Terms and Conditions

V20241219

Terms and Conditions of Mind Media USA Inc.

Article 1. Definitions

  • Mind Media USA Inc.: Refers to the private company Mind Media USA Inc., located at 1020 B St, San Rafael 94901 CA, a part of the Mind Media Group, a Dutch-registered private company.

  • Client: The individual or legal entity that engages Mind Media USA Inc. for services, purchases, or agreements.

  • Parties: Refers collectively to Mind Media USA Inc. and the Client.

  • In Writing: Includes communication via email or digital platforms, provided the identity and integrity of the message are established.

  • Works: All products or services offered by Mind Media USA Inc. or any affiliated entity within the Mind Media Group.

Article 2. Use of NeXus Products and Services Disclaimer

  • Data Acquisition and Psychophysiological Measurements
    Mind Media NeXus products and services are designed for data acquisition, including the measurement and collection of psychophysiological signals. All communications from Mind Media regarding the applications, usage, and potential benefits of NeXus systems, sensors, and software are provided for informational purposes only. These communications are based on research, case studies, and customer experiences.

  • No Recommendations or Professional Advice
    Nothing in any communication or documentation from Mind Media, whether written or oral, should be interpreted as a recommendation or professional advice regarding the specific use of NeXus products and services. Users are encouraged to seek professional guidance and conduct thorough research before utilizing the products in any particular application. Mind Media makes no representations or warranties regarding the suitability of the products for any specific purpose.

Article 3. Applicability

  • These terms apply to all proposals, offers, agreements, and deliveries across all sales and service channels, including but not limited to the Shopify website and other online or offline platforms.

  • Client terms and conditions are expressly rejected unless agreed upon in writing.

  • Deviations from these terms require written confirmation by Mind Media USA Inc.

  • If any provision is deemed invalid, it will be replaced with a legally permissible alternative, while other provisions remain in effect.

Article 4. Proposals

  • Proposals (estimates, offers, quotes) are non-binding unless otherwise stated in writing.

  • Prices are exclusive of VAT, shipping, and other potential costs unless specified.

  • Mind Media USA Inc. reserves the right to correct errors or revoke offers.

Article 5. Agreement Conclusion

  • Agreements are binding upon written confirmation by Mind Media USA Inc.

  • Additional terms or changes are valid only with written approval.

  • Mind Media USA Inc. may suspend obligations if Client creditworthiness is questioned.

Article 6. Delivery

  • Delivery is ex-works unless otherwise agreed.

  • Clients must accept delivery promptly or bear additional costs for delays.

  • Delivery times are estimates and not binding deadlines.

Article 7. Payment

  • Payment conditions are by default set to prepayment unless otherwise agreed in writing.

  • In case other payment conditions are agreed late payments incur a 1% monthly interest or the statutory maximum.

  • Mind Media USA Inc. reserves the right to suspend services for non-payment.

Article 8. Intellectual Property

  • All intellectual property rights remain with Mind Media USA Inc. or its licensors.

  • Clients are granted non-exclusive, non-transferable use rights only after fulfilling payment obligations.

  • Unauthorized reproduction or use of Works will incur penalties.

Article 9. Privacy and Data Protection

  • Mind Media USA Inc. adheres to GDPR, CCPA, and other applicable data protection laws.

  • Personal data collected will only be used for purposes outlined in the Privacy Policy, accessible on the company website.

  • Clients are responsible for ensuring that data shared with Mind Media USA Inc. complies with applicable privacy laws.

Article 10. Data Security

  • Mind Media USA Inc. implements industry-standard measures to protect data from unauthorized access or breaches.

  • The company is not liable for damages arising from cyber incidents unless due to gross negligence.

  • Clients must notify Mind Media USA Inc. immediately of any suspected data breaches.

Article 11. Warranty, Returns and Repair

  • Warranty terms and conditions are available on the company website or upon request.

  • Clients must follow the company’s support and return procedure for all warranty and non-warranty claims.

  • Shipping costs for non-warranty items are borne by the Client.

Article 12. Complaints

  • Clients must follow the company’s procedures to report a complaint or issue with the service and/or products provided by the company. 

Article 13. Liability

  • Liability is limited to amounts paid by the Client in the six months preceding the claim.

  • Mind Media USA Inc. is not liable for indirect or consequential damages, including loss of profits.

Article 14. Force Majeure

  • Unforeseen circumstances (e.g., natural disasters, strikes, government measures) may exempt Mind Media USA Inc. from obligations.

  • Both parties may dissolve the agreement if force majeure extends beyond two months.

Article 15. Applicable Law and Dispute Resolution

  • These terms are governed by the laws of California, excluding conflict of laws principles.

  • Disputes will be resolved through mediation or in worse cases in the state or federal courts of California.

Article 16. Amendments

  • Mind Media USA Inc. reserves the right to amend these terms. Updated terms will be published on the company website.

  • Continued use of services implies acceptance of revised terms.

 

These terms & conditions are effective as of the date indicated and supersedes all previous terms and conditions. For questions, contact Mind Media USA Inc.