Terms and Conditions

1. Acceptance of Terms

Welcome to Pinguis Vir. By accessing or using our services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.

These Terms and Conditions constitute a legally binding agreement between you and Pinguis Vir regarding your use of our subscription-based protocol services.

2. Services Description

Pinguis Vir provides subscription-based access to AI-driven transcranial photobiomodulation (tPBM) protocols. Our services include:

• Access to AI-generated tPBM protocols
• Client management tools
• Protocol customization based on QEEG data (where applicable)
• Digital platform for protocol delivery and tracking

Our services are designed for healthcare professionals and individuals seeking to utilize photobiomodulation technology for wellness purposes.

3. Hardware Disclaimer

IMPORTANT: Photobiomodulation helmets and hardware devices are NOT sold, warranted, or supported by Pinguis Vir.

All hardware devices, including but not limited to the Neuronic Light and Neuradiant 1070 helmets, are purchased directly from third-party manufacturers such as Neuronic. Any warranties, support, returns, or hardware-related issues must be addressed directly with the hardware manufacturer.

Pinguis Vir is solely responsible for providing software-based protocol services and makes no representations or warranties regarding the safety, efficacy, or performance of any hardware devices.

For hardware purchases, warranties, and support, please contact the manufacturer directly at www.neuronic.online.

4. Subscription Terms

4.1 Payment

By subscribing to our services, you agree to pay all applicable fees associated with your chosen subscription plan. Fees are charged in advance on a recurring basis (monthly or annually, depending on your plan).

4.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. You authorize us to charge your payment method for renewal fees.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at dreagle@braincoresystems.com. Cancellation will take effect at the end of your current billing period.

4.4 No Refunds

All subscription fees are non-refundable. Once payment is processed, no refunds will be issued for partial subscription periods, unused services, or early cancellation.

5. User Accounts

To access our services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these terms or are inactive for extended periods.

6. Privacy and Data Collection

We collect and process personal information in accordance with our Privacy Policy. By using our services, you consent to our collection and use of data as described in the Privacy Policy.

Our services use tracking technologies including cookies, analytics tools, and user authentication systems to provide, improve, and secure our platform. This data helps us understand how our services are used and to enhance user experience.

For detailed information about our data practices, please review our Privacy Policy.

7. Intellectual Property

All content, protocols, software, designs, text, graphics, and other materials provided through our services are owned by Pinguis Vir or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our services for your personal or professional use in accordance with these terms. You may not:

• Copy, modify, or distribute our proprietary content or protocols
• Reverse engineer or attempt to extract source code from our software
• Remove or alter any copyright, trademark, or proprietary notices
• Use our services to create competing products or services

8. User Responsibilities and Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these terms. You agree not to:

• Use the services in any way that violates applicable laws or regulations
• Share your account credentials with others
• Transmit any malicious code, viruses, or harmful materials
• Attempt to gain unauthorized access to our systems or other user accounts
• Use automated systems or software to extract data from our services
• Impersonate any person or entity or misrepresent your affiliation

If you are a healthcare professional, you agree to use our protocols in accordance with applicable professional standards, regulations, and within your scope of practice.

9. Medical Disclaimer

IMPORTANT: Pinguis Vir services are intended for general wellness purposes only and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Our protocols and services do not constitute medical advice. You should consult with a qualified healthcare professional before beginning any new health regimen or treatment protocol.

If you are a healthcare professional using our services with your clients or patients, you maintain full responsibility for all clinical decisions and the application of our protocols within your practice.

Individual results may vary. We make no guarantees regarding the effectiveness or outcomes of using our protocols.

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINGUIS VIR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your access to or use of (or inability to access or use) our services
• Any conduct or content of any third party on our services
• Any content obtained from our services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pinguis Vir and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of our services
• Your violation of these Terms and Conditions
• Your violation of any rights of another person or entity
• Your use of protocols with clients or patients (if applicable)

12. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these terms or our services shall be resolved exclusively in the state or federal courts located in South Carolina, and you consent to the personal jurisdiction of such courts.

13. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. We will notify users of any material changes by posting the updated terms on our website and updating the "Last Updated" date.

Your continued use of our services after any changes to these terms constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you must discontinue use of our services.

14. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.

15. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Pinguis Vir concerning your use of our services.

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us at: