Last updated: December 20th, 2022
Welcome to the website, application and/or proprietary emotional regulation software platform operated by Neuromotion Inc. d/b/a Mightier (“Neuromotion,” “we,” “us,” or “our”) that operates in connection with the Neuromotion heartrate monitor (collectively, the “Service”), made available to our registered users. The Service enables registered users (“Users,” “you” or “your”) to create an account, connect with other users, and work with us in assisting your child to learn emotional regulation.
Neuromotion may modify the Terms from time to time and each modification will be effective when it is posted on the Service. We will notify you of substantive modifications to these Terms the first time you access the Service following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Service.
NEUROMOTION IS NOT A LICENSED MENTAL HEALTH CARE PROVIDER. The Service is not intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. Do not use this Service as a replacement for medical advice, diagnosis or treatment from a qualified health care professional.
The Service is a platform for parents to use with their primary, elementary and high school aged students. Accordingly, we are subject to the Children’s Online Privacy and Protection Act (“COPPA”), which among other things requires that we obtain verifiable parental consent before we collect personally identifiable information online from children who are under 13. We only collect personal information through the Services from a child under 13 where that student’s parent or authorized legal guardian teacher has agreed (via the terms described in the following paragraph) that their child may use the specifically tailored, age-appropriate games and other apps available through the Service, through which we may from time to time collect personal information such as IP address, heartrate and other usage information. If you are a student under 13, please do not send any personal information about yourself to us if your parent or guardian has not expressly consented, and please do not send any personal information other than what we request from you in connection with the Services. If we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at [email protected].
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf, as we described earlier). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your institution), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.
Creating an Account
You are responsible for ensuring that any personal information you provide is accurate and up to date. Neuromotion reserves the right to verify the accuracy of the information you provide at any time. You are responsible for creating a username and a secure password and protecting your Account from unauthorized access. You agree to notify Neuromotion immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You will be held responsible for any activity that occurs under your Account.
Guidelines, Fees, Rights and Remedies
Permitted Use of the Service
Creating an Account is free. However, Neuromotion may charge for certain features of the Service. Should you elect to purchase or subscribe to such features, as applicable, you agree to pay all applicable fees in connection with such features. Neuromotion cannot be responsible for the performance of its payment processor, whose has its own separate terms and conditions.
You are responsible for any fees charged by your internet service provider or mobile carrier for using the Service, including, but not limited to data transfer fees.
You will be held solely responsible for your conduct on and use of the Service. You agree that you will not (and may not allow your child or any third party to) use or attempt to use this Service for any purpose other than as described herein; you may not (and may not allow your child or any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:
- that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
- that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
- that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,
- that transmits any harmful or disabling computer codes, files, programs or viruses,
- that harvests e-mail addresses or personally identifiable information from Neuromotion,
- that interferes with our network services or the proper working of the Service or activities conducted on the Service,
- that uses manual or automated software or other processes to “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any page of the Service,
- that attempts to gain unauthorized access to our Service including bypassing measured we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),
- that suggests an express or implied affiliation with Neuromotion (without the express written permission of Neuromotion) or that impersonates any person or entity including an employee or representative of Neuromotion,
- that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.
Neuromotion reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your or your child’s access to and use of this Service.
Prices and availability of the Services are subject to change without notice. The price charged for Mightier’s Services is the price in effect at the time you place your order and will be set out in your order confirmation email. Posted prices do not include taxes, tariffs, levies, duties, or charges for shipping and handling. You agree that you are responsible for all charges incurred in connection with any purchase of our Services, including, without limitation, all taxes, tariffs, levies, duties, shipping, handling and processing charges or other fees.
Terms of payment are within our sole discretion and payment must be received by Mightier before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Intellectual Property Rights
We or our licensors own and retain all proprietary rights in the Service. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Neuromotion, unless it is in the public domain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Neuromotion without express written consent. You may not use any meta tags or any other “hidden text” utilizing Neuromotion’ name or trademarks without the express written consent of Neuromotion. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of Neuromotion or third parties, and any unauthorized use terminates the permission to use the Service granted by Neuromotion.
All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Neuromotion or its content/software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Neuromotion and protected by U.S. and international copyright laws. All software used on this site is the property of Neuromotion or its software suppliers and protected by United States and international copyright laws.
Linking to Third Party Websites
For your convenience, the Service may provide links to products or services, including payment processing services offered on other websites or applications. Unless expressly stated otherwise, Neuromotion does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Service may provide a link. By using the Service you acknowledge and agree that Neuromotion will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.
You agree to indemnify and hold Neuromotion, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
Disclaimer & Limitation of Liability
AS NOTED ABOVE, NEUROMOTION IS NOT A LICENSED MENTAL HEALTH CARE PROVIDER AND THE SERVICE SHOULD NOT BE USED AS A REPLACEMENT FOR QUALIFIED MENTAL HEALTH OR OTHER MEDICAL CARE. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS NEUROMOTION MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. NEUROMOTION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE. FOR AVOIDANCE OF DOUBT, THE DISCLAIMERS SET FORTH HEREIN DO NOT LIMIT ANY COVENANT, REPRESENTATION OR WARRANTY MADE BY NEUROMOTION IN THIS AGREEMENT. SEE THE HEARTRATE MONITOR PROVIDER’S WEBSITE FOR PRODUCT WARRANTY INFORMATION SPECIFIC TO THE HEARTRATE MONITOR.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL NEUROMOTION BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF NEUROMOTION TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $500.00.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Neuromotion may terminate or suspend your access to all or part of the Service, for any reason, including without limitation your breach of these Terms. In the event these Terms are terminated, the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.
Jurisdiction & Severability
Neuromotion operates the Service from its offices within the United States. The Services are designed for Users within the United States, and Neuromotion makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.
These Terms are not assignable, transferable, or sublicensable by you except with Neuromotion’s prior written consent. Neuromotion may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
These Terms will be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of laws provisions. Any action brought against Neuromotion to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of The Commonwealth of Massachusetts. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.