Delivery and return policy

**1. PARTIES**

This Agreement is entered into by and between the following parties under the terms and conditions set forth below:

A. **BUYER** (hereinafter referred to as "BUYER"):

- Name: …………………………………………………………………………
- Address: ……………………………………………………………………
- Email: ………………………………………………………………………

B. **SELLER** (hereinafter referred to as "SELLER"):

- Title: Auto Train Brain Inc.
- Email: info@autotrainbrain.com

By accepting this Agreement, the BUYER acknowledges and agrees that, upon confirming an order under this Agreement, they are obligated to pay the price of the order, as well as any additional fees, such as shipping fees and applicable taxes, and that they have been informed of such charges.

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**2. DEFINITIONS**

For the purposes of this Agreement, the following terms will have the meanings indicated:

- **SELLER:** Refers to Auto Train Brain Inc., offering goods or services to consumers as part of its business activities.
- **BUYER:** The individual or entity purchasing or using the products or services for personal or professional use.
- **PRODUCTS:** Refers to Auto Train Brain software, including a subscription for up to 3 users, with the term of the subscription specified on the invoice.
- **AGREEMENT:** Refers to this contract entered into between the SELLER and the BUYER.
- **GOODS:** Refers to both tangible and intangible goods, including software, sold under this Agreement.

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**3. SUBJECT**

This Agreement governs the rights and obligations of the parties regarding the sale, payment, and delivery of the product(s) specified in the BUYER’s order made in person or online to the SELLER. Prices and promotional offers may be subject to change unless expressly stated otherwise.

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**4. PRODUCT INFORMATION**

The essential features of the product, including Auto Train Brain software subscription and services, are listed on the SELLER's website.

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**5. GENERAL TERMS**

5.1 **Preliminary Information:**
The BUYER confirms that they have read and understood the essential features of the product, its price, payment method, and delivery terms provided by the SELLER. The BUYER has also reviewed and agreed to these terms before entering into this Agreement.

5.2 **Product Delivery:**
The SELLER undertakes to deliver the product(s) ordered, with appropriate user guides and documentation, in accordance with legal standards. The SELLER will ensure that the product meets quality and safety requirements.

5.3 **Software Subscription:**
The software is provided with a subscription, guaranteed for 365 uses within one year. The BUYER is responsible for obtaining any required hardware (e.g., EMOTIV headset). Any issues with hardware, including replacement or repair, must be resolved directly with the hardware manufacturer.

5.4 **Non-Performance:**
If the SELLER is unable to fulfill an order, it will notify the BUYER in writing within 3 days and refund any payments within 14 days.

5.5 **Consulting Services:**
The BUYER may opt for additional consulting services for a fee. These services are separate from the software subscription.

5.6 **Payment:**
If the product price is not paid or canceled for any reason, the SELLER's obligation to deliver the product will cease.

5.7 **Force Majeure:**
In the event of unforeseen circumstances beyond the parties' control, the SELLER will notify the BUYER, and the BUYER may request cancellation, replacement, or a delay in delivery. Refunds for cancellations will be processed within 14 days.

5.8 **Age Requirement:**
The BUYER confirms that they are over 18 years old.

5.9 **Health Disclaimer:**
The SELLER makes no claims that the product cures any medical conditions. The software is intended for neurofeedback training and is not a substitute for medical treatment. The BUYER assumes all responsibility for use under medical supervision where applicable.

5.10 **Metabolism-Related Issues:**
The BUYER acknowledges that underlying metabolic issues may affect the results of using the software. It is the BUYER’s responsibility to manage such conditions under a doctor’s supervision.

5.11 **Usage Instructions:**
The software should be used for 30 minutes, 3 to 14 times per week, with usage limited to twice daily. Results may be observed after 60 to 90 sessions.

5.12 **System Requirements:**
The software runs on iOS and Android phones meeting specific hardware requirements, such as Android version 10.0 or higher and 4GB RAM.

5.13 **Self-Installation:**
The product is designed for self-installation using the user manual and videos provided. Additional in-person support is available for a fee.

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**6. DATA PRIVACY**

6.1 **Personal Data:**
The SELLER may collect and process the BUYER's data for the purpose of providing services, fulfilling legal obligations, and improving its products. Data may include information such as the BUYER's username, email, date of birth, and gender.

6.2 **Data Processing Purposes:**
The SELLER may use the BUYER's data for neurofeedback training, EEG measurements, and service provision.

6.3 **Third-Party Sharing:**
The SELLER may share the BUYER's anonymized data with third parties, including medical professionals and cloud service providers like AWS, for purposes such as health research and product development.

6.4 **Rights of the BUYER:**
Under U.S. data privacy laws, the BUYER has the right to access, correct, or delete their personal data. They may also request that the SELLER ceases processing their data or withdraw their consent.

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**7. DATA CONSENT**

By entering into this Agreement, the BUYER consents to the collection, processing, and storage of their personal data as described above, in compliance with U.S. federal and state privacy laws.

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This contract will be interpreted and enforced under the laws of the State of [insert applicable state], USA. Both parties agree to submit to the jurisdiction of the courts in that state for any disputes arising under this Agreement.