Terms of Service

This Agreement governs

• the use of Neuropunk.app and,
• any other legally binding Agreement or legal relationship with the Owner. Words written with a capital letter are defined in the relevant section of this document.

The User must read this document carefully.

While all contractual relationships related to these Products are concluded exclusively between the Owner and Users, Users acknowledge and agree that in cases where neuropunk.app was provided to them through the Apple App Store, Apple may enforce these Terms as a third party.

Neuropunk.app is owned and operated by:

IE Besman Evgeny Alexandrovich, OGRNIP 321645100089355, INN 643400988632

Owner's contact email address: neuropunk.app@yandex.ru

What Users should know first:

• Neuropunk.app uses automatic subscription renewals for the Product. Information about a) the renewal period, b) termination details, and c) termination notice can be found in the relevant section of these Terms.
• The right of withdrawal applies only to European consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as the "right of withdrawal" in this document.
• Please note that some provisions of these Terms may apply only to certain categories of Users. In particular, certain provisions may apply only to Consumers or to those Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, provisions apply to all Users.

---

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section generally apply when using neuropunk.app.

Single or additional terms of use or access may apply in certain scenarios and in such cases are additionally indicated in this document.

Account Registration

To use the Service, Users may register or create a user account by providing all necessary data or information in complete and truthful form. Users may also use the Service without registering or creating a user account, however this may result in limited availability of certain features.

Users are responsible for maintaining the confidentiality and security of their credentials. For this reason, Users must also choose passwords that meet the highest strength standards permitted by neuropunk.app.

By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users must immediately and unambiguously inform the Owner through the contact means specified in this document, or the support chat in the application, if they believe their personal information, including but not limited to user accounts, credentials, or personal data, has been compromised, unlawfully disclosed, or stolen.

Account Termination

Users may close their account and stop using the Service at any time by taking the following steps:

• By directly contacting the Owner using the contact information provided in this document or in the support chat in the application.

Account Suspension and Deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without prior notice user accounts that it deems inappropriate, offensive, or in violation of these Terms.

Suspension or deletion of User accounts does not give Users the right to make any claims for compensation, damages, or reimbursement.

Suspension or deletion of accounts for reasons related to the User does not relieve the User from paying any applicable fees or prices.

Content on neuropunk.app

Unless otherwise specified or clearly recognizable, all content available on neuropunk.app is owned by or provided by the Owner or its licensors.

The Owner makes every effort to ensure that the content presented on neuropunk.app does not violate any applicable legal provisions or third-party rights. However, it is not always possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are strongly encouraged to report this using the contact information provided in this document.

Rights regarding content on neuropunk.app - All rights reserved.

The Owner owns and retains all intellectual property rights to any such content.

Therefore, Users may not use such content in any manner that is not necessary or implied for proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from content available on neuropunk.app, nor allow third parties to do so through the User or their device, even without the User's knowledge.

In cases where this is expressly stated on neuropunk.app, the User may download, copy and/or share some content available through Neuropunk.app for their sole personal and non-commercial use and provided that copyright and all other references requested by the Owner are properly implemented.

Any applicable statutory limitations or exceptions to copyright remain in effect.

Access to External Resources

Through neuropunk.app, Users may have access to external resources provided by third parties. Users acknowledge and agree that the Owner does not control such resources and therefore is not responsible for their content and availability.

The terms applicable to any resources provided by third parties, including those applicable to any possible grant of rights to content, derive from the terms of each such third party or, in the absence thereof, applicable statutory law.

Acceptable Use

Neuropunk.app and the Service may only be used within the scope for which they are intended, in accordance with these Terms and applicable law.

Users are solely responsible for ensuring that their use of Neuropunk.app and/or the Service does not violate applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including by denying Users access to Neuropunk.app or the Service, terminating contracts, reporting to competent authorities - such as judicial or administrative authorities - any unlawful activity carried out through neuropunk or the Service, whenever Users engage in or are suspected of engaging in any of the following activities:

• violating laws, regulations and/or these Terms;
• infringing any third-party rights;
• materially impairing the Owner's legitimate interests;
• offending the Owner or any third party.

TERMS OF SALE

Paid Products

Some of the Products presented on neuropunk.app as part of the Service are provided on a paid basis.

The fees, duration, and conditions applicable to the purchase of such Products are described below and in dedicated sections on neuropunk.app.

To purchase Products, the User must register or log in to neuropunk.app.

Product Description

Prices, descriptions, or availability of Products are indicated in the relevant sections on neuropunk.app and may be changed without prior notice.

While Products on neuropunk.app are presented with the maximum technically possible accuracy, their representation on neuropunk.app by any means (including, as appropriate, graphic materials, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase process.

Purchase Process

Any steps taken from selecting a product to submitting an order are part of the purchase process.

The purchase process includes the following steps:

• Users must select the desired product and confirm their purchase selection.
• After reviewing the information displayed in the purchase selection, Users may place an order by submitting it.

All notifications related to the described purchase process must be sent to the email address provided by the User for these purposes.

Prices

Users are informed during the purchase process and before submitting an order about any fees, taxes, and charges (including, if any, delivery costs) that they will be charged.

Prices on neuropunk.app are displayed:

• either excluding any applicable fees, taxes and charges, or including them, depending on the section the User is viewing.

Payment Methods

Information relating to accepted payment methods becomes available during the purchase process.

Some payment methods may only be available subject to additional conditions or fees. In such cases, relevant information can be found in a dedicated section on neuropunk.app.

All payments are processed independently through third-party services. Thus, neuropunk.app does not collect any payment information, such as credit card data, but only receives notification after payment has been successfully completed.

If payment by available methods fails or is refused by the payment service provider, the Owner is not obligated to fulfill the order for delivery. Any possible costs or fees arising from failed or refused payment are borne by the User.

Purchase in App Store

Neuropunk.app or certain Products available for sale on neuropunk.app must be purchased through a third-party app store. To access such purchases, Users must follow the instructions presented in the respective online store (for example, "Apple App Store" or "Google Play"), which may vary depending on the specific device used.

Unless otherwise specified, purchases made through third-party online stores are also governed by the terms and conditions of such third parties, which in case of any inconsistency or conflict always take precedence over these Terms.

Therefore, Users making purchases through such third-party online stores must carefully read such terms of sale and accept them.

Retention of Product Ownership

Until the Owner receives payment of the full purchase price, the ordered Products do not become the property of the User.

Retention of Usage Rights

Users do not receive any rights to use the purchased Product until the Owner receives the full purchase price.

Delivery

Delivery of Digital Content

Unless otherwise specified, digital content purchased on neuropunk.app is delivered by downloading to devices selected by Users.

Users acknowledge and agree that to download and/or use the Product, the intended device(s) and corresponding software (including operating systems) must be lawful, widely used, up-to-date, and compliant with current market requirements and standards.

Users acknowledge and agree that the ability to download the purchased Product may be limited in time and location.

Contract Duration

Subscriptions

Subscriptions allow Users to receive the Product continuously or regularly over a specified period of time.

Paid subscriptions begin on the day payment is received by the Owner.

To maintain subscriptions, Users must make the necessary periodic payments on time. Failure to do so may cause service interruptions.

Subscriptions with Fixed Term

Paid subscriptions with a fixed term begin on the day payment is received by the Owner and last for the subscription period selected by the User or otherwise specified during the purchase process.

After the subscription period expires, the Product will no longer be available unless the User renews the subscription by paying the corresponding fee.

Subscriptions with a fixed term cannot be terminated early and end upon expiration of the subscription term.

Subscriptions Processed through Apple ID

Users may subscribe to the Product using the Apple ID associated with their Apple App Store account, using the corresponding process on neuropunk.app. In doing so, Users acknowledge and agree that

• any payment due will be charged to their Apple ID account;
• subscriptions automatically renew for the same term unless the User cancels the subscription at least 24 hours before the end of the current period;
• any fees or payments due for renewal will be charged within 24 hours before the end of the current period;
• Subscriptions can be managed or canceled in Apple App Store account settings.

The above takes precedence over any conflicting or diverging provisions of these Terms.

Automatic Renewal

Subscriptions automatically renew using the payment method the User selected during purchase, unless the User cancels the subscription within the timeframes specified in the relevant section of these Terms and/or neuropunk.app.

The renewed subscription will last for a period equal to the original term.

The User must receive a reminder of the upcoming renewal within a reasonable time with a description of the procedure to follow to cancel automatic renewal.

Termination

Subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact information provided in this document, or - if applicable - using the corresponding controls within neuropunk.app.

Termination Notice

If the termination notice is received by the Owner before the subscription renewal, termination takes effect as soon as the current period is completed.

User Rights

Right of Withdrawal

Unless exceptions apply, the User may have the right to withdraw from the contract within the period specified below (usually 14 days), for any reason and without explanation. Users can learn more about withdrawal conditions in this section.

Who Has the Right of Withdrawal

Unless any applicable exception is indicated below, Users who are European consumers are granted the statutory right of withdrawal in accordance with EU rules for withdrawing from contracts concluded online (distance contracts) within the applicable period for their case, for any reason and without justification.

Users who do not meet this qualification cannot enjoy the rights described in this section.

Exercising the Right of Withdrawal

To exercise their right of withdrawal, Users must send the Owner an unambiguous statement of their intention to withdraw from the contract.

For this purpose, Users may use the standard withdrawal form available in the "Definitions" section of this document. However, Users are free to express their intention to withdraw from the contract by making an unambiguous statement in any other suitable manner. To meet the deadline within which they can exercise this right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

• In case of purchase of digital content not delivered on a tangible medium, the withdrawal period expires 14 days after the day the contract is concluded, unless the User has waived the right of withdrawal.

Consequences of Withdrawal

Users who correctly withdraw from the contract will receive a refund from the Owner of all payments made to the Owner, including, if any, those covering delivery costs.

However, any additional costs associated with choosing a specific delivery method other than the least expensive type of standard delivery offered by the Owner are not refundable.

Such refund must be made without undue delay and, in any case, no later than 14 days from the day the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used to process the initial transaction. In any case, the User does not bear any costs or fees as a result of such refund.

Liability and Indemnification

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any guarantees, conditions, warranties, rights, or remedies that the User may have under the Competition and Consumer Protection Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted, or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and liability that is not otherwise excluded under these Terms of Use, is limited, at the Owner's sole discretion, to re-performance of the services or payment of the cost of re-providing the services.

US Users

Disclaimer of Warranties

Neuropunk.app is provided strictly on an "as is" and "as available" basis. The User uses the Service at their own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties - express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, oral or written, obtained by the User from the Owner or through the Service creates any warranties not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-brands, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet User requirements; that the Service will be available at any time or place, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained using the Service is downloaded at the User's own risk, and Users are solely responsible for any damage to the User's computer system or mobile device or loss of data resulting from such download or the User's use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, nor shall the Owner be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become unavailable or may not function correctly with the User's web browser, mobile device and/or operating system. The Owner is not responsible for any alleged or actual damage arising from the Service's content, operation, or use of this Service.

Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users certain legal rights, and Users may also have other rights that vary from state to state. The disclaimers and exclusions under this agreement do not apply to the extent prohibited by applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-ventures, partners, suppliers, and employees be liable for

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data, or other intangible losses arising from or related to the use or inability to use the Service; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or information contained therein;
• any errors, mistakes, or inaccuracies in content;
• personal injury or property damage of any nature arising from User access to or use of the Service;
• any unauthorized access to or use of the Owner's secure servers and/or any personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, Trojan horses, etc., that may be transmitted to or through the Service;
• any errors or omissions in any content and any losses or damages incurred as a result of using any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• defamatory, offensive, or illegal conduct by any User or third party. Under no circumstances shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-ventures, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or expenses in an amount exceeding the amount paid by the User to the Owner under this Agreement for the preceding 12 months or the term of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the User. The Terms give the User certain legal rights, and the User may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms do not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-brands, partners, suppliers, and employees from any claims or demands, damages, obligations, losses, liabilities, costs, or debt, and expenses, including but not limited to legal costs and expenses arising from:

• User use of and access to the Service, including any data or content transmitted or received by the User;
• User breach of these Terms, including but not limited to User breach of any representations and warranties set forth in these Terms;
• User violation of any third-party rights, including but not limited to privacy rights or intellectual property rights;
• User violation of any statutory law, rule, or regulation;
• any content submitted from the User's account, including third-party access with the unique username, password, or other security measures, if applicable, including but not limited to misleading, false, or inaccurate information;
• User's willful misconduct; or
• statutory provision by the User or its affiliates, officers, directors, agents, co-brands, partners, suppliers, and employees to the extent permitted by applicable law.

General Provisions

Waiver

The Owner's failure to assert any right or provision under these Terms does not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such or any other term.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the User's service for maintenance, system updates, or any other changes, appropriately informing Users.

Within the framework of the law, the Owner may also decide to suspend or terminate the Service as a whole. In case of Service termination, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service may be unavailable for reasons beyond the Owner's reasonable control, such as "force majeure" (e.g., labor actions, infrastructure failures, or power outages, etc.).

Service Resale

Users may not reproduce, duplicate, copy, sell, resell, or exploit any part of Neuropunk.app and its Service without express prior written permission from the Owner, granted either directly or through a lawful resale program.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy on neuropunk.app.

Intellectual Property Rights

Without prejudice to any more specific provisions of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to Neuropunk.app are the exclusive property of the Owner or its licensors and are subject to protection provided under applicable law or international treaties relating to intellectual property.

All trademarks - nominal or figurative - and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with neuropunk are and remain the exclusive property of the Owner or its licensors and are subject to protection provided by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User in the future.

Continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may give either party the right to terminate the Agreement.

The applicable previous version will govern the relationship until User acceptance. The User may obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the amended Terms will take effect.

Contract Assignment

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking into account the User's legitimate interests. Provisions regarding changes to these Terms will apply accordingly.

Users may not transfer or assign their rights or obligations under these Terms without written permission from the Owner.

Contacts

All communications regarding the use of neuropunk.app must be sent using the contact information specified in this document.

Severability

If any provision of these Terms is found or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and modified to the extent reasonably required to make it valid, enforceable, and consistent with its original intent. These Terms constitute the complete Agreement between Users and the Owner regarding the subject matter hereof and supersede all other communications, including but not limited to all prior agreements between the parties regarding such subject matter. These Terms will be enforced to the maximum extent permitted by law.

EU Users

If any provision of these Terms is or has already been found to be invalid or unenforceable, the parties will do their best to peacefully reach an agreement on valid and enforceable provisions, thereby replacing the invalid or unenforceable parts. Otherwise, the invalid or unenforceable provisions must be replaced by applicable statutory provisions, if permitted or specified under applicable law.

Without prejudice to the foregoing, the invalidity or impossibility of enforcing a particular provision of these Terms does not invalidate the entire Agreement, unless the individual provisions are essential to the Agreement or of such significance that the parties would not have entered into the contract if they had known that the provision would not be enforceable, or in cases where the remaining provisions would lead to unacceptable difficulties for either party.

Applicable Law

These Terms are governed by the law of the place where the Owner is located, as specified in the relevant section of this document, without regard to conflict of law principles.

Exception for European Consumers

However, notwithstanding the foregoing, if the User qualifies as a European consumer and has their habitual residence in a country where the law provides higher consumer protection standards, such higher standards shall prevail.

Jurisdiction

The exclusive competence to decide on any disputes arising from or related to these Terms belongs to the courts of the place where the Owner is located, as shown in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users who qualify as European Consumers, nor to Consumers from Switzerland, Norway, or Iceland.

Dispute Resolution

Amicable Dispute Resolution

Users may bring any disputes to the Owner, who will attempt to resolve them amicably.

While the User's right to file lawsuits always remains unchanged, in the event of any disputes regarding the use of Neuropunk.app or the Service, Users are asked to contact the Owner using the contact information specified in this document.

The User may file a complaint, including a brief description and, if applicable, detailed information about the relevant order, purchase, or account, to the Owner's email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolution, which facilitates an out-of-court method for resolving any disputes related to and arising from online sales and service contracts.

As a result, any European consumer can use such a platform to resolve any disputes arising from contracts concluded online. The platform is available at the following link.

Definitions and Legal References

Neuropunk.app (or this Application)

The property of the Owner that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User who is not a Consumer.

European (or Europe)

Applies in cases where the User is physically present or has a registered office in the EU, regardless of nationality.

Owner (or We)

Indicates the natural or legal person that provides Users with Neuropunk.app and/or the Service.

Product

A good or service available for purchase through neuropunk.app, such as physical goods, digital files, etc.

The sale of Products may be part of the Service.

Service

The service provided by neuropunk.app, as described in these Terms and on neuropunk.app.

Terms

All provisions applicable to the use of neuropunk.app and/or the Service, as described in this document, including any other related documents or agreements that are updated from time to time.

User (or You)

Indicates any natural or legal person using neuropunk.app.

Consumer

Any User qualified as a natural person who accesses goods or services for personal use or, more generally, acts for purposes outside their trade, business, craft, or profession.

Updated: December 27, 2023