This is an agreement between you and Rewire Neuroscience, LLC (with its affiliates, "Rewire" or "we"). Before using Degrees of Freedom (referred to below as "DoF"), please read these DoF Terms of Use, including the Rewire Privacy Notice, the Rewire Conditions of Use, and the other applicable rules, policies, and terms posted on the RewireNeuro.com website, provided with DoF Enabled Products (collectively, this "Agreement"). By using DoF, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use DoF.
For the purpose of these DoF Terms of Use:
"DoF" means Rewire's Degrees of Freedom remote data logging services, which includes Third Party Services, digital content, Software, the Rewire App, and support and other related services.
"DoF App" means the app or website provided by Rewire that provides access to DoF, DoF's settings, DoF-related content, and other information.
"DoF Enabled Product" means any product or application that enables access to DoF, such as my.rewireneuro.com and the DoF App.
"DoF Interactions" means all information related to your use of DoF and DoF Enabled Products, including your logged data, location, and other inputs, responses provided to you through DoF, information we receive in connection with Third Party Services and Auxiliary Products you use, and information and content you provide or receive through the DoF App.
"Auxiliary Product" means any product you can interact with or operate using an DoF Enabled Product, including DoF Gadgets and smart home devices such as lights, switches, and thermostats.
"Software" means all software that we make available to you for use in connection with DoF.
"Third Party Service" means any service or application provided by a third party that we make available to you for use on or through DoF.
1. DoF
1.1. DoF. An DoF Enabled Product and internet connection are required to access and use DoF. Some DoF services may not be available in all areas or on all DoF Enabled Products and may require separate subscriptions.
1.2 Use of the Software. You may use the Software only on or through an DoF Enabled Product or Auxiliary Product, and you may only make personal and non-commercial use of DoF. For additional terms that apply to the Software, see the software terms contained in the RewireNeuro.com Conditions of Use and the terms contained in the Legal & Compliance section in the Help menu of RewireNeuro.com.
1.3 DoF Interactions. You control DoF through your browser and the my.rewireneuro.com. DoF sends data to the cloud when you use with DoF. Rewire processes and retains your DoF Interactions, such as your logged temperature, light, humidity, or other logged data, location, WiFi credentials, Third-Party equipment details, name, email address, phone number, organization, and your interactions with DoF and the my.rewireneuro.com website, in the cloud to provide, personalize, and improve our services.
2. Third Party Services; Third Party Products.
2.1 Third Party Services. If you use a Third Party Service, we may exchange related information with that service, such as your contact information, when you ask for information about your Auxiliary Products, or the content of your requests. Your use of any Third Party Service is subject to this Agreement and any third party terms applicable to such Third Party Service. Certain of these third party terms can be found in the Legal Notices section of my.rewireneuro.com, and may be updated from time to time. If you do not accept the third party terms applicable to a Third Party Service, do not use that Third Party Service. When using a Third Party Service, you are responsible for any information you provide to the third party. Rewire has no responsibility or liability for Third Party Services. Publishers of Third Party Services may change or discontinue the functionality or features of their Third Party Service.
2.2 Third Party Products. DoF Enabled Products and Auxiliary Products include third party products that Rewire does not manufacture or develop. Rewire may automatically update the firmware for certain Auxiliary Products on behalf of the applicable manufacturer. Rewire has no responsibility or liability for such third party products or manufacturer-provided firmware.
3. General
3.1 Information. The Software will provide Rewire with information about your use of DoF, your DoF Interactions, and your DoF Enabled Products and Auxiliary Products (such as device type, name, features, status, network connectivity, and location). This information may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Rewire.com Privacy Notice.
3.2 Functionality; Content. We do not guarantee that DoF or its functionality or content (including temperature, light intensity, humidity, noise intensity, moisture content, content level, location, speed, altitude, heading, or other data logged by DoF) is accurate, reliable, always available, or complete. You may encounter content through DoF that you find offensive, indecent, or objectionable. Rewire has no responsibility or liability for such content.
3.3 Changes to DoF; Amendments. We may change, suspend, or discontinue DoF, or any part of it, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the RewireNeuro.com website. Your continued use of DoF after the effective date of the revised Agreement constitutes your acceptance of the terms.
3.4 Geographic Restrictions. DoF is operated in the United States. We may restrict access to DoF from other locations.
3.5 Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, Rewire may immediately revoke your access to DoF without refund of any fees. Rewire's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
3.6 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or DoF is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the RewireNeuro.com Conditions of Use . By using DoF, you agree to be bound by those terms.
3.7 Indemnification . You will defend, indemnify, and hold harmless Rewire, our licensors, and our and their respective employees, officers, directors, contractors, and assigns against all claims, damages, losses, liabilities, and expenses arising out of or relating to any claim concerning: (i) your use of the Rewire DoF Device or Other Services, (ii) your breach of any provision of this Agreement, or (iii)Your Products (individually, a "Claim" and collectively, the "Claims"). You will not consent to the entry of any judgment or settle any Claims without our prior written consent. You will use counsel reasonably satisfactory to us to defend any Claims. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations).
3.8 Disclaimer of Warranties and Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the RewireNeuro.com Conditions of Use, and unless otherwise required by applicable law, in no event will our or our licensors' or our service providers' aggregate liability with respect to any claim arising from or relating to this Agreement or your use of DoF exceed fifty dollars ($50).
3.9 Contact Information. For help with DoF or resolving other issues, please contact Customer Service by e-mail: us@rewireneuro.com or by phone at (503) 567-8451.
4. DoF Calling and Messaging Schedule
Rewire Neuroscience LLC ("Rewire") may offer you certain DoF-related communication services, such as the ability to receive messages and emails. This schedule is part of the DoF Terms of Use and you agree to these terms when you register for or use DoF. Rewire and its affiliates may offer services other than DoF Calling and Messaging, which are not covered by this schedule and may be subject to other terms.
4.1 General. Your messages, communications requests, and related interactions are "DoF Interactions," as described in the DoF Terms of Use. Rewire processes and retains your DoF Interactions and related information in the cloud in order to respond to your requests to provide additional functionality, and to improve our services. We also store your messages in the cloud so that they're available on your DoF App and select DoF Enabled Products. Certain DoF Calling and Messaging services are provided by our third party service providers, and we may provide them with information, such as telephone numbers, to provide those services. DoF Calling and Messaging is only available on select DoF Enabled Products, and features may vary.
4.2 Registration. You provide your phone number when registering for DoF services. Rewire will verify this number by sending you an SMS message (carrier charges may apply). Other users who know your contact details will be able to contact you using DoF Calling and Messaging. Your registration name and contact details may be used to identify you to other users, such as when you are affiliated with a common organization or send a message to a recipient who does not already have your contact details. Your phone number also may be displayed as a caller ID on your outbound calls to phone numbers.
4.3 Fees. Rewire does not currently charge fees for DoF Calling and Messaging, but reserves the right to place limitations on use of certain services or features, including subscription or other fees. You and/or the recipient of your calls or messages may be required to pay carrier fees for data usage. Rewire has no responsibility for such fees.
5. Warranty
DoF warranty information can be found at the RewireNeuro.com Conditions of Use
5.1 Exclusion of Consequential Damages. IN NO EVENT SHALL THE SELLER BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR BUSINESS, OF ANY KIND WHATSOEVER. The purchaser is responsible for determining whether The Rewire Degrees of Freedom temperature gauge satisfies the purchaser's requirements. Furthermore, the purchaser is responsible for assigning personnel who will receive temperature alerts and react to them in a timely and appropriate manner. The purchaser's personnel are responsible for verifying that gauges are setup up and configured properly.
This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.