Terms of Service
OVERVIEW
This website is operated by Healthy Grey Matters Inc. Throughout the site, the terms “we”, “us”, and “our” refer to Healthy Grey Matters Inc. Christine McAlister CGA offers this website, including all information, tools, and services available from this site and through any related mobile or desktop applications, software platforms, or digital services we provide to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, or by downloading, installing, accessing, or using any of our mobile or desktop applications or software, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”, “Terms of Service”). These Terms apply to all users of the site and any associated applications or software, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website or any of our applications or software. By accessing or using any part of the site or software, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the website or to our applications or software shall also be subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website or software. Your continued use of the website or applications following the posting of any changes constitutes acceptance of those changes.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
Headings used in these Terms are included for convenience and do not limit the scope of the agreement.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site or within our applications is not accurate, complete, or current. The material is provided for general information only and should not be used as the sole basis for decisions without consulting primary, more accurate, or more timely sources.
Historical information may be included for reference only. We have no obligation to update content, and you agree it is your responsibility to monitor changes.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time.
We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations.
OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control.
You acknowledge and agree that such tools are provided “as is” without warranties or endorsement. Any use by you of optional tools is entirely at your own risk.
New features or tools offered through the website or our applications will also be subject to these Terms.
GENERAL USE OF SOFTWARE, MOBILE APPLICATIONS, AND DIGITAL SERVICES
By using any Healthy Grey Matters Inc. mobile or desktop application, digital tool, or related software service (“Software Services”), you acknowledge that these Terms apply equally to your use of such Software Services.
You understand and agree that:
Software Services may require device permissions such as Bluetooth, sensors, notifications, or network access.
We may provide automatic updates or patches. Continued use constitutes acceptance.
Data collected through Software Services is governed by our Privacy Policy.
Use of third-party platforms (e.g., App Store, Google Play) requires compliance with their terms.
Any reference to the “Service” in this agreement includes our website, software, applications, tools, and digital services.
ELIGIBILITY (a) By installing, downloading, copying, accessing, or using the Software or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You may use the Software and the Services only if:
You can form a binding contract with us
You comply with all applicable laws
You are at least eighteen (18) years of age
You represent and warrant that you are legally permitted to use the Software and Services and understand the risks associated with doing so.
LICENSE GRANT (b) We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software for your personal or internal business purposes.
Restrictions include (summarized for clarity):
No resale, sublicensing, renting, leasing, or commercial exploitation
No modification, reverse-engineering, or derivative works
No unauthorized access or security breaches
No scraping, crawling, or automated data collection
No exporting in violation of applicable laws
We reserve all rights not expressly granted.
USER-GENERATED CONTENT (c) “User Content” includes any text, feedback, data, EEG recordings, or materials submitted by you.
You represent that your User Content:
Does not infringe third-party rights
Does not violate laws
Does not contain harmful or offensive material
PERSONALLY IDENTIFIABLE USER GENERATED DATA (d) You grant us a revocable, non-exclusive license to use Personally Identifiable User Data only as required to deliver the Software and Services.
NON-PERSONALLY IDENTIFIABLE USER DATA (e)You grant us a perpetual, irrevocable license to use, modify, and commercialize Non-Personally Identifiable Data.
NO REPRESENTATION REGARDING LOCAL LAWS (f) You are solely responsible for ensuring your use of the Software complies with all applicable laws in your jurisdiction.
TRAINING COURSES, PROGRAMS, AND SERVICES (g) All training materials are provided “as is.” Custom training requires your cooperation, timely information, and participation. aOwnership of training materials remains with us.
ACCOUNTS
You agree to:
Maintain accurate account information
Keep your login credentials secure
Notify us of unauthorized access
We may suspend or terminate accounts for inaccurate information or misuse.
USER CONDUCT
If you use the Software irresponsibly or violate the Terms, we may remove content, suspend your access, or terminate your account without notice.
We are not responsible for user disputes or interactions.
FEES AND PAYMENT TERMS
Includes:
Upfront payments unless otherwise stated
Interest on overdue balances
Taxes
Non-circumvention of fees
Gift/promotional code rules
Audit rights
SWITZERLAND OPERATIONS
(a) New Accounts. As of November 1, 2025 if you are a new customer with a business that is resident or otherwise operates in the country of Switzerland, you must work with and under the supervision of Neuroflex. Neuroflex is an operating partner organization in Switzerland with the authority to deliver, operate and administer the Services. You must create your account with Neuroflex in order to operate within the geographical boundaries of Switzerland. Please contact Neuroflex directly for service (neuroflex.ch). We reserve the right to cancel and/or remove any account that is found to be directly using the Services to operate in Switzerland in contravention of this clause. (b) Existing Accounts. If your account existed prior to November 1, 2025 and you are already providing service in Switzerland then you are not required to work directly with Neuroflex. However, you will be limited to operating in the cantons of Geneva, Vaud, Neuchâtel, and Jura (the “French Cantons”). If you wish to use the Services to expand into Switzerland or to work with clients outside of the French Cantons, you must contact Neuroflex and open an account with them. We reserve the right to cancel your account or remove any data associated with your account, or any part thereof, if we determine, in our sole discretion, that you have expanded your services into Switzerland or are otherwise providing service in Switzerland but outside of the French Cantons.
INTELLECTUAL PROPERTY
The Software and the Services are protected by copyright, patent, trademark, trade secret and other intellectual property rights and laws. As between you and us, we retain all right, title, interest, ownership and intellectual property rights in and to the Software and the Services. The License confers no title or ownership in the Software or the Services and is not a sale of any rights in the Software or the Services. The License does not grant you any right to any enhancement or update to the Software and the Services. We reserve any and all rights not expressly granted to you. The Software and/or Services may incorporate third-party intellectual property or open source code.
CONFIDENTIALITY AND PUBLICITY
In connection with the Software and the Services provided to you under this Agreement, you may, from time to time, be exposed to and may be furnished with certain information, material or data relating to the Software and the Services that are either specifically identified as confidential before or at the time of disclosure or would reasonably be considered confidential and/or proprietary to us (“Confidential Information”). During the term of this Agreement and for a period of five (5) years thereafter, you will keep confidential and not reveal or disclose to any third party any such Confidential Information. You will be directly liable for the acts or omissions of your employees, agents, contractors and other authorized parties with respect to such confidentiality obligations. You agree to protect the Confidential Information with the same standard of care and procedures which you use to protect your own trade secrets, proprietary information and other confidential information and, in any case, not less than a reasonable standard of care. Confidential Information includes, without limitation: (a) any test results relating to the Services; (b) the Software source code; (c) technical specifications related to the Services; (d) any non-publicly available pricing; and (e) except for User Content, all technology, know-how, algorithms, testing procedures, software, structure, interfaces, specifications, reports, analysis and other technical information learned, accessed or derived by you pursuant to this Agreement or pursuant to your use of or access to the Software and/or the Services. Except where you are merely evaluating the Software or the Services, you agree that we will have the right to issue a press release or otherwise publicize your use of the Software or the Services and use your logo on our websites and other marketing materials.
NOT MEDICAL DEVICES OR SERVICES
(a) For Information Purposes Only Content generated or found through the Software, the Services, or our products is for informational purposes only and is not intended to replace the relationship between you and your physician, healthcare provider or other professional you are working with (collectively, “Professionals”). You acknowledge and agree that our products, the Software and the Services, are not medical devices or medical services, and we are not a licensed medical or healthcare provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind. (b) Physical Symptoms In rare cases, people may experience seizures or blackouts due to exposure to flashing lights and patterns created by the display of certain applications on mobile or other similar devices used in conjunction with the Software or the Services. If you have done so, or have experienced any nausea, involuntary movements, tingling, numbness, or vision issues while using such devices in the past, you should consult with an appropriate Professional before using similar applications and should immediately cease all such use of such applications should the symptoms recur. In any event, you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain.
SUPPORT TO END USERS
Unless otherwise agreed to in writing by us, we shall not be responsible for supporting any End Users of the Services. You shall ensure that you and/or your designee support all End Users of the Services, including, at a minimum, answering and responding to telephone calls and email, logging calls and messages, problem determination and providing known work-arounds and solutions to problems. You shall use reasonable efforts to ensure all
End Users contact you and/or your designee directly for support. If, notwithstanding such efforts, we are being contacted by a significant number of End Users, you and I will cooperate to develop procedures and practices to minimize such contact.
THIRD-PARTY LINKS AND INFORMATION
The Services may contain links to third-party materials that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access a third-party website or service from the Services on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such websites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
TERMINATION
This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Software and destroying all copies of the Software in your possession or control and ceasing to use all Services. We may terminate this Agreement immediately upon notice to you for any or no reason. The Agreement will terminate immediately without notice from us if you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you agree to immediately uninstall the Software and destroy all copies of the Software and cease using all Services.
INDEMNITY
You agree to defend, indemnify and hold harmless us and our suppliers, partners, licensors, dealers, representatives, associates or affiliates, and each of their respective employees, contractors, agents, advisors, representatives, shareholders, officers and directors (collectively, the “Thrive Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees and disbursements) arising from: (a) your use of and access to the Software or the Services, including any act or omission by you or users of your account or any data or content transmitted or received by you; (b) your violation of any term of this Agreement, (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any Applicable Laws; (e) any User Content that you submit to the Software or the Services including without limitation misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of the Software or the Services with your Account Information. You will cooperate as fully as reasonably required in the defense of any claim.
NO WARRANTY
The Software and the Services are provided on an “as is”, “as available” and “with all faults” basis. Use of the Software and the Services is at your own risk. To the maximum extent permitted by Applicable Laws, the Software and the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from a Thrive Party or through the Software or the Services will create any warranty not expressly stated herein. Without limiting the foregoing, the ThriveParties do not warrant that the content is accurate, reliable or correct; that the Software and the Services will meet your requirements; that the Software and the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Software and the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Software or the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Software or the Services.
DISCLAIMER
None of the Thrive Parties will have any responsibilities or liability with respect to the following: (a) the Software or the Services could be impacted by one or more regulatory inquiries or actions, which could prevent or limit our ability to continue to develop or provide the Software or the Services, or for you and your users to use the Software or the Services, (b) we have no obligation to update the Software, the Services or each of their underlying platforms and networks to address, mitigate, or remediate any security or other vulnerabilities in the Software or the Services, or such platforms or networks, and (c) portions of the Software or the Services or any other underlying networks and platforms may rest on open-source software, and there is a risk that weaknesses or bugs that may be introduced in the infrastructural elements of the Services or any other underlying networks and platforms, which may result in security vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.
ASSUMPTION OF RISK & LIMITATION OF LIABILITY
You acknowledge and agree that we do not warrant that the Software is error free. You expressly agree that you assume all risk in connection with your access and use of the Software and the Services.(b) Limitation of Liability You also agree that to the maximum extent permitted by Applicable Laws, in no event shall any Thrive Party be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Software or the Services. Under no circumstances will any Thrive Party be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Software, the Services or the information contained therein. To the maximum extent permitted by Applicable Laws, we assume no liability or responsibility for (a) the installation, download, copying, access to or use of the Software or the Services, (b) any errors, mistakes, or inaccuracies of content; (c) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Software or the Services; (d) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (e) any interruption or cessation of transmission to or from the Software or the Services; (f) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Software or the Services by any third party; (g) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Software or the Services; and (h) User Content or the defamatory, offensive, or illegal conduct of any third party. You agree that if, notwithstanding the other provisions of this Agreement, a Thrive Party is found to be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs, such Thrive Party’s liability shall in no event exceed the amount paid by you for the Software or the Services in the one (1) month immediately preceding the event giving rise to your claim, if any.
Questions about the Terms of Service should be sent to us at info@healthygreymatters.com.