Terms of Service

Welcome to NeuroTrax Corporation (“NT,” “we,” “us,” or “our”). By accessing or using our cognitive assessment software and related services (the “Services”), you (“you” or “User”) agree to be bound by these Terms and Conditions of Use (“Terms”). If you do not agree with any part of these Terms, you must not use our Services.

NeuroTrax provides software-based cognitive assessments designed to assist clinicians in evaluating patients’ cognitive functions. The Services can include, but are not limited to, our online testing software platform, data analysis tools, reporting features and recommendations.

• Account Creation: To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update this information on a timely basis.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
• Clinician Accounts: Clinician accounts are only for licensed medical professionals. We will verify clinician credentials.

• Permitted Use: You may use the Services only for lawful purposes and in accordance with these Terms.
• Prohibited Use: You agree not to:
  • Use the Services in any way that violates applicable laws or regulations.
  • Attempt to interfere with or disrupt the Services or any servers or networks connected to the Services.
  • Use any automated means to access or use the Services without our express written permission.
  • Upload or transmit any viruses, malware, or other harmful code.
  • Attempt to gain unauthorized access to any part of our systems, or any other user accounts.
• HIPAA Compliance: Users who are clinicians and are considered covered entities and business associates agree to follow all HIPAA regulations when using our Services. Users will not use our Services in such a way that violates HIPAA.
• GDPR Compliance: For users in the European Economic Area (EEA), you agree to comply with all applicable GDPR regulations.

• PHI: You acknowledge that the Services may involve the collection, use, and disclosure of Protected Health Information (PHI) as defined by HIPAA. You agree to comply with all applicable HIPAA regulations regarding the use and disclosure of PHI.
• PI: We collect and process Personal Information (PI) in accordance with our Privacy Policy. By using our Services, you consent to such collection and processing.
• California Residents: Under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), California residents have specific rights regarding their PI. Please refer to our Privacy Policy for details.
  • “Sale” or “Sharing” of Personal Information: We do not sell or share personal information as defined by the CCPA/CPRA.
  • Sensitive Personal Information: We limit the use and disclosure of sensitive personal information.
  • Right to Correct: California residents have the right to correct inaccurate personal information.
• Children’s Online Privacy Protection Act (COPPA): The Services are not intended for use by individuals under the age of 13. NT does not knowingly collect personal information from children under 13 in violation of COPPA.

• Ownership: The Services and all content included in the Services, including software, text, graphics, logos, and images, are the property of NT or its licensors and are protected by intellectual property laws.
• License: We grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes.
• Restrictions: You may not reproduce, modify, distribute, or create derivative works based on the Services without our express written permission.

• THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• NT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• NT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES.
• NT IS NOT RESPONSIBLE FOR THE CLINICAL DECISIONS MADE BY THE CLINICIANS USING THE SOFTWARE OR SERVICES. THE CLINICIAN IS SOLELY RESPONSIBLE FOR ALL DIAGNOSES AND TREATMENT PLANS.
• NEUROTRAX MAY INTEGRATE OR RELY ON THIRD-PARTY SERVICES TO DELIVER CERTAIN ASPECTS OF THE SERVICES. YOU ACKNOWLEDGE THAT NT IS NOT RESPONSIBLE FOR THE AVAILABILITY, PERFORMANCE, OR PRIVACY PRACTICES OF SUCH THIRD-PARTY SERVICES.

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, NT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.
• IN NO EVENT SHALL NT’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.

You agree to indemnify and hold NT harmless from any claims, damages, or expenses arising out of your use of the Services or your violation of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law principles.

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in [City, State], and judgment upon the award may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief in a court of law.

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website or by other means. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

NT shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service interruptions.

We may terminate your access to the Services at any time, with or without cause. You may terminate your account at any time by providing written notice to NT. Termination does not relieve you of any payment obligations incurred prior to the effective date of termination.

If you have any questions or concerns about these Terms, please contact us at:

NeuroTrax Corporation
1130 Creekside Parkway, Unit 111989
Naples, FL 34108-1180
akiva.davis@neurotrax.com
Tel (US toll-free): 1-855-NEUROTRAX

• HIPAA: NT will maintain appropriate administrative, physical, and technical safeguards to protect PHI as required by HIPAA.
• GDPR: NT will process personal data in accordance with GDPR, including having a legal basis for processing, implementing appropriate security measures, and respecting data subject rights.
• Data Processing Agreements: NT will enter into Data Processing Agreements (DPAs) where necessary under GDPR.
• Business Associate Agreements: NT will enter into Business Associate Agreements (BAAs) with covered entities as required by HIPAA.
• Data Storage Jurisdiction: Personal and health data may be stored and processed in the United States or in jurisdictions where NT or its third-party providers operate. NT ensures appropriate safeguards are in place for international data transfers in accordance with applicable laws.

NeuroTrax strives to ensure its digital services are accessible to individuals with disabilities. If you experience any difficulty accessing our Services, please contact us.