Last updated: August 10, 2020
Please read this End User License Agreement (“EULA”) before You download and use the pNeura App.
Definitions
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- “pNeura“: pNeura Pty Ltd., 4 Mathilde Rd, Surrey Hills Victoria Australia 3127 ABN: 61 140 038 919 (“us”, “we”, or “our”);
- “Use“: the access, download, install or get benefit from using the pNeura App in accordance with the documentation;
- “You“: you, the final and ultimate user of the pNeura App;
General
By downloading and using the pNeura App, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not download and use the pNeura App.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with pNeura.
This End User License Agreement (“Agreement”) is between you and pNeura and governs use of this app made available through the Apple App Store. By installing the pNeura App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the pNeura App.
This EULA may be modified from time to time. pNeura will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the registration on the pNeura App. Any modifications to this EULA shall only apply upon acceptance by You.
Acknowledgement
Please note that these Terms are between us and you, not Apple. We are solely responsible for the pNeura App and any content produced on it.
If there are any conflicts between these Terms and the Apple Store Terms of Service, the Apple Store Terms of Service will apply.
Permitted use and restrictions
You shall Use the pNeura App in accordance with applicable laws and shall not:
- Use the pNeura App for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
- copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the pNeura App or any parts thereof, except to the extent permitted by applicable law;
- post objectionable content in any section of the pNeura App;
pNeura may modify the pNeura App at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide upgrades.
Scope of License
The licence granted to you in these Terms to use the pNeura App is for use on Apple-branded products, owned or controlled by you. The pNeura App may be used or accessed by other accounts associated with you via Family Sharing or volume purchasing.
We’re giving you personally the right to use the pNeura App as set out above (*“Permitted use and Restrictions”*). You can’t transfer the pNeura App to someone else, whether for money, for anything else or for free. And if you sell any device on which the pNeura App is installed, you must remove the pNeura App first. You must also keep all passwords secure and not provide this information to anyone else.
Maintenance and Support
If you need any support with respect to the pNeura App, please contact us, not Apple as they are under no obligation to help with any support or maintenance questions arising out of use of the pNeura App.
Warranty
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
pNeura is not liable for loss or corruption of data, loss of revenues, loss of goodwill or anticipated sales or savings or interruption to business or wasted management/administrative time.
pNeura will not be liable to You (or any other person) for any Indirect Loss arising from a breach of this agreement.
pNeura excludes to the extent permitted by Law all other terms, conditions, warranties and guarantees which might be implied into these terms and conditions.
To the extent permitted by Law, pNeura’s sole liability for breach of contract, breach of statutory duty, negligence or other tort shall not exceed the amount of fees paid by You to pNeura in the 12-months prior to the date of the claim.
In the event of any failure of the pNeura App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the pNeura App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the pNeura App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Product Claims
We are responsible for addressing any claims from you or any third party relating to the App or the end- user’s possession and/or use of the pNeura App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the pNeura App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with pNeura’s use of the HealthKit and HomeKit frameworks.
Intellectual Property Rights
In the event of any third party claim that the pNeura App or your possession and use of the the pNeura App infringes that third party’s intellectual property rights, the pNeura App, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance
You represent and warrant that
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the pNeura App.
Third Party Beneficiary
Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
Privacy
pNeura may collect and use information about your usage of the pNeura App, including certain types of information from and about your device. pNeura may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the pNeura App.
pNeura may process personal data with respect to You, if and to the extent necessary to provide maintenance and support to You with respect to the pNeura App and to comply with its obligations under this EULA. To the extent pNeura will process personal data, it will comply with its obligations under applicable data protection law. Please see our [privacy statement](https://www.pneura.com/terms/privacy-policy) for more details on the processing of Your personal data that pNeura has collected and received through the pNeura App.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of pNeura Pty Ltd and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by pNeura Pty Ltd.
pNeura Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that pNeura Pty Ltd shall not 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 or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Subscriptions
Our Service is free to join so you can follow your favourite companies and their updates. Or you can upgrade to an ‘Entrepreneur’ or ‘Investor’ subscription to unlock additional valuable features.
Entrepreneur Subscription: when you subscribe as an Entrepreneur you can define your company within the Service and post updates on your companies growth and achievements to your followers. The Service provides many templated signposts that you can choose from and add detail to that signal progression on the entrepreneurial journey, from product releases, to new hires, from metrics and goals achieved to strategy updates and pivots and many more.
Investor Subscription: when you subscribe as an Investor you can find and follow companies that fit your investment profile, by region, industry or by particular metrics eg velocity metrics such as revenue growth. Follow their progress and review their metrics. Select the metrics that you deem crucial for your key companies and build up your own private dashboard.
Before starting an Entrepreneur or Investor subscription, you’ll see the price for each subscription type. This amount will be charged to your iTunes account at confirmation of purchase and on renewal and will vary by subscription type and country. pNeura subscriptions renew monthly. Your account will charged for renewal 24 hours before the end of your current billing period. To avoid auto-renewal, turn it off at least 24 hours before your subscription renews. You can turn off auto-renewal anytime time from your iTunes account settings. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Developer Name and Address
Please contact us using the details below for any end-user questions, complaints or claims with respect to the pNeura App.
Name: pNeura Pty Ltd
Address: 4 Mathilde Rd, Surrey Hills VIC Australia 3127
Email: hello@pneura.com
Contact Us
If you have any questions about these Terms, please contact us at https://pneura.com/contact/.