1. Acceptance of Ts & Cs^a

Sales of NeuroZip Products^b and other Publisher’s Products^c or Manufacturer’s Products^c
(together referred to as “Products”) by NeuroZip and the purchase and use of Products by
Customer^d are conditioned upon acceptance of these Ts & Cs. Customer agrees to these Ts & Cs
by order(s) for products, or by paying a NeuroZip Invoice. These Ts & Cs constitute the entire
agreement between NeuroZip and the Customer and supersede any purchase order terms
associated with a Purchase Order (P.O.) number on any order. If any provision of the Ts & Cs is
found to be illegal or unenforceable, the remaining provisions will be enforced. These Ts & Cs
may not be waived or modified except by prior written agreement.

2. Warranty

NeuroZip warrants that the NeuroZip Products published directly or under license by NeuroZip in
their standard form, will not infringe any valid, third-party patents or copyrights existing at the
time of publication. This warranty does not extend to any other Publisher’s Product or to any
infringement arising from the use of the NeuroZip Products in combination with any systems,
software, or equipment, supplied by a third party. If Customer promptly notifies NeuroZip of an
infringement claim concerning a NeuroZip Product and accords NeuroZip the right, at its sole
option and expense, to handle the defense of the infringement claim, NeuroZip will indemnify
and hold the Customer harmless from/against such infringement claim related solely to that
NeuroZip Product. NeuroZip may, in its sole discretion, furnish the Customer with a noninfringing
replacement product within sixty (60) days or repurchase the remaining unconsumed NeuroZip
Product. Except as stated herein, NeuroZip makes no other warranties, express or implied, with
respect to the products. All other warranties, including implied warranties of merchantability and
fitness for a particular purpose, are disclaimed.

3. Geographical Embargoes and Restrictions

Please note that, NeuroZip may restrict the sale of certain products within specific geographic
regions because of various contractual arrangements. If the Product(s) have been rightfully
obtained within the customer’s particular country, Customer warrants and represents that
neither the products nor any technical data received by the Customer from NeuroZip will be
exported outside its country, except as authorized.

4. Software License Delivery

The delivery of software licenses takes place exclusively by e-mail. Delivery usually takes place
within one day after full payment, but at the latest within five days.

5. Limitation of Liability and Limitation on Claims

In no event will NeuroZip be liable for any indirect, incidental, consequential, exemplary, or
special damages arising out of these T’s & C’s, purchase, or use of NeuroZip products or
services. Notwithstanding any other provision or agreement between customer
and NeuroZip, NeuroZip’s total liability to any party, arising out of these T’s & C’s, purchase, or use
of products, except as it relates to NeuroZip’s wilful misconduct, will not exceed the amount paid
by customer for the products or services.  

6. Copyright and Trade Secrets

NeuroZip Products are protected by various intellectual property laws, including trade secrets,
copyright and trademark. Printing or reproducing copyright-protected products, materials or
content, whether the reproductions are sold or furnished free for use, is strictly prohibited by law
and by these Ts & Cs.
Customer acknowledges and agrees that the use or disclosure of NeuroZip trade secrets or
confidential information may cause NeuroZip irreparable harm for which remedies other than
injunctive relief may be inadequate.

7. Indemnification

To the extent permitted by law, Customer agrees to hold harmless, indemnify and defend
NeuroZip from and against any and all claims, charges, demands, damages, liabilities, losses,
expenses, and liabilities of whatever nature and howsoever arising (including but not limited to
any legal or other professional fees and the costs of defending or prosecuting any claim and any
loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by
NeuroZip directly or indirectly by reason of any act or omission that the Customer commits in
breach of these Ts & Cs and the obligations and warranties contained therein.

8. Payment

If the Customer places an order through the Webshop, purchases an online service or registers
for training, payment must be made in the manner indicated on the Website. Payment for other
orders is made on the basis of an invoice sent. The customer agrees to receive an electronic
invoice. NeuroZip accepts payment by Credit cards (Visa, MasterCard, American Express, or
Discover) are accepted for online or phone orders only. Credit cards are not accepted with email,
fax, or mail orders in order to protect customer privacy. Prepayment is required for all new
accounts. Charges not paid when due are subject to a late charge accruing from the due date of
1‑1/2% per month or the maximum permitted by law, whichever is less. Customer is responsible
for any reasonable attorney or collection fees incurred by NeuroZip in collecting charges not paid
when due. Customer is responsible for all taxes and tariffs related to intercountry shipments.

8.1. Subscription Plans and Payments

Some software products distributed by NeuroZip are offered as a subscription plan.
NeuroZip offers individual plans, and the specific pricing terms applicable to your account may
vary depending on promotions, the type of device, the type of subscription and the term you
select at the time of purchase (e.g., yearly, two-year, three-year or five-year). In addition, our
subscription plans renew automatically, as described in more detail below.
If you have questions regarding your plan following your purchase, please refer to the
confirmation email sent to you after your purchase.
Subscription plans are billed in one payment for the term. This means, for example, that if you
purchase a yearly plan, you will be charged for the full year’s payment each year.; if you purchase
a two-year plan or five-year plan, you will be charged for the entire two-year term or five-year
term at one time. Please note that we may use a third-party payment processor to facilitate your
payments.
Subscriptions made online at NeuroZip.com, renew automatically using the payment details on
file for your account. If you purchase a subscription with automatic renewal, you acknowledge
and agree that we are authorized to use the payment information on file for the renewal fee. The
date that your subscription will automatically renew is provided in the payment confirmation
email sent after your initial purchase. You may cancel the automatic renewal at any time, but no
later than 1 day before this date, by e-mail to info@neurozip.com or by contacting our customer
service team. This will stop future subscription charges from accruing to your account.
By providing payment information to us, you agree that the payment information is valid and (1)
in your name or (2) in the name of an individual who has authorized you to use their payment
information for your subscription purchase.

9. Orders on hold

Please note that NeuroZip may place your order on hold for issues relating to credit, insufficient
customer information for processing the order or other issues that would restrict the sale of a
product. Our team is dedicated to clearing these issues as fast as possible so that you can receive
your order.

10. Modifications of Terms and Conditions

NeuroZip reserves the right to amend pricing and these Ts & Cs at any time without prior written
notice. NeuroZip, without any penalty or liability, reserves the right to publish or replace current
products with new, revised, or updated products at any time; and place any product “out of print”
or discontinue offering the product for purchase. The most current Ts & Cs will be posted at
NeuroZip’s Website.

11. Qualifications / Medical disclaimer

Customer agrees that it is Customer’s responsibility to use any Products in accordance with and
applicable professional guidelines. Customer understands and agrees that the Products are
intended to be used as tools in the overall treatment and/or rehabilitation process. Customer
understands and agrees that the Products are not intended to be used as tools to replace
Customer’s professional judgment.
NeuroZip is not responsible for any claims or damages incurred in connection with Customer’s or
any third party’s use or misuse of the Products. Customer agrees to guard against the improper
use of the Products in order to retain the right to purchase those Products.
To protect their security and value, Products may not be resold, re-licensed, transferred or
otherwise further distributed without prior written permission from NeuroZip.
Reselling on any online site or by any other method is strictly prohibited and will disqualify
Customer from future purchases of NeuroZip Products or services. Customer’s purchase of
NeuroZip Products does not grant Customer a right to reproduce additional copies of materials
or content or enter any content into a computer medium or software. Violation of these Ts & Cs
may result in the revocation of a Customer’s right to purchase as a qualified Customer.
NeuroZip is not an attempt to practice medicine or provide specific medical advice. Information
published on NeuroZip’s website is intended to improve, not replace, the relationship that exists
between a patient/website visitor and his/her Health Care Professional. This site may also
provide links to the web sites of other websites that provide health information that may be
written by their respective staff, physicians or health care providers, or contracted from outside
providers. These links to other web sites are provided for your convenience. NeuroZip is not
responsible for the availability, accuracy, or content of these outside sites, nor does it endorse
them.

12. Organizational accounts

NeuroZip’s website and business systems include both individual and organizational level
accounts. Users may purchase on behalf of themselves as an individual or be connected to one
or several organizations. Being linked to an organization account and making purchases on the
organization’s behalf requires that a user either work for or at the behest of that organization
and has prior authorization from the organization.

13. Definitions and Notes

a) “Ts & Cs” means NeuroZip Terms and Conditions of Sale and Use.
b) “NeuroZip Product(s)” means software or hardware instruments and/or materials (including
but not limited to software, administration and user reference materials, and services) offered by
NeuroZip.
c) “Other Publisher’s Product” means software or hardware instrument(s) and/or material(s)
(including but not limited to software, administration and user reference materials, and service)
not published by NeuroZip.
d) “Customer” means the purchaser and qualified User of a Product.

14. Product Specific License Agreements and Terms

In addition to the Ts and Cs herein, the following Product specific license Terms and Conditions
are incorporated into this agreement and apply only to the purchase and use of those specific
Products:
HeadApp by HelferApp GmbH (Terms of Service)
HeadApp by Helfer App GmbH (Data Privacy Policy)
Terms and conditions also includes these additional Privacy Policy Statement.

15. General

(a) Severability and Waiver. If any part of the Ts & Cs is held invalid or unenforceable, the
remaining provisions of the TS & CS will remain in full effect and an enforceable term will be
substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce
any term or condition in the TS & CS is not a waiver of its right to do so later.
(b) Any supplementary agreement requires the written form.
(c) The place of jurisdiction shall be Magdeburg /Germany.
(d) The individual pages of the NeuroZip Web Site are operated and administered by NeuroZip
and/or its affiliates. The pages comply with the law applicable in the country where the
responsible company has its business residence.
(e) These Terms and Conditions of Sale shall be governed by – and all disputes relating to or in
connection with these Terms and Conditions of Sale or their subject matter shall be resolved in
accordance with – the laws of Germany, to the exclusion of its conflict of laws rules. The
application of the United Nations Convention on Contracts for the International Sales of Goods
(CISG) of 11 April 1980 is excluded.

NeuroZip
Ferry Tomaszyk
Käferweg 4
39120 Magdeburg
Germany

Terms and Conditions of Sale and Use of NeuroZip Products are last updated: April 2, 2022