Learn about the rules and guidelines that govern your use of Propel. We've written them with clarity and fairness in mind, so you always know what to expect.
Effective Date: July 17, 2025
We understand that reading Terms of Service might not be the most exciting activity, but it's essential to clearly define what you can expect from Propel and Neuron Wizard Unipessoal Lda, and what we expect from you.
Please read these Terms carefully. This document is a legally binding contract between you and Neuron Wizard Unipessoal Lda. Your access to and use of Propel's services are expressly conditioned upon your acceptance of this Agreement. If you do not agree to these Terms, you will not be able to access or use Propel.
These Terms of Service help define Neuron Wizard's relationship with you as you interact with our services. For example, these Terms include the following topic headings:
- What We Expect From You: Establishes certain rules for using our services.
- Subscription and Billing Terms: Includes information on subscriptions, fees, and refunds.
- What You Can Expect From Us: Describes how we provide and develop our services.
- In Case of Problems or Disagreements: Outlines how these issues should be resolved, including the specific jurisdiction for disputes.
In addition to these Terms, we also publish our Privacy Policy. We strongly encourage you to read it to better understand how we collect, use, manage, and protect your information.
Understanding and accepting these Terms is crucial. By accessing or using Propel, you confirm that you have read, understood, and agree to be bound by them.
1.1. Please read these Terms of Service (or “Agreement”, “Terms” for short) carefully. This Agreement is a legally binding contract between you and Neuron Wizard Unipessoal Lda, registered under the number 517292556, with headquarters at Caminho do Quitadouro 17 R/C Traseiras, 9880-315 Santa Cruz da Graciosa, Portugal. Access to and use of Propel's products and services is expressly conditioned upon acceptance of this Agreement. If you do not agree to these Terms, you will not be able to access Propel or its products or services.
1.2. PLEASE CAREFULLY READ THE ARBITRATION CLAUSE IN SECTION 25 (DISPUTE RESOLUTION AND GOVERNING LAW) AND THE CLASS ACTION WAIVER IN SECTION 24 (CLASS ACTION WAIVER). THESE SECTIONS AFFECT HOW DISPUTES ARE RESOLVED BETWEEN YOU AND NEURON WIZARD.
NOTE: Depending on your location, you may have rights under applicable local laws that cannot be waived. Nothing in this Agreement limits any such rights under those laws.
1.3. By creating an account or accessing or using the Platform, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
1.4. In addition to these Terms, the following terms apply and form part of your contract with us: our Privacy Policy.
1.5. By accepting this Agreement, you affirm that you: (a) have read this Agreement and agree to abide by its terms and the other terms incorporated into it by reference; (b) have reviewed and consent to the Privacy Policy; and (c) agree not to use the respective service or content for any other purposes as described in these Terms.
2.1. We are Neuron Wizard Unipessoal Lda, a company incorporated in Portugal, registered under the number 517292556. So we will refer to ourselves throughout this Agreement as “Neuron Wizard”, “Company”, “we” or “us”.
2.2. The registered office of Neuron Wizard Unipessoal Lda is Caminho do Quitadouro 17 R/C Traseiras, 9880-315 Santa Cruz da Graciosa, Portugal.
3.1. These Terms apply to all use of the Propel mobile application, web application, and any other related access points (collectively, “the Platform”), and all related services, features, and content offered by Neuron Wizard.
4.1. You must be at least 13 years old to use the Platform and access Propel’s content.
4.2. For residents of the European Economic Area (EEA) and the United Kingdom, you must be at least 16 years old to use the Platform and access Propel's content.
4.3. We do not knowingly collect personal information from children under 13 (or 16 for EEA and United Kingdom residents).
4.4. We do not allow people to use the Platform and access Propel if they are younger than 13 (or 16 for European Economic Area and United Kingdom residents).
4.5. Some of the Platform functions may be limited for users that are younger than 18.
4.6. If you are aware of anyone that does not comply with these limitations, please contact us at support@neuronwizard.com, and we will take the necessary steps to delete or terminate their account.
5.1. THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER. THE PROPEL PLATFORM IS A COGNITIVE TRAINING TOOL AND IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION, OR SERVE AS A SUBSTITUTE FOR PROFESSIONAL THERAPY, COUNSELING, OR PSYCHOLOGICAL INTERVENTION. PROPEL DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
5.2. PROPEL IS DEVELOPED BASED ON GENERAL SCIENTIFIC RESEARCH IN THE FIELD OF COGNITIVE TRAINING. HOWEVER, NEURON WIZARD UNIPESSOAL LDA. CURRENTLY HAS NO SPECIFIC RESEARCH ON THE EFFICACY OF THE PROPEL PLATFORM ITSELF. INDIVIDUAL RESULTS FROM USING PROPEL MAY VARY AND ARE NOT GUARANTEED.
5.3. PLEASE CONSULT WITH A LICENSED PHYSICIAN, PSYCHOLOGIST, OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR EXPERIENCED IN CONNECTION WITH THE PLATFORM. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
5.4. WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS.
5.5. SOME TRANSLATIONS ON PROPEL’S PLATFORM OR WEBSITE MAY BE POWERED BY MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE. NEURON WIZARD DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.1. To use the Platform, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, birth date, and e-mail address. You may also input personal data such as ADHD diagnosis and other medical conditions.
6.2. All information provided during Account creation must be accurate. You will update that information promptly after it changes.
6.3. This information will be held and used in accordance with our Privacy Policy.
6.4. Neuron Wizard reserves the right to deny the creation of any Account or limit the availability to users under the age of 18 of certain content in the Platform, in its sole discretion.
7.1. Any content or data you submit through the Platform is governed by the Company’s Privacy Policy. You are solely responsible for your own communications and the consequences of providing information. As a condition of using the Platform, you agree not to use the Platform for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Platform and you shall abide by all local, national, and international laws and regulations and any applicable regulatory codes.
7.2. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
7.2.1. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Platform;
7.2.2. modify, reverse engineer, decompile or disassemble the Platform;
7.2.3. copy, adapt, alter, modify, translate, or create derivative works of the Platform;
7.2.4. permit other individuals to use the Platform, including but not limited to shared use via a network connection, except under the terms of this Agreement;
7.2.5. circumvent or disable any technological features or measures in the Platform for protection of intellectual property rights;
7.2.6. use the Platform in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
7.2.7. use or access the Platform to compile data in a manner that is used or usable by a competitive product or service;
7.2.8. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
7.2.9. use your Account to engage in any illegal conduct;
7.2.10. upload or transmit any communications that infringe or violate the rights of any party;
7.2.11. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement, and the Company’s Privacy Policy;
7.2.12. upload any material that contains software viruses or any other computer code, files or programs that are malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software, website or the Platform;
7.2.13. use data, content, or features from the Platform and the website to diagnose, treat, or mitigate any health conditions, or as a substitute for professional medical advice, diagnosis, or treatment.
Any such forbidden use shall immediately terminate your license to use the Platform. Neuron Wizard is granting you permission to use the Platform, but with the condition that you use it in accordance with the Agreement. If you violate these Terms by engaging in a forbidden use, the permission granted you to use the Platform will be revoked, and you will no longer be authorized to use it.
8.1. The software that supports the Platform may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
8.2. You represent and warrant that you are (1) not located in any country or region that is subject to government embargo, and (2) are not a denied party as specified in the regulations listed above.
8.3. You agree to comply with all export laws and regulations to ensure that neither the Platform nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Neuron Wizard under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
9.1. We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Platform for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Platform without prior express written permission from the Company which may be withheld for any or no reason. You further agree not to download, display or use any content on the Platform that is provided by the Company or its licensors located on the Platform for use in any publications, in public performances, on websites other than the Platform for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensor's property, or that otherwise infringes the Company or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by the Company or third-party content that appears on the Platform.
9.2. All rights, title, and interest in and to the Platform not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@neuronwizard.com.
9.3. To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the Platform, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Data (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the Platform, excluding User Data (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Platform and the Company’s Content are retained by us.
10.1. The Platform enables you to input personal data such as ADHD diagnosis, medical conditions, and log certain information into the Platform related to your cognitive training performance (“User Data”). You retain all rights to such User Data that you input or log in the Platform.
By providing your User Data to the Platform, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display (in aggregated, anonymized form for community comparisons), publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Data in connection with providing and operating the Platform and related services (e.g., for progress tracking, generating daily workouts based on past performance and preferences, and comparing your scores with the community), and/or for the Company’s promotional purposes (for example, by displaying aggregated, anonymized statistics on our website, within the Platform, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Data and/or your failure to comply with the terms described in this Agreement.
10.2. The Company reserves the right to review all User Data prior to submission to the Platform and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
10.3. Currently, Propel does not offer features for personal notes or community interaction (e.g., forums, direct messaging). Your User Data, including ADHD diagnosis and medical conditions, is used for personalized cognitive training and progress tracking within the Platform, and for aggregated, anonymized community comparisons.
11.1. Our goal is to help make certain cognitive training information and tools more readily available and useful to you. However, the Platform cannot and does not guarantee cognitive improvements or outcomes.
11.2. Your use of the Platform and any information, predictions, or suggestions provided in the Platform are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Platform and you agree and understand that the Platform is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
12.1. Subscriptions. We may offer you the opportunity to purchase subscriptions that provide access to certain content, products or services for a specified period of time ("Subscription(s)"). Subscriptions continue indefinitely. We charge you on-going fees automatically on a regular basis until cancelled. We explain the on-going fees, the billing frequency and how to cancel before you purchase.
12.2. Certain content, products or services included in a subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that aren't working out as planned. The features and content contained in the Platform may differ by country, language, relevant store, version or device.
By accessing Propel you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by Neuron Wizard regarding such functionality or features.
12.3. Third-Party Platform Operators. Propel Platform is available via third-party platform operators such as Apple App Store, and in the future, Google Play Store and Stripe. Therefore, when you make a purchase, you will enter into a separate contract with the respective third-party service provider providing your app store or payment gateway, whose terms and conditions will apply. Neuron Wizard Unipessoal Lda does not process your payments directly. Depending on the respective third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers.
12.4. Billing. You may purchase the subscription on a recurring basis disclosed to you prior to your purchase through a third party (Apple App Store, Google Play Store, Stripe in the future) by paying a subscription fee plus applicable taxes in advance.
12.5. Trial. Some of our subscriptions may include a trial period, where you can experience the application for a specified period at no cost or at a reduced price (“Trial”). Trials will automatically convert into ongoing paid subscriptions at the end of the trial period. To avoid being charged, you must cancel your subscription prior to the expiration of the trial period. Please review all applicable terms carefully before you sign up for Trial.
12.6. Price and Tax Changes. Neuron Wizard may from time to time make changes to subscriptions, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
If we discover an error in the price of items you have purchased, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your purchase will be automatically cancelled.
Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
12.7. Renewal. Your payment to the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.
12.8. Cancellation. You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your subscription through a third party (e.g., Apple App Store, Google Play Store, Stripe), you must contact them directly for information about billing, cancellation, and refunds, and to cancel your subscription.
12.9. Refunds. For subscriptions purchased via the Apple App Store, we are unable to provide refunds, as all transactions are handled directly by Apple according to their terms and conditions. For future subscriptions purchased via Google Play Store or Stripe, refund requests will be considered by Neuron Wizard on a case-by-case basis and granted in our sole discretion, without guarantee that a refund will be issued. Payment obligations are non-cancelable, and fees paid are generally non-refundable, with no credits for partially used Subscription periods.
12.10. Promotional Offers. From time to time you may have the opportunity to purchase a subscription in the form of a Promotional Offer. Promotional Offers may be for new users only and/or not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotional period, the subscription automatically continues at the then-current regular price (subject to change), unless cancelled, plus applicable taxes.
13.1. By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
14.1. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Platform passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Platform account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at support@neuronwizard.com.
14.2. You grant the Company and all other persons or entities involved in the operation of the Platform the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Platform. You further acknowledge and agree that the Platform and account are designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received arising from the using the Platform, and shall not be responsible for any losses arising out of the unauthorized use of your account or information resulting from you not following these rules.
15.1. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly Infringe copyrights or intellectual property rights of others.
15.2. If you are a copyright owner, or authorized on behalf of one, and you believe that any Content, materials or works uploaded, downloaded or appearing on the Service have been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- A description of the copyrighted work that you claim has been infringed;
- Identification of the allegedly infringing material on the Service, including URL or other specific location on the Service where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
16.1. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:
- post, upload, publish, submit or transmit any User Data or other content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
- access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service or use any device, software or routine that causes the same;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
- use the Service for illegal, harassing, unethical, or disruptive purposes;
- violate any applicable law or regulation in connection with your access to or use of the Service;
- access or use the Service in any way not expressly permitted by these Terms.
17.1. The Service and its Content (excluding User Data), features and functionality are and will remain the exclusive property of Neuron Wizard Unipessoal Lda. and its licensors. The Service is protected by copyright, trademark, and other laws of Portugal and foreign countries.
17.2. Our trademarks and trade dress, including "Propel" and "Neuron Wizard", may not be used in connection with any product or service without the prior written consent of Neuron Wizard Unipessoal Lda.
18.1. We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Neuron Wizard, and Neuron Wizard may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Neuron Wizard any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
19.1. Our Service may contain links to third-party websites, apps, or other products or services (“Third Party Services”). Our Service also integrates with the following third-party services: AppsFlyer, Facebook App Events, Firebase Analytics, Firebase Crashlytics, Mixpanel, PostHog, RevenueCat, Retool, SalesIQ (Zoho), Supabase, and Webflow.
19.2. Neuron Wizard has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Third Party Services. We do not warrant the offerings of any of these entities/individuals or their websites.
19.3. You acknowledge and agree that Neuron Wizard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
19.4. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or interact with.
19.5. You shall not link to our websites, Platform, content or services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
20.1. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
20.2. If you wish to terminate your account, you may do so through the account management page within the Platform. Upon requesting to delete your account, all User Data associated with your account will immediately become inaccessible. After 30 days, the User Data will be deleted from our servers and can no longer be recovered.
20.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.
21.1. You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.
22.1. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS PLATFORM.
22.2. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE PLATFORM OR FIFTY EUROS (€50) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.
22.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY THIRD PARTIES MENTIONED ON THE PLATFORM SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM. THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
23.1. The Company controls and operates the Platform from various locations and makes no representation that the Platform is appropriate or available for use in all locations. The Platform or certain features of it may not be available in your location or may vary across locations.
23.2. THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. SOME STATES, COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
24.1. NO CLASS OR REPRESENTATIVE ACTIONS OR PROCEEDINGS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
24.2. No Consolidation. You and the Company acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate in a consolidated proceeding.
25.1. Arbitration. Any dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of Neuron Wizard's services and/or products, including the Service, will be resolved by arbitration on an individual basis. You understand that by agreeing to these Terms, you and Neuron Wizard are each waiving the right to trial by jury or to participate in a class action or class arbitration. The arbitration shall be conducted in accordance with the rules of a recognized arbitration institution in Portugal, and the procedural law applicable to the conduct of the arbitration shall be the law of Portugal. Notwithstanding the foregoing, you and Neuron Wizard will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in "small claims" court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
25.2. Governing Law. To the fullest extent permitted pursuant to applicable law, this Agreement shall be governed by and construed in accordance with the laws of Portugal.
25.3. Exclusive Jurisdiction. Any dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of Neuron Wizard's services and/or products, including the Service, shall be exclusively resolved by the courts of Santa Cruz da Graciosa, Portugal. You and Neuron Wizard hereby irrevocably consent to the exclusive jurisdiction and venue of these courts for any such Claim.
25.4. Time Limitation. Any Dispute shall be time-barred unless the party asserting the Dispute commences formal dispute resolution proceedings within one (1) year after the basis for such Dispute became known or should have become known to the party asserting the Dispute.
26.1. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use any mobile application versions of the Service (the “Platform”). We do not guarantee that the Platform can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Platform will be available in any particular geographic location. As part of the Service, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the Platform ("Push Messages"). You acknowledge that, when you use the Platform, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Service or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Platform, including your receipt of push messages from Neuron Wizard. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Platform on your mobile device, including for your receipt of push messages from Neuron Wizard.
26.2. Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the Platform from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the Platform from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Neuron Wizard, not Apple, and that Apple has no responsibility for the Platform or content thereof. Your use of the Platform must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Platform to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Neuron Wizard acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (a) product liability claims, (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Neuron Wizard acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, Neuron Wizard, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the Platform. You and Neuron Wizard acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the Platform, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
27.1. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from this Platform by contacting the Company and providing the following information:
27.1.1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work.
27.1.2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
27.1.3. Your name, address, telephone number and (if available) e-mail address.
27.1.4. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
27.1.5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
27.1.6. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Platform who are repeat infringers.
28.1. We may modify this Agreement from time to time if we think it is necessary (e.g. for legal reasons or to reflect changes in the Platform, or website). If we materially change the Agreement, we will make the updated Agreement available online and make reasonable efforts to tell you about it (e.g. by sending you a notice).
28.2. Once we change the Agreement, it will become legally binding on you thirty (30) days after we post it online. During that period, you are welcome to contact us at support@neuronwizard.com if you have specific questions about the changes. If you do not agree to those changes (regardless of whether you email us), then unfortunately we need to ask you to cease using Propel Platform, and access the website. We are sorry we have to say that, but we hope you will appreciate that for Propel to work properly we need to have everyone using it under the same rules instead of different people having different rules. That is why we encourage you to get in contact if you have queries or concerns.
28.3. If you don’t agree to the new terms, you should stop using our services. Your continued use of the services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
28.4. Successors and Assigns. This agreement ensures the benefit of the parties, including any of our successors in interest. We have the right to assign our rights and obligations under this agreement to any affiliates or to any Neuron Wizard Entity.
28.5. Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
28.6. No Waiver. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
28.7. Upon termination of this Agreement, all provisions of this Agreement that by their nature, should survive termination, shall survive termination, including, without limitation, the provisions on dispute resolution, all ownership provisions, warranty disclaimers, and limitations of liability.
29.1. If you have any comments or questions on any part of the Platform or any part of these Terms of Use, require support, or have any claims, please contact us at support@neuronwizard.com.
29.2. When you contact us, we expect our staff to be polite and respectful. We expect the same of you. If you are rude to or abuse or threaten our staff we may restrict you to contacting us by email or refuse to support you any further. If your behavior suggests a risk to our staff, our community or our business we may suspend your account and escalate the matter to law enforcement.
Neuron Wizard Unipessoal Lda.
Caminho do Quitadouro 17, R/C Traseiras
9880-315 Santa Cruz da Graciosa, Portugal
