNIARY LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO:
USE OF KINETIC’S PRODUCT OR SOFTWARE SUITE; OR THE INABILITY TO USE OR THE NON-PERFORMANCE OF KINETIC’S PRODUCT OR SOFTWARE SUITE, IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF KINETIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KINETIC, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE NET PURCHASE PRICE PAID BY YOU FOR KINETIC’S PRODUCT OR SOFTWARE SUITE UNDER THIS AGREEMENT.
iv. Basis of the Bargain; Exclusions
The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and Kinetic. You understand and agree that Kinetic would not be able to economically or reasonably provide Kinetic’s Product or Software Suite to you without these limitations.
v. Limited Warranty Claim Process
If you have a valid claim under Section 8.b., follow the warranty claim process set out in the Warranty Agreement to obtain a Return Material Authorization (RMA) approval number, shipping address and instructions.
vi. Support
Kinetic will not be obligated to provide any support or maintenance services for the Kinetic Product or Software Suite unless otherwise expressly agreed upon in writing by you and Kinetic. However, this provision does not relieve Kinetic of its warranty obligations described in Section 8.b. above.
9. Cancellation and Termination
i. Termination Rights
Kinetic may terminate these Terms upon written notice to you, and may also stop any products in transit to you and suspend the delivery of Kinetic’s Product or Software Suite to you without penalty, if:
you commit a material breach of these Terms and fail to remedy such breach within thirty (30) days of receiving notice of such breach, or you become involved in any legal proceeding concerning your solvency, have a receiver or administrator appointed of any of your assets, cease or threaten to cease operations, or otherwise have a serious and reasonable doubt arise respecting your solvency. Except as otherwise specified in these Terms, neither party will be entitled to terminate or cancel these Terms except with the prior written consent of the other party.
ii. Insolvency
Upon termination of these Terms for your breach or insolvency:
all of Kinetic’s performance obligations hereunder will immediately cease; your license to use any software provided to you hereunder will immediately cease, and you will either return all such software to Kinetic or certify that such software has been destroyed; and any payments then due to Kinetic become immediately payable in full.
10. Accounts and user conduct
Each Kinetic software subscription is non-transferrable and may only be used by the individual to whom it is initially registered. If Kinetic determines that any user is not using Kinetic’s Product or Software Suite, or Services responsibly, Kinetic has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the Kinetic Services. If Kinetic, in its sole discretion, believes that the user has engaged in or facilitated practices that:
are in breach of these Terms; are offensive, illegal or violate the rights of others or Kinetic; could result in liability for Kinetic, then Kinetic has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of Kinetic Services, or delete information posted or stored to the Kinetic Services. In addition, Kinetic reserves the right to limit the number of accounts that may be created from Kinetic’s Product or Software Suites and the number of Kinetic’s Product or Software Suites associated with an account. If Kinetic suspects that any registration data provided is inaccurate or incomplete, Kinetic may suspend or terminate the account without notice.
11. General
i. English only
Do not order Kinetic’s Product or Software Suite or install, download or use the software unless you can fluently read and understand English. You acknowledge and represent that you have carefully reviewed these Terms and have sufficient understanding of the English language in order tofully understand the terms and conditions contained in these Terms and that you have no questions regarding the meaning or effect of any of these Terms.
ii. Physical Symptoms
In rare cases, people experience seizures or blackouts due to exposure to flashing lights and patterns created by the display of certain applications on mobile or other such similar devices used in conjunction with Kinetic Product or Software Suite. If you have done so, or have experienced any nausea, involuntary movements, tingling, numbness, vision issues while using such devices in the past, you should consult with your doctor before using similar applications and should immediately cease all such use of such applications should the symptoms reoccur. In any event you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain and should closely monitor your children’s use of technology to avoid possible problems.
iii. Privacy Policy
You acknowledge and agree that you have read the Kinetic Privacy Policy located at www.kineticneuroscience.com/legal (or otherwise made available through Kinetic Support, and consent to the handling and processing of your data as described in the Kinetic Privacy Policy.
iv. Interpretation
If any provision, clause or term of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the Terms for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party under these Terms will be binding on the waiving party unless it is expressly made in writing and signed by the waiving party.
v. Other Terms
“Android,” “Google,” “Google Play” and “Nexus” are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by Kinetic is under license. iPad, iPhone, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. Samsung, Galaxy S and Galaxy Tab are registered trademarks of Samsung Electronics Co., Ltd. Sony is a trademark or registered trademark of Sony Corporation. Xperia is a trademark or registered trademark of Sony Mobile Communications AB. LG is a registered trademark of LG Group and its related entities. Nook HD ®is a registered trademark of Fission LLC. All other trademarks and trade names are the property of their respective owners and other company and product names mentioned herein may be trademarks of their respective companies. “Made for iPod,” “Made for iPhone,” and “Made for iPad” mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance.
vi. Governing Law
The Agreement is governed by and construed in accordance with the laws of the United States and the State of North Carolina. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to the Agreement.
vii. Survival
The provisions of these Terms that under a commercially reasonable interpretation reveal that the parties likely would have such provisions survive termination or expiration of these Terms, including without limitation, Sections 6, 7, 8, 9, 10 and 11 will survive the termination or expiration of this Terms.
viii. Contact
If you have any questions or inquiries regarding these Terms or any order or purchase, please contact Kinetic through the contact details set out at www.kineticneuroscience.com. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.
ix. Electronic Communications
For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.
x. Entire Agreement
These Terms constitute the entire agreement between the parties and supersedes all previous agreements relating to the subject matter hereof. This Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both parties.
These Terms were last updated on September 1, 2026
PLEASE REVIEW THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A BINDING LEGAL AGREEMENT BETWEEN KINETIC NEUROSCIENCE, LLC. AND/OR ITS AFFILIATES AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “YOU”) REGARDING THE SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY FUTURE UPDATES, UPGRADES OR VERSIONS OF THE SOFTWARE, ACCOMPANYING DOCUMENTS, INFORMATION, MANUALS OR OTHER RELATED MATERIALS PROVIDED BY KINETIC NEUROSCIENCE, INC. AS PART OF, OR IN CONNECTION WITH THE SOFTWARE (COLLECTIVELY, THE “SOFTWARE”).
THIS SOFTWARE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO BE USED FOR ANY OTHER PURPOSE, INCLUDING MEDICAL OR DIAGNOSTIC-RELATED PURPOSES.
THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND AGREEMENT, ARE ONLY PROVIDED IN ENGLISH. DO NOT USE THE SOFTWARE SUITE OR OTHER KINETIC PRODUCTS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH. FURTHER, DO NOT INSTALL, DOWNLOAD OR USE THIS SOFTWARE UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH.
BY INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE SOFTWARE.
1. License Grant and Restrictions
i. License Grant
Kinetic grants you a limited personal, non-transferrable, non-sub-licensable, and non-exclusive license to install and use a single copy of the Software for your information and non-commercial use as part of the product or hardware supplied by or on behalf of Kinetic in which the Software is contained or for which it is provided (the ”License”).
ii. Restrictions, Including User-Generated Content
You will not (and will not allow any third party to):
use the Software for any purpose other than as set out in the License grant above;
remove or alter any copyright notice or any other notices that appear on the Software, or modify or create derivative works of any Software; reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law prohibits reverse engineering restrictions), however if the licensee creates, or aids in the creation of a derivative work or transformative work, said resulting derivative work or transformative work shall be the property of the licensor, and the licensor shall grant to the licensee a licensee to said derivative work or transformative work under the same terms of this EULA; provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of the Software for the benefit of any third party; or use any Software, or allow the use, transfer, transmission, export, or re-export of any Software or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations. For the purposes of this EULA, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits through the online and mobile services made available by Kinetic from time- to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of Kinetic (collectively, the “ Kinetic Services”).
You represent that your User Generated Content:
will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy; will not violate any law, statute, ordinance or regulation; will not be obscene or contain child pornography; and will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate. You agree to indemnify, hold harmless and defend Kinetic and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of this Section by you or by another who has access to or use of the Software, Kinetic Services or User-Generated Content through you.
iii. License Grant – PersonallyIdentifiable User Generated Data
For the purposes of this EULA, “Personally Identifiable User Generated Data” means User Generated Content that identities you. For example, Kinetic considers your picture, name, address, phone number, email address, and electrophysiology data as Personally Identifiable User Generated Data. For clarity, Personally Identifiable User Generated Data does not include anonymized or aggregated data. You own your Personally Identifiable User Generated Data, we can’t use it without your consent. You grant to Kinetic a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any media now existing or developed in the future only so far as required to deliver Kinetic Services and Products. You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.
iv. License Grant Non-Personally Identifiable User Generated Data
For the purposes of this EULA, “Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data. You grant to Kinetic a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any media now existing or developed in the future. You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for Kinetic to use such Non-Personally identifiable User Generated Content.
v. Intellectual Property
The Software is protected by copyright laws, international copyright, patents, trade secrets and other intellectual property rights. As between you and Kinetic, Kinetic retains all right, title, interest, ownership and intellectual property rights in and to the Software. The License confers no title or ownership in the Software and is not a sale of any rights in the Software. The License does not grant you any right to any enhancement or update to the Software. Kinetic reserves any and all rights not expressly granted to you. The Software may incorporate third party intellectual property or open sourcecode.
vi. Permitted Age
Kinetic Software and products are available for individuals aged 16 years or older (“Permitted Age”). If you are of the Permitted Age or older but under the age of 18, you should review this EULA with your parent or guardian to make sure that you and your parent or guardian understand it.
vii. For Information Purposes Only
Content generated or found through Kinetic Services, Software, or Products is for informational purposes only and is not intended to replace the relationship between you and your physician or other health-care provider. Kinetic is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.
viii. Physical Symptoms
In rare cases, people experience seizures or blackouts due to exposure to flashing lights and patterns created by the display of certain applications on mobile or other such similar devices used in conjunction with Kinetic software or products. If you have done so, or have experienced any nausea, involuntary movements, tingling, numbness, vision issues while using such devices in the past, you should consult with your doctor before using similar applications and should immediately cease all such use of such applications should the symptoms reoccur. In any event you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain and should closely monitor your children’s use of technology to avoid possible problems.
2. Termination
This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession or control. Kinetic may terminate this EULA immediately upon notice to you for any or no reason. The EULA will terminate immediately without notice from Kinetic if you fail to comply with any provision of this EULA (including breach for nonpayment, if applicable). Upon termination of this EULA, you agree to immediately uninstall the software and destroy all copies of the software.
3. Limited Warranties by Kinetic Neuroscience, LLC.
i. Statutory Protections
THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILTY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
ii. Limited Warranty
KINETIC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE SOFTWARE IS PROVIDED “AS IS” AND FF DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTYRIGHTS.
iii. Liability Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM FF’s GROSS NEGLIGENCE, FF, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO: (a) USE OF THE SOFTWARE; OR (b) THE INABILITY TO USE OR THE NON-PERFORMANCE OF THE SOFTWARE, IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF FF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KINETIC, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS AGREEMENT.
iv. Basis of the Bargain; Exclusions
The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and Kinetic. You understand and agree that Kinetic would not be able to economically or reasonably provide the Software to you without these limitations.
4. General
i. Governing Law
This EULA will be governed and construed in accordance with the laws of the United States of America, the State of North Carolina, and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of North Carolina. The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.
ii. Privacy Policy
You acknowledge and agree that you have read the Kinetic Privacy Policy located at kineticneuroscience.com/legal (or otherwise made available to you through Kinetic Support Services) and consent to the handling and processing of your data as described in the Kinetic Privacy Policy.
iii. English Language
This EULA is and will only be provided in the English language. The Software, user information, user interface, support and communication, are only provided in English. Do not use this Software or any Kinetic products unless you can fluently read and understand English. Further, do not install, download or use this Software unless you can fluently read and understand English. You acknowledge and represent that you have carefully reviewed this EULA and have sufficient understanding of the English language in order tofully understand the terms and conditions contained in this EULA and that you have no questions regarding the meaning or effect of any of this EULA’s terms.
iv. Changes to EULA
Kinetic may change the terms and conditions of this EULA and recommends that you review them on a regular basis. You can review the most current version of this EULA at: through the Kinetic Support Services. If Kinetic makes a change to the terms, it will post the revised version. You agree that your continued use of the Software after this EULA has been changed means that you have agreed to the changed terms.
v. Accounts and User Conduct
If Kinetic determines that any user is not using Kinetic Product, Software, or Services responsibly, Kinetic has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the Kinetic Prodict, Software, or Services. If Kinetic, in its sole discretion, believes that the user has engaged in or facilitated practices that: (i) are in breach of this EULA, (ii) are offensive, illegal or violate the rights of others or Kinetic, (iii) violate any terms of use or guidelines established by Kinetic, or (iv) could result in liability for Kinetic, then Kinetic has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of Kinetic Services, or delete information posted or stored to the Kinetic Services. In addition, Kinetic reserves the right to limit the number of accounts that may be created from Kinetic and the number of Kinetic associated with an account. If Kinetic suspects that any registration data provided is inaccurate or incomplete, Kinetic may suspend or terminate the account without notice.
vi. Entire Agreement; Amendment
This EULA is the entire agreement with respect to this Procuct and Software and supersedes any other agreements or discussions, oral or written.
vii. Interpretation
If any provision, clause or term of this EULA is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction. If any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the EULA for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party to this EULA will be binding on the waiving party unless it is expressly made in writing by the waiving party.
viii. Survival
The provisions of this EULA that under a commercially reasonable interpretation reveal that the parties would have such provisions survive the termination of this EULA, including without limitation, Sections 1.2, 1.3, 1.4, 1.5, 2, 3, 4.1, 4.6, 4.7 and 4.9 will survive the termination of this EULA.
ix. Other Terms
Android,” “Google,” “Google Play” and “Nexus” are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by Kinetic is under license. iPad, iPhone, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. Samsung, Galaxy S and Galaxy Tab are registered trademarks of Samsung Electronics Co., Ltd. Sony is a trademark or registered trademark of Sony Corporation. Xperia is a trademark or registered trademark of Sony Mobile Communications AB. LG is a registered trademark of LG Group and its related entities. Nook HD ®is a registered trademark of Fission LLC. All other trademarks and trade names are the property of their respective owners and other company and product names mentioned herein may be trademarks of their respective companies. “Made for iPod,” “Made for iPhone,” and “Made for iPad” mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance.
This EULA was last updated on September 1, 2026
Games and software downloads ordered on Kinetic app stores or downloaed to MacOS and PC are not returnable. For troubleshooting tips,m or if you placed an order and need help with next steps please contact support@kineticneuroscience.com.
If you have purchased a Kinetic hardware product and licensed the Kinetic Software directly through an official Kinetic on-line stores, you may return the product and software that was licensed to you for any reason, within thirty (30) days of the shipment date for such Headset, as indicated on the records of the Company. To return such product you must:
request from support@kineticneuroscience.com a Returned Merchandise Authorization form; obtain a valid RMA approval; return the Product, Software, Guide and all materials associated with such Product in the original packaging, when available, and in their original condition; pay a reconditioning and restocking fee, as set forth in the RMA approval; and ship the Prodcut and Software in accordance with the instructions contained within the RMA approval, and you are responsible for shipping fees, customs, duties, taxes and insurance associated with such return.
After the return has been processed, and confirmation made that all of the requirements set forth herein, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account you provided for the license, or by a check in your name.
Kinetic Product and Software purchased through merchants other than the Kinetic on-line store are covered by the merchant's return policy and are excluded from the provisions detailed herein. For warranty coverage on Kinetic Product and Software, including the applicable warranty periods and how to make a warranty claim, see the Warranty Agreement.
Date Last Updated: September1, 2026
KINETIC NEUROSCIENCE WARRANTY AGREEMENT, WHICH GOVERNS THE WARRANTY OF THE KINETIC SOFTWARE APPLICATION SUITE, WHICH CONSISTS OF: KINETIC TRAINING AND DATA ANALYSIS APPLICATIONS, AS APPLICABLE AND AS FURTHER DEFINED BELOW (“SOFTWARE”); AND
GUIDE AND DOCUMENTATION FOR THE SOFTWARE. AND CAN BE USED WITH THIRD PART HARDWARE,
WARRANTY TO YOU AS THE INDIVIDUAL OR LEGAL ENTITY THAT WILL BE USING THIRD PARTY HARDWARE WITH THYE KINETIC SOFTWARE APPLICATION SUITE (“YOU” AND “YOUR”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF ALL OF THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. THIS IS A LEGAL, BINDING AND ENFORCEABLE CONTRACT BETWEEN KINETIC AND YOU. REGISTRATION OF THE KINETIC SOFTWARE APPLICATION SUITE ACTIVATES THIS WARRANTY.
ALL KINETIC SOFTWARE IS PROVIDED “AS-IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. THIRD PARTY SOFTWARE AND HARDWARE USED WITH THE KINETIC SOFTWARE APPLICATION SUITE IS THE RESPONSIBILITY OF THE THIRD PARTY DEVELOPER.
You are solely responsible for Your use of the Hardware, Software and Documentation of the Kinetic Suite and any consequences arising therefrom. The Company’s maximum aggregate liability with respect to this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise shall be limited to the amount of the fee You paid for the Kinetic Suite. Returns of the Suite are governed by the Return Policy, including the thirty (30) day return window, the RMA procedure, refunds, and the treatment of products purchased through other merchants.
If you have procured durable harware directly through an official Kinetic Neuroscience on-line store, Kinetic warrants that:
the product that was provided to You in connection with the Suite will be free from defects in workmanship for a period of ninety (90) days from the shipment date for such product, as indicated on the records of the Company; and the product will be free from defects in workmanship for a period of three hundred sixty-five (365) days from the shipment date for such product, as indicated on the records of the Company.
Hardware purchased through merchants other than Kinetic’s on-line stores are covered by the merchant’s warranty and are excluded from the provisions detailed in herein.
To make a warranty claim, You must: complete the RMA request by contacting support@kineticneuroscience.com; fully cooperate with any questions or communications directed or sent to you by a Kinetic representative; obtain a valid RMA approval; and return the Hardware, Software, Guide, Documentation and all materials associated with such product in the original packaging, when practical, and in their original condition. You must ship the foregoing in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return. After the return has been processed, confirmation made that all of the requirements set forth in the RMA approval, and that the product is defective, then Kinetic, in its sole discretion, may either: repair the defective product; or replace the defective product with a new or refurbished unit. If the Product, Software, Guide, Documentation and all materials associated with such Headset are not returned in the original packaging and/or are not in their original condition, you may be charged a restoration and/or restocking fee, depending upon the condition of the return, which must be paid prior to You receiving the repaired or replacement product. The warranty coverage does not cover components that have failed due to normal wear and tear, by abuse or improper use of the product or the components therein, or other exclusions as determined by the Kinetic in good faith through its RMA process.
If you obtained the Suite other than directly through an official Kinetic on-line store, Kinetic is under no warranty or return obligation. You must obtain warranty and return coverage from the entity from which you obtained the Product and/or Suite. Your use of the Kinetic Suite and the Kinetic algorithms is “as-is,” and EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
In no event shall the company be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not the company had knowledge, that such damages might be incurred.
Date Last Updated: September 1, 2026
The Kinetic Neuroscience software applications are not regulated by the FDA as a medical device. It is intended to promote and encourage healthy lifestyle choices and education for wellness; it is not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. The Kinetic products are not a substitute for medical advice and care. If you have any questions or concerns about a medical condition, you are encouraged to consult your physician or other qualified health care provider for specific advice.
Date Last Updated: September 1, 2026