Terms & Conditions

Part B – Intendu Terms and Conditions for Sale

These Terms govern all sales of the Intendu brain-training platform ("Platform") and related services, features and content, between Intendu and the buyer ("Buyer"). Our acceptance of any purchase order is conditioned on these Terms, and any purchase, download, acceptance or use of the Platform constitutes irrevocable acceptance of them.

1. Intellectual Property and License

All intellectual property in the Platform remains with Intendu. We grant the Buyer a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable subscription License to use the Platform solely when bundled with the Third Party Hardware (defined below). All other rights are reserved.

2. License Restrictions

The Buyer shall not: copy, distribute or modify the Platform without authorization; create derivative works, transfer, reproduce or disclose the Platform or its content except as authorized; make the Platform available over a network to multiple devices or people simultaneously; disrupt our servers or networks; use bots or spiders; send unsolicited commercial communications via the Platform; circumvent security features; remove or alter proprietary notices; reverse-engineer, decompile, or derive source code; use the Intendu name, logo or trademarks without consent; or use the Platform unlawfully or in breach of these Terms. End-users to whom the Buyer grants access must also comply, and the Buyer is responsible for their compliance.

3. Ordering

An irrevocable purchase order is submitted via intendu.com/pricing, including shipping location, delivery method and payment method; it is non-cancelable and non-reschedulable by the Buyer, and subject to availability. We may accept, reject or limit any order at our discretion with no liability for refusal, and may contact the Buyer for more information. We aim to accept or reject an order within 5 business days, and to ship within 14 business days of acceptance and payment. Delivery depends on third parties outside our control; we are not liable for delivery delays, and the delivery date is simply extended by the length of any such delay.

4. Payment Terms

Prices, fees and terms are as stated on the purchase order, inclusive of delivery and applicable taxes and duties, and are payable in USD upon ordering unless stated otherwise. If we cancel an order, the Buyer is notified by email and is not charged, or is refunded if already charged.

5. Term and Termination

License programs are offered on an annual, semi-annual or monthly basis ("Subscription Term"), and automatically renew. To change your plan, contact Intendu directly. The Buyer may terminate at any time without cause by written notice; Intendu may terminate immediately for material breach. On termination, the License ends and the Buyer must stop using the Platform. No refund is given if the Buyer terminates during the initial Subscription Term; a prorated refund applies if terminated during a renewal term. Sections intended to survive termination remain in effect.

6. Cancellation and Refunds

The Buyer may cancel within 30 days of delivery for a refund. The Buyer bears the cost of return shipping via a recognized international courier (e.g. DHL), to: 27 Maskit Street, Herzliya, Israel. Refunds are issued to the original payment method within 5 business days of cancellation, with an email confirmation. If the hardware is not received within 45 days of delivery, or is not returned in its original "new in box" condition, Intendu will deduct US$199 from the refund (the cost of the Third Party Hardware).

7. Operating Instructions

The Buyer – whether a patient or a therapist, using the Platform at home or in a clinical setting – must read and understand these instructions, or have a therapist relay them. Therapists must ensure their patients understand and comply with these instructions before enabling Platform use.

Personal warning: independent, unsupervised use of the Platform is entirely at the user's own risk. Supervised or prescribed use must follow the therapist's individualized plan and presence and instructions – otherwise it is also at the user's own risk.

Clinical warnings – consult a physician or therapist before use if you have:

• A neuro-vestibular balance disorder – risk of becoming unbalanced and injured
• Any condition affected by drugs, alcohol or prescribed substances that could impair participation – do not use while under the influence; risk of injury
• Color blindness – color perception may affect your ability to participate
• Any condition affecting your ability to safely take part in physical activity, including a heart or respiratory condition, high blood pressure, vertigo or epilepsy, a back, joint or other orthopedic condition, pregnancy, blindness, a doctor's instruction to abstain from physical activity, difficulty exercising, or any other condition flagged as inappropriate by a therapist or physician

Therapist warning: therapists must carefully select training games appropriate to each patient's condition; mismatched games could cause injury.

Use of Third Party Hardware: the Platform requires a Kinect for Windows v2 or Orbbec3D Persee sensor ("Third Party Hardware"), provided "AS IS" subject to its own license terms.

Overexertion can result in injury – do not overexert yourself while training.

General cautions: use the Platform only as described in these Terms or as instructed by a therapist; take periodic breaks; stop immediately and consult a physician or therapist if you experience pain, nausea, shortness of breath, chest tightness, dizziness or excessive fatigue; wear suitable clothing and remove any jewelry that could catch or snag; and use the Platform in an open, flat, level space that allows free movement – do not use it in a confined or uneven space.

8. Limited Warranty

We warrant the Platform against material defects in materials, workmanship and design for 30 days from delivery (excluding the Third Party Hardware); this warranty is void if the Platform is misused, neglected, improperly repaired, or altered. Otherwise, the Platform is provided "AS IS" and "AS AVAILABLE" with no other warranties; we do not guarantee it is free of bugs, security breaches or viruses, and are not liable for internet, connectivity or server issues, nor do we endorse any third-party content or products available through the Platform. Your sole remedy for breach of this warranty is replacement of, or a refund for, the Platform, at our option. Except as stated in our Privacy Policy, we make no representations about the security of information you provide or of your activities while using the Platform.

9. Indemnity

We will defend or settle third-party claims that the Platform infringes a US patent, copyright or trade secret, provided we receive prompt written notice and full control of the defense. We are not responsible for costs or settlements made without our consent. We may, at our discretion, procure rights for continued use, modify the Platform, or, if neither is reasonably possible, require the Buyer to stop use and receive a refund. We are not liable for infringement arising from: combination of the Platform with non-Intendu products, the Buyer's unauthorized modifications, the Buyer's negligence or misconduct, the Buyer's violation of these Terms, or use involving reasonable risk to life or bodily injury – in which cases the Buyer indemnifies Intendu instead.

10. Limitation of Liability

The Buyer's sole remedy, and Intendu's entire liability, are as set out above. We are not liable for data loss, damage arising from combining the Platform with other non-Intendu systems, damage from the Buyer's own modifications, or any consequential, incidental, indirect or special damages (including lost business profits). Liability for direct damages is capped at the amount paid for the applicable purchase order or, if none applies, the amount paid in the preceding three months.

11. Export Compliance

The Buyer must comply with applicable US, European and Israeli export control laws, and is solely responsible for determining compliance and obtaining any required approvals.

12. Additional Terms

Purchases are also subject to our Terms of Use (Part A above), which prevail in the event of a conflict unless agreed otherwise in writing.

13. General

These Terms constitute the entire agreement between the parties, superseding any prior negotiations. No additional or different terms apply unless accepted in writing by an authorized Intendu officer. These Terms are non-assignable by the Buyer and are binding on permitted successors and assigns. Our failure to enforce a provision is not a waiver; if any provision is found unenforceable, the remaining provisions remain in effect. These Terms are governed by the laws of Israel, with exclusive jurisdiction and venue in the courts of Tel Aviv (we may still seek injunctive relief elsewhere). Any cause of action must be brought within one year, after which it is permanently barred.