Terms of and Conditions of Use

Last Updated: February 11, 2026

1. Agreement to Terms

These Terms and Conditions of Use ("Terms") govern your use of the NeuroGeneces™ website located at https://neurogeneces.com or any successor website (the "Website"), the NeuroInsight™ system, the NeuroGeneces mobile application (the "App"), the NeuroGeneces web application (the “Web App”), and any other related services provided by NeuroGeneces, Inc. (each, a “Service” and collectively, the “Services”). NeuroGeneces, Inc. may be referred to in these Terms as "NeuroGeneces," "we," "us," or "our."

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, or later decide you no longer agree with these terms, you may not access or use the Services.

2. Description of Services

2.1 NeuroInsight System

The NeuroInsight system is a wellness product that includes a NeuroInsight EEG device that is worn on the forehead during sleep (the “Device”). The collected EEG data is analyzed and used to generate a personalized NeuroInsight brain age report (the “Report”) that is delivered to you and your healthcare provider. The Report identifies modifiable factors that impact your brain age, and suggests specific actions that you can take to enhance your brain age.

2.2 Wellness Product Disclaimer

NEUROINSIGHT IS NOT A MEDICAL DEVICE. It is a wellness and fitness product designed to collect and record EEG, sleep, and other physiological data for review by a qualified healthcare professional. The App, Web App, Device and Report are not FDA-cleared medical devices. They should not be used as a substitute for professional medical advice, diagnosis, or treatment.

NeuroGeneces does not provide medical advice, interpretations, diagnoses, or treatment recommendations. All data interpretation and health recommendations must come from your licensed healthcare provider.

By using the Services, you acknowledge and agree that: this product is for data collection only; you will seek professional medical interpretation of any recorded data; and you will not use this product for self-diagnosis or treatment decisions.

2.3 Healthcare Provider Requirement

Currently, due to high demand, our Services require authorization from a licensed healthcare provider. You must have a valid referral code from your healthcare provider to access the Website and App, create an account, and purchase our products. If you do not have a referral code from a healthcare provider you can add your name to our waitlist on the Website for access to the Services.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years of age to use our Services.

3.2 Geographic Restrictions

The Services are currently available only in the United States. We make no representation that our Services are appropriate or available for use in other locations.

3.3 Account Creation and Authentication

To create an account, you must provide a valid email address and agree to these Terms and our Privacy Policy {link}.

Account authentication is performed via one-time password (OTP) sent to your registered email address. You may optionally provide an SMS phone number for OTP authentication as an alternative to email.

If you choose to use SMS for OTP authentication, you must explicitly opt-in and consent to receive SMS messages during the account creation process. Standard messaging rates may apply. You may opt out of SMS authentication at any time by updating your account settings.

3.4 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, we may terminate your use of the Services.

3.5 Account Security

You are responsible for maintaining the confidentiality and security of your account and for all activities that occur under your account and through your account credentials. You agree to notify us immediately of any unauthorized use of your account.

You agree that all information you provide to register with the Services or through the use of the Services is governed by our Privacy Policy. Your continued use of the Services constitutes your consent to our processing, using, collecting or sharing your information as detailed in these Terms and our Privacy Policy.

3.6 Referral Codes

  • Referral codes are provided by licensed healthcare providers
  • Codes are non-transferable and should not be shared
  • Unauthorized use or sharing of referral codes may result in termination of the Services
  • Each code is intended for single customer use unless otherwise specified by the healthcare provider

4. Purchase Terms

4.1 Product Purchase

  • NeuroInsight is available for purchase through our Website and Web App

  • A valid referral code from a healthcare provider is required to access the purchase portal

  • Payment must be completed in full before product shipment

  • All prices are in US dollars

    4.2 What's Included

    Your purchase includes:

  • Temporary lease of the Device

  • Access to the App and the Web App

  • Data analysis and Report generation

  • Delivery of the Report to you and your healthcare provider

  • Prepaid return shipping label and packaging
    Any follow-up visit with your healthcare provider is a separate service provided by your provider and is not included in the NeuroInsight fee.

    4.3 Device Lease Terms

  • The Device remains the property of NeuroGeneces

  • You are leasing the Device for temporary use only

  • The Device must be returned and received by NeuroGeneces within 60 days of delivery

  • A security deposit may be required as specified at the time of purchase and will be refunded upon timely return of the Device in acceptable condition

    4.4 Device Care and Return

  • You agree to use reasonable care in handling the Device

  • Do not attempt to disassemble, modify, or reverse engineer the Device

  • The Device must be returned in the provided packaging using the prepaid label

  • Failure to return the Device within 60 days of delivery will result in forfeiture of security deposit and/or additional charges

  • Lost, damaged, or unusable Devices will result in forfeiture of security deposit and/or charges for repair or replacement costs

    4.5 Shipping

    NeuroGeneces pays for initial shipping of the Device to you and provides a prepaid return shipping label. If the Device arrives damaged or defective, please contact us immediately at support@neurogeneces.com {link} for a replacement.

5. Refund Policy

5.1 Before Device Shipment

Orders may be cancelled for a full refund if the Device has not yet been shipped.

5.2 Unopened Returns

Unopened Devices may be returned within 14 days of delivery for a refund minus shipping costs.

5.3 Technical Issues

If technical problems prevent successful data recording or Report generation, we will provide a full refund.

5.4 After Report Delivery

No refunds are available once the Report has been delivered to you and/or your healthcare provider.

5.5 Satisfaction

Satisfaction with Report results is not grounds for refund once the service has been completed and delivered.

6. Use of Services

6.1 Grant of a Limited License and Acceptable Use

Subject to your complying with these Terms, NeuroGeneces grants you a personal, non-exclusive, non-assignable, non-transferable license (without the right to sublicense) to access and use the Services for your personal and non-commercial use only. You may not use the Services for any other purpose. As a condition to the license granted herein, you will not (and will not permit any other party to):

  • Modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services

  • Duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

  • Share or misuse the referral codes

  • Use, reproduce or remove any copyright, trademarks, trade names, slogans, logos, images, services marks or other proprietary notations displayed on or through the Services

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services

  • Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services

  • Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information from or through the Services, or any manual process to do the same

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which are malicious or harmful

  • Use the Services for any unauthorized medical purposes

  • Use the Services for any illegal, harassing, unethical, or disruptive purpose;

  • Violate any applicable law or regulation in connection with your use of the Services

  • Use the Services in any way not expressly permitted by these Terms

    6.2 Technical Requirements

    To use our Services, you must have:

  • A compatible smartphone or device with Bluetooth Low Energy (BLE) capability to connect to the Device

  • An active internet connection to upload recording data and sync with our servers

    The Services may only be used with the NeuroInsight Device that is manufactured, distributed or sold by us or on our behalf. The Services, including our App, will not function properly with any device that is not our NeuroInsight Device.

    6.3 Recording Requirements

  • A minimum of 4 valid recordings is required for Report generation

  • Recordings should be completed during normal sleep periods over approximately 2 weeks

  • Use the App to start and stop data collection each night

  • Follow all instructions provided by your healthcare provider and within the App

    6.4 Data Quality

    You acknowledge that Report quality depends on following recording instructions and that poor quality recordings may affect results.

7. Data Collection, Ownership, and Use

7.1 NeuroGeneces Privacy Policy

For complete details on our data collection, use, sharing, and security practices, please see our Privacy Policy. {create link}

7.2 Information We Collect

In connection with providing our Services, we collect:

  • Account information including your name, email address, and optionally your SMS phone number

  • Physiological data from the Device, including EEG (brain activity) and accelerometer data (movement, head position)

  • Survey responses regarding your age, gender, medical/disease history, and health and wellness habits

  • Support ticket submissions, which may include images you choose to attach

    7.3 How We Use Your Data

    All collected data is stored securely in AWS and is used to:

  • Generate your Report and personalized analysis

  • Improve our analysis and reporting to provide tailored insights

  • Improve our Services and develop new features

    7.4 Data Sharing

    We do not sell or share any user data. The only information shared with your referring healthcare provider is the final Report.

    7.5 Data Ownership

    All physiological data recorded using our Services remains the property of NeuroGeneces.

    7.6 Feedback

    Should you provide input and feedback regarding the Services, your experience, or NeuroGeneces, that input and feedback will become our property and you assign to us all rights in the same. We may use that information for our business or other purposes (including continuing to improve the Services) without providing any compensation or other consideration.

    7.7 Your Rights

    You may request copies of your raw data or request deletion of your data at any time in accordance with our Privacy Policy. Please note that requesting account or data deletion before completing your recordings and receiving your Report will void the Services. You will still be required to return the Device and may forfeit any applicable refund.

    7.8 Our Rights

    We may use anonymized and aggregated data for:

  • Product improvement

  • Scientific research

  • Publication of general findings

  • Development of new features and services

  • Training and improving our algorithms and analysis models

8. Support Services

8.1 Customer Support

We provide customer support via email at support@neurogeneces.com and through an in-App support ticket feature. When submitting a support ticket, you may optionally attach images to help describe your issue. By attaching images, you grant us permission to access and view those images solely for the purpose of resolving your support request. Response times may vary and typically range from 3-5 business days.

8.2 No Guaranteed Response Time

We do not guarantee specific response times for support inquiries.

9. Alerts and Notifications

As part of your use of the Services, you may receive notifications, text messages, alerts, or emails, and you consent to receiving these types of communications. You can opt out of any marketing related communications through your account settings or through “unsubscribe” links provided by us. These communications may be subject to messaging or data fees from your wireless carrier or service provider and you are responsible for any such fees.

10. Intellectual Property Rights

10.1 NeuroGeneces Property

All content, features, and functionality of our Services, including but not limited to software, algorithms, designs, data processing methods, copyrights, patents, trademarks, and trade secrets are owned by NeuroGeneces and protected by intellectual property laws. Other than the limited license granted in these Terms, neither you nor any third party shall obtain any right, title or interest in or to such intellectual property rights by virtue of the use of the Services. We reserve all rights not granted in these Terms, and specifically the exclusive right to create derivative works therefrom.

10.2 Enforcement

We will pursue all available legal remedies against any unauthorized use of our intellectual property.

10.3 Notice of Infringement and DMCA Policy

If you (or anyone else) believes that any portion of the Services is infringing their copyright, they may submit a notification to our agent in accordance with the Digital Millennium Copyright Act (the “DMCA”). Any notice must include:

  • Identification of the copyrighted work that is claimed to be infringed;
  • Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located in the Services;
  • Information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
  • A statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
  • A statement that the information provided is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
    If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. If you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
    Notices of copyright infringement claims should be sent by mail to: NeuroGeneces Inc., attn: Intellectual Property Agent, 1012 Marquez Pl. Unit 207A, Santa Fe, NM 87501 or by email to support@neurugeneces.com. We will respond expeditiously to claims of copyright infringement using the Services that are reported to our agent in the notification explained above.

11. Healthcare Provider Portal

11.1 Provider Access

Your healthcare provider may access a separate portal to:

  • View your Report

  • Manage referral codes

  • Track your progress

  • Access administrative tools

    11.2 Provider Relationship

    Your relationship with your healthcare provider is separate from your relationship with NeuroGeneces. We are not responsible for:

  • Scheduling or payment for a follow up visit with your provider

  • Medical advice or recommendations from your provider

  • Your provider's interpretation of the Report

  • The quality of healthcare services you receive

12. Disclaimers

12.1 No Medical Advice

NEUROGENECES DOES NOT PROVIDE MEDICAL ADVICE, INTERPRETATIONS, DIAGNOSES, OR TREATMENT RECOMMENDATIONS. All medical interpretation, diagnosis, and treatment recommendations must come from qualified healthcare providers. The data and reports generated by our services are intended solely for review and interpretation by licensed healthcare professionals.

12.2 Not a Medical Device

THE NEUROINSIGHT DEVICE AND ASSOCIATED SOFTWARE ARE NOT FDA-CLEARED MEDICAL DEVICES. They are wellness and fitness products designed for data collection only. They should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

12.3 Emergency Situations

Our services are not intended for emergency medical situations. If you have a medical emergency, call 911 or seek immediate medical attention.

12.4 Service Availability

We do not guarantee uninterrupted or error-free availability of the Services. Services may be temporarily unavailable for maintenance or other reasons.

12.5 Report Timing

While we strive to generate Reports promptly, we do not guarantee specific delivery timeframes.

13. Limitation of Liability

13.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.

13.2 Limitation of Damages

IN NO EVENT SHALL ELEMIND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THESE TERMS, THE SERVICES, USE OF THE SERVICES, OR THE DELAY OR INABILITY TO USE THE SERVICES , REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF WE WERE WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

13.3 Maximum Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

13.4 Equitable Remedies

If you breach these Terms, you agree that we would be irreparably damaged. We may therefore be entitled, without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to breaches of these Terms in addition to such other remedies as we may otherwise have available to us under applicable laws.

14. Indemnification

You agree to indemnify, defend, and hold harmless NeuroGeneces and its officers, directors, employees, and agents from any liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys’ fees) in connection with any claims, causes of action or demands against NeuroGeneces arising out of or related to:

  • Your access to or use of our Services
  • Your breach of these Terms
  • Your violation of any applicable laws
  • Your violation of any third-party rights
  • Your misuse of referral codes or other act of fraud or dishonesty in connection with your use of the Services

We may assume control of the defense of any third-party claim that is subject to this indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15. Dispute Resolution

15.1 Governing Law

Unless expressly stated otherwise, these Terms shall be governed by the laws of the State of New Mexico, without regard to conflict of law principles.

15.2 Informal Dispute Resolution

You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

15.3 Arbitration

Under these Terms, if this informal process in unsuccessful, you agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by confidential binding arbitration administered by Judicial Arbitration and Mediation Services (JAMS) in Santa Fe, New Mexico, or another forum mutually agreed upon by you and us. The arbitration will be conducted according to the JAMS Expedited Procedures for arbitration by a single arbitrator nominated jointly by you and us. If JAMS is not hearing consumer commercial disputes at the time, we may select another arbitral body at our sole discretion. The arbitrator‘s award will be binding and may be entered as a judgment in a court of competent jurisdiction.

15.4 Class Action Waiver

Any claim under these Terms or related to the Services must be brought in the respective party’s individual capacity, and not as a participant or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You waive any ability to maintain any Class Action in any forum. If the claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this Class Action waiver is found to be unenforceable, then the entirety of the arbitration clause, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

15.5 Exceptions

The arbitration clause above shall not preclude us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property, or access to or use of the Services that is unauthorized or exceeds authorization granted in these Terms. The arbitration clause does not bar you from making use of applicable small claims court procedures in appropriate cases.

Any dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the state courts of New Mexico or the United States District Court for the District of New Mexico, and you hereby agree to submit to the personal jurisdiction of that court.

If for any reason a claim proceeds in court rather than in arbitration, you and NeuroGeneces each waive any right to a jury trial.

16. Third Party Sites

The Services may provide links to other websites, apps or resources owned, offered, or controlled by third parties (“Third Party Sites”). These Third-Party Sites are provided for your convenience only and are not controlled, sponsored, or endorsed by NeuroGeneces. We are not responsible for the information, advertising, products, resources or other material of any Third-Party Site, or any link contained in a Third-Party Site. We cannot and do not guarantee the continued availability of any Third-Party Site. Your use of any such Third-Party Site is entirely at your own risk and we shall not have any liability to you or any other person or entity for your use or access to any such Third-Party Site.

17. App Stores

The following terms and conditions apply to you if you downloaded our App from any third party app store (each, an “App Store” and collectively, “App Stores”). To the extent the App Store’s terms and conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section apply, but solely with respect to use of our App downloaded from an App Store.

You acknowledge and agree that these Terms are solely between you and NeuroGeneces, not any entity providing an App Store, and that no App Store has any responsibility for the App or its content. Your use of the App must comply with the App Store’s terms and conditions. You acknowledge that App Stores have no obligation to furnish any maintenance and support Services with respect to the App. If the App fails to conform to any applicable warranty, you may notify the App Store where you purchased the App and that App Store may refund the purchase price, if any. To the maximum extent permitted by applicable law, App Stores will have no other warranty obligation whatsoever with respect to the App, 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 acknowledge that App Stores are not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:

  • Product liability claims
  • Any claim that the App fails to conform to any applicable legal or regulatory requirement
  • Claims arising under consumer protection or similar legislation

You and NeuroGeneces acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, NeuroGeneces 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 App.

18. Termination

18.1 Our Rights

We may terminate or suspend your access to our Services immediately, without prior notice, for:

  • Violation of these Terms

  • Unauthorized use of referral codes

  • Attempted reverse engineering

  • Any other conduct we deem harmful to our business

    18.2 Effect of Termination

    Upon termination:

  • Your right to use our Services ceases immediately

  • You must return any leased Devices within the specified timeframe

  • You must delete the App from your mobile device

  • Provisions of these Terms that should survive termination will remain in effect

19. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our Website
  • Updating the "Last Updated" date
  • Sending notice to registered users

Your continued use of our Services after changes constitutes acceptance of the modified Terms.

20. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

21. Assignment

We may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms, or assign, sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, in the Services, and any attempt to the contrary is void.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NeuroGeneces regarding our services.

23. Waiver

No waiver by you or NeuroGeneces of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

24. Contact Information

For questions about these Terms, please contact us at:

NeuroGeneces, Inc.
1012 Marquez Place, Suite 207A
Santa Fe, NM 87505
Email: support@neurogeneces.com
Website: https://neurogeneces.com