Effective as of April 25, 2019
Flow Neuroscience AB (“Flow”) has developed a proprietary system which uses light electric stimulation to treat depression (the “Flow System”) utilizing a specially designed device (the Flow Headset).
1. Requirements to Use the Service
The Service is offered and available to users who are 18 years of age or older and reside in the countries that Flow is available in (see the list here). Furthermore, the Service is only offered to users who are not incapable of giving consent. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Flow and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
The Service may only be used with a Flow Device manufactured, distributed, or sold by or on behalf of Flow. You may not connect to the Service with any device that is not manufactured, distributed, or sold by or on behalf of Flow (such as a knock off or counterfeit version of a Flow Device); otherwise intends to resemble or purports to be a Flow Device; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service.
2. Account; Account Security
To use the Service, you must create an account by providing us with a valid email address. You can access your account information at any time through the Service. You agree that you will supply truthful, accurate and complete information to Flow, and that you will update such information promptly in the event that it changes. If you are using the Service on an enterprise level for multiple individual user accounts, then you shall designate one user as the administrative user who shall be responsible for registering and, if desired, editing the account information. Any change in the designation of the administrative user must be submitted to Flow by the current administrative user. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, Flow may terminate your use of the Service.
You are responsible for maintaining the confidentiality of your account and for all activities which occur through the use of your account. You agree to: (i) immediately notify Flow of any unauthorized access to or use of your account or any other breach of security; and (ii) ensure that you secure your account, computer and mobile device from third party access. Flow will not be liable for any loss or damage arising from your failure to comply with this Section.
3. Grant of a Limited License
4. License Limitations
You agree that you will not and will not permit any 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 Service;
- duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
- use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through Service;
- frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Flow without our express consent;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information from or through the Service, or any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- use the Service for illegal, harassing, unethical, or disruptive purposes;
- violate any applicable law or regulation in connection with your use of the Service; or
5. Data and Intellectual Property Ownership
As between you and Flow, all software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein are owned solely and exclusively by Flow and are protected by the European Union and international copyright, trade secret or other intellectual property laws and treaties. Flow and its licensors reserve all rights in connection with the Service and its content including, without limitation, the exclusive right to create derivative works therefrom. Except for the limited license granted to you in Section 3, you have no right, title or interest in or to the Service and any such content.
6. Third Party Websites, Apps or Resources
The Service may provide links to other websites, apps or resources by third parties (“Third Party Sites”). These Third-Party Sites are provided for your convenience only and are not reviewed, controlled, examined, sponsored, or endorsed by Flow and Flow is 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. YOUR USE OF ANY SUCH THIRD-PARTY SITES IS AT YOUR OWN RISK. None of the Flow Parties (as defined in Section 14) shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on any Third-Party Sites.
7. Consult Your Doctor Before Using the Service
Do NOT use the Flow headset without first consulting a doctor or healthcare professional.
Do NOT use the Flow headset without first being diagnosed with depression, or if you are under 18 years old.
Furthermore, take extra precaution and consult your physician if you:
- experience suicidal thoughts or fantasizing about ending your life.
- have a history of hypomanic/manic switches or episodes
- have been diagnosed with bipolar disorder.
- are suspected of having or have been diagnosed with epilepsy or have had seizures.
- have open wounds, or broken or damaged skin at the stimulation site.
- are pregnant or may be pregnant.
- have a pre-existing neurological or neuropsychiatric condition.
- have an active implanted medical device such as a cardiac pacemaker or neurostimulation device such as a spinal cord stimulator, vagal nerve stimulator, auricular stimulator, or deep-brain stimulating electrodes, or implanted defibrillator, or other implanted metallic or electronic device.
- have a defect in neurocranium, an implant inside the skull, a cochlear implant, or an implanted hearing aid.
- are suspected of having or have been diagnosed with a heart disease.
- have recently had a surgical procedure.
Furthermore, the Flow System and Flow Device should not be used in any way contrary to the instructions for use provided by Flow. The Flow Device and its pads should not be used over broken skinIf you experience worsening symptoms or a medical emergency, stop using the Flow device and consult with a medical professional.
8. Alerts and Notifications
As part of your use of the Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
9. Notice of Infringement – DMCA Policy
Anyone who believes that his or her work has been reproduced in the Service in a manner which constitutes copyright infringement may submit a notification to Flow’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- 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 on the Service;
- 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 above 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: Flow Neuroscience, Baltzarsgatan 23, 211 36 Malmö, Sweden; or by email to firstname.lastname@example.org. Flow will respond expeditiously to claims of copyright infringement using the Service that are reported to Flow’s copyright agent in the notification explained above. It is Flow’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
As a user of the Service, we may ask you from time to time for your input and feedback regarding the Service, or for other information relating to your experiences and practices relating to the Service. Any such input, feedback or information you provide will become our property and you assign all rights in such input, feedback and information to us, and we may use that information for our business or other purposes, including without limitation continuing to improve the Service.
12. Subscription Agreement
In the successful purchase of the Rent-a-Flow subscription model, a customer is agreeing to the below framework terms:
- The customer will pay the recurring monthly subscription fee every month until the subscription is cancelled by the customer via submitting the digital return request (https://refund.flowneuroscience.com/request_refund/).
- The first payment will be taken 30 days after the date on which the customer ordered their Flow device.
- The payments are ongoing even if the customer is not actively using Flow. It is not possible to pause the subscription.
- The subscription can be cancelled at any time by submitting a return request using the digital return request form and returning the headset.
- The subscription agreement will be terminated when the Flow device has been returned to and received by Flow Neuroscience in accordance with the return policy.
- The subscription includes one Flow device and charger, the Flow app, automatic delivery of treatment pads.
- The treatment pads will be delivered regularly in accordance with treatment schedule. The customer will receive an email notification detailing the expected arrival date.
- The headset return costs will be covered by Flow Neuroscience and will only be accepted using the return waybill which is sent following a return request.
- There will be no refunds on subscriptions already paid.
- The return waybills cover one box of refill pads and one flow device.
- Any additional refill pad boxes cannot be returned and will not be refunded.
- Once the return request is submitted no further subscription payments will be taken unless in the failure of receipt of the headset, please refer to 13. Payment failure, or if not returned in time.
- The customer will be eligible to buy their Flow device and stop their subscription service after 6 monthly payments.
- When eligible, the customer can email email@example.com to purchase the headset for half of the full price. It is important to note that we do not contact customers after the 6 months and the subscription does not automatically end after the 6 months.
13. Payment failure and Unreturned Flow Products
In case a Flow customer fails to complete the payment due (as outlined in the terms of the payment and price agreed to by Flow and the customer at the point of purchase) or the any cancelled Flow products remain unreturned, Flow is entitled to rightfully request the users for the full payment of the product and service purchased.
Customers who have rented a Flow device under our Rent-a-Flow plan have the obligation to:
- Submit the monthly rental payment until the cancellation of the rental period
- Return a rented device upon the cancellation of the rental period.
- If Flow does not receive a confirmation that the headset is in the process of being returned, they will provide at least two email notifications to flag the agreement to return the device which must be done as soon as possible.
- If Flow does not receive a confirmation or hear from the user following these notifications over a one month period, then Flow has the right to resume the subscription or issue an invoice for the value of the device.
- In the case of an unreturned product and no contact from the user over the month period, it is assumed that you wish to keep the headset. Until the end of the sixth month of the rental period, the device is valued at the full price of the option to purchase one’s own Flow (“Own-a-Flow”). Once users have rented out a Flow device for 6 months or more, the device is valued at half the full price of the option to purchase one’s own Flow (“Own-a-Flow”). For example, the user will be charged 199 GBP if they have rented the headset for 6 months or more. If they have rented the headset for less than 6 months, they will be charged 399 GBP
- The headset will be disabled and remain disabled until the invoice is paid.
In the process of doing so, Flow has the right to issue an invoice Flow may engage a third party to demand and receive the pending payment from the customer if the customer fails to pay the amount requested in the invoice. Flow has the right to issue invoices after informing the customer of the failed payment and calling for action with at least 2 notifications by email to the customer over a month or longer.
For any other subscription-based payment, Flow is entitled to request the missed payments via an invoice, in case a customer fails to complete the required payment.
15. Warranty Disclaimer
The Service may be temporarily unavailable from time to time for maintenance or other reasons. Flow shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any other content made available via the Service.
EXCEPT FOR THE WARRANTIES SET FORTH AT https://flowneuroscience.com/home/return-policy-warranty WITH RESPECT TO THE FLOW DEVICE AND THE SUPPORT SERVICES PROVIDED TO YOU BY FLOW, YOU ACKNOWLEDGE AND AGREE THAT (A) THE SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND (B) NONE OF FLOW, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SERVICE (THE “FLOW PARTIES”) MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE FLOW PARTIES ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, YOUR DEVICE IN CONNECTION WITH YOUR VIEWING OF OR ACCESS TO OR USE OF THE SERVICE.
16. Limitation of Liability
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 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, the liability of Flow Parties shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Equitable Remedies
19. Dispute Resolution and Governing Law
- Restrictions . You and Flow agree that any arbitration shall be limited to the Dispute between Flow and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 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 Sweden, and you hereby agree to submit to the personal jurisdiction of that court.
- Exceptions to Informal Negotiations and Arbitration . You and Flow agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Flow’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
20. Governing Law
21. Apple App Store / Google Play
22. General Provisions
- No Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Headings. The section headings used herein are for reference only and shall not be read to have any legal effect.