Terms of Service

1. Agreement

These Terms govern your use of the Neuro Progress Tracker application (the "App"), operated by Priming Labs LLC ("Priming Labs," "we," "us"). By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.

2. Read this section

The App does not provide medical advice, does not diagnose any condition, and is not a medical device.

The App asks how you feel, records where you have symptoms, and measures how quickly and accurately you complete short cognitive tasks. From this it produces a daily indicator and a short piece of guidance such as "Ready to train," "Train with caution," or "Recover today."

That indicator is informational only. It is a summary of what you reported and how you performed. It is not an assessment of whether it is safe for you to train, and it cannot account for anything you did not tell it.

Do not use the App in place of professional judgment. If you are recovering from an injury, follow the plan your clinician gave you. If the App says one thing and your clinician says another, follow your clinician.

Seek immediate medical attention if you experience severe or worsening symptoms, new neurological symptoms, or anything that concerns you, regardless of what the App shows.

3. No clinician-patient relationship with us

Priming Labs is a software company. We do not practice medicine or physical therapy and we do not provide healthcare services.

Using the App does not create a clinician-patient relationship between you and Priming Labs, and does not create one between you and any founder, employee, or contractor of Priming Labs.

If a clinician gave you access to the App, your relationship is with that clinician. It is governed by their professional obligations, not by these Terms.

4. Assumption of risk

Physical training carries risk of injury. That risk is greater when returning from injury or when symptoms are present.

You understand and accept that:

• The App's indicators are derived from limited self-reported and test information and may not reflect your actual physical or cognitive state
• A "Ready to train" indicator is not clearance to train, and is not a statement that training is safe for you
• The App cannot detect injury, illness, or any condition
• The reference values the App compares you against are drawn from published population data and may not apply to you
• The App is in active development and its methods may change

You are responsible for your own decisions about training and activity. You assume the risks of those decisions, whether or not you consulted the App.

5. Your account

• Provide accurate information. The App's output is only as good as what you enter.
• Your account is accessed through a code. Anyone with that code can see and change your information. Keep it private and do not share it.
• Do not create an account for anyone else without their knowledge and agreement.
• You must be at least 13. If you are between 13 and 17, use the App only with the involvement of a parent or guardian and your clinician.

6. Acceptable use

Do not:

• Use the App for anyone other than yourself, unless you are a clinician using it with your own patients
• Attempt to access records that are not yours
• Reverse engineer, decompile, scrape, or copy the App or its underlying methods
• Interfere with the App's operation, security, or availability
• Use the App to make clinical decisions about others without your own professional judgment
• Submit false information intended to distort the App's output or its reference data

7. Our intellectual property

The App, its software, design, scoring methods, calibration values, and reference data are owned by Priming Labs LLC and protected by copyright and other laws. These Terms give you a limited, personal, non-transferable, revocable license to use the App for its intended purpose. No other rights are granted.

8. Your information

Your information is handled as described in our Privacy Policy, which forms part of these Terms.

You keep ownership of the information you enter. You grant us the license needed to operate the App, and to use aggregated, de-identified information to develop reference values and improve the App as described in the Privacy Policy.

9. Availability

We provide the App as it is. We do not promise it will be available without interruption, free of errors, or that your information will never be lost. We may change, suspend, or discontinue any part of it. Where we can, we will give notice before doing so.

10. Disclaimer of warranties

The App is provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability.

We do not warrant that the App's indicators, scores, or guidance are accurate, complete, or suitable for any purpose, including deciding whether to train.

11. Limitation of liability

To the fullest extent permitted by law, Priming Labs LLC and its members, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of the App.

This includes any injury, re-injury, or harm resulting from training or activity decisions you made, whether or not the App informed those decisions.

Our total liability for any claim relating to the App will not exceed the greater of one hundred US dollars or the amount you paid us in the twelve months before the claim.

Some jurisdictions do not allow certain exclusions or limitations. Where that is the case, the limitations above apply to the fullest extent permitted, and nothing here excludes liability that cannot lawfully be excluded.

12. Indemnity

You agree to indemnify Priming Labs LLC against claims, damages, and reasonable costs arising from your misuse of the App, your breach of these Terms, or your violation of the rights of others.

13. Ending your use

You may stop using the App at any time and delete your account and information from within the App.

We may suspend or end your access if you breach these Terms, if we are required to by law, or if we discontinue the App. Sections 4, 7, 10, 11, 12, and 15 survive termination.

14. Changes to these Terms

We may update these Terms. If a change materially affects your rights or obligations, we will notify you in the App and ask you to agree before you continue. We record which version you agreed to and when. Continuing to use the App after agreeing means you accept the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Maryland, without regard to conflict of laws rules. Any dispute will be brought in the state or federal courts located in Maryland, and you and we consent to the jurisdiction of those courts.

If any provision is held unenforceable, the rest remains in effect.

16. Entire agreement

These Terms and the Privacy Policy are the entire agreement between you and Priming Labs LLC regarding the App, and replace any prior understanding.

17. Contact

Priming Labs LLC [email protected] 17610 Zullo Dr, Poolesville, MD 20837

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This document is a draft prepared for review. It has not been reviewed by an attorney and should not be published as live terms until it has been.