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PRIVACY POLICY
Last modified: November 20, 2018
Introduction
Bellabee, Inc. doing business as Bellabee? (“we”, “our”, “us”) is committed to protecting and respecting your privacy. We are a company incorporated in Delaware, US, with a registered office at  #106 East Sixth Street, Suite 900, Austin, Texas 78701, US. For the purpose of the General Data Protection Regulation (the “GDPR”), we are the data controller.
This privacy policy (“Privacy Policy”) describes how we collect and use the personal information you provide when using our Service. The term “Service” includes the Bellabee products and devices (a “Bellabee Device”), the Bellabee website currently available at www.bellabee.us (and any successor site) (the “Bellabee Site”), the  Bellabee mobile application (the “Bellabee App”) and related content, software, applications, widgets, materials and/or services made available by us. For the purposes of this Privacy Policy the term “you” refers to you, as a user of the Service. Capitalized terms not defined in this Privacy Policy have the meanings set forth in the Terms of Service. This Privacy Policy adheres to the Privacy Shield Principles.
This Privacy Policy also describes the choices available to you regarding our use of your personal data and usage information, how you can access and update this data, and what we will retain even if you decide to delete the Service or stop using the Service. Your use of the Service indicates that you acknowledge our collection, storage, use and disclosure of your personal data and other information as described in this Privacy Policy and agree to our Terms of Service. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with this Privacy Policy in general or any part of it or do not agree to the Terms of Service, you should not use the Service.
Information We Collect and How We Collect It
When you use the Service you provide us with three types of information: (i) information you submit via the Service; (ii) information regarding your use of the Service collected by us as you interact with the Service; and (iii) information about your use of third party mobile applications available through your mobile device.
We collect and/or request information in two ways:
  1. Information you give us
Purchase and Account Information
You must register for an account in order to access the Bellabee App. By registering for the Bellabee App, you agree that we will have access to your email address. By purchasing a Bellabee Device, you agree that we will have access to your purchase information comprising your name, shipping address, country, language and other necessary information to provide you with the Bellabee Device.
We may also collect from you the following personal information about your contacts: name and address in order to fulfill a purchase order. When you provide us with personal information about your contacts, we will only use this information for the specific reason for which it is provided.
If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at [email protected]
As it is in our legitimate interests to be responsive to you and to ensure the proper functioning of the Service, we will use your account and purchase information to:

• provide the Service to you;
• communicate with you about the Service;
• personalize the Service for you; provide technical support;
• secure your account and protect against fraud;
• enforce our Terms of Service; and
• if you have opted in to marketing, invite you to test future versions of the Service and communicate with you about products, services, promotions, events and other news and information we think will be of interest to you.

2. Information we get from your use of the Service
Bellabee Device Data
When you access and use the Service, we collect the data you submit to or through the Service. This data includes information on the amount or type of Neuropriming delivered, impedance and other device performance information. When you sync your Bellabee Device through the Bellabee App, data recorded on your Bellabee Device about your activity is transferred from your Bellabee Device to our servers in the US. This data is stored and used to provide the Service and is associated with your account. Each time a sync occurs, we log data about the transmission. Some examples of the log data are the sync time and date, device battery level, and the IP address used when syncing.
Technical Information
When you access and use the Service, we automatically collect the data sent to us by your computer, mobile phone, or other access device. This information includes your IP address, browser type, Internet service provider (ISP), hardware model, referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system version, unique device identifiers, mobile network information, date/time stamp and/or clickstream data to analyze trends in the aggregate and administer the Bellabee Site…
We also automatically collect usage information, such as the number and frequency of visitors to the Bellabee Site. We may use this data in aggregate form—that is, as a statistical measure—but not in a manner that would identify you personally. This type of aggregate data enables us, and third parties authorized by us, to figure out how individuals use the Service so that we can improve it accordingly.
As it is in our legitimate interests to process your data to provide an effective Service and useful content to you, we collect the data from your Bellabee Device and the technical information in order to:

• customize and optimize the content you receive when you use the Service and otherwise improve your experience on the Service;
• troubleshoot the Service and provide technical support;
• detect and protect against error, fraud or other criminal activity;
• monitor and analyze trends, usage and activity in connection with the Service; and
• conduct data analysis, testing, research and statistical analysis.

Information Collected Using Cookies and Web Beacons
We use cookies or similar technologies to analyze trends, administer the Bellabee Site, track users’ movements around the Bellabee Site, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on the Bellabee Site or Service.
“Cookies” are small data files that are sent to your web browser when you access a website. The files are stored on your device’s hard drive. We use “session” cookies to keep you logged in while you use our Service, to track your preferences and to track trends and monitor usage and web traffic information on our Service. We use “persistent” cookies to relate your use of our Service to other information about you and store information about your preferences to make your user experience consistent and customized.
Cookies help us to improve the Service. You can change your settings on your browser settings to refuse cookies or prompt you before accepting cookies.
We may also use “clear GIFs” (also known as “web beacons” or “pixel tags”) or similar technologies on our Service or in our communications with you to enable us to know whether you have visited a part of our Service or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a website or in an email or other type of message, which is retrieved from a remote website on the Internet enabling the verification of an individual’s viewing or receipt of a website or message. We may also log information using digital images called web beacons on our Service or in our emails. We may use web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We may also use web beacons to tell if you open or act on our emails. We do not track our users across third party websites and thus do not respond to Do Not Track (“DNT”) signals.
We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Bellabee Site. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use the Bellabee Site. This information is used to compile reports and to help us improve the Bellabee Site. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit the Bellabee Site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.
This Privacy Policy only covers our use of cookies and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.
Mobile Application
When you download and use our Bellabee App, we may automatically collect information on the type of device you use, operating system version and the device identifier (or “UDID”).
Push Notification
When you access the Bellabee App, you may also be asked to allow push messages to be sent to you outside or inside of the Bellabee App. If you do so a device token will be generated, which is associated with you until you log out. We will collect and store these device tokens on our servers in the US.
You have control over any settings related to the push messages, and can opt in or out of any push messages.
We do not ask for access or track any location-based information from your mobile device at any time while downloading or using the Service.
We use mobile analytics software to allow us to better understand the functionality of the Bellabee App on your phone. This software may record information such as how often you use the Bellabee App, the events that occur within the Bellabee App, aggregated usage, performance data, and where the Bellabee App was downloaded from. We do not link the information we store within the analytics to any personal information you submit within the Bellabee App.
Behavioral Advertising
We partner with a third party to [display advertising on the Bellabee Site and to manage our advertising on other sites]. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here [or if located in the European Union click here]. Please note you will continue to receive generic ads.
Our Use of Your Aggregated Information
We are committed to furthering scientific research in the fields of neuromodulation, sports science, and human performance. Consequently, we may share, analyze, publish or sell aggregated data, with partners and the public in a variety of ways, such as by publishing scientific papers on topics related to Neuropriming, publishing reports about athletic performance, or providing guidance to consumers or partners regarding best practices.
IMPORTANT: Even if you delete the Bellabee App, close your account or stop using the Service, we will retain the data collected from your use of the Bellabee Device, including data recorded on your Bellabee Device about your activity. However, we will use such information only in aggregated form.
Sharing your Data with Third Parties
We do not sell, rent or lease your personal data to others except as described in this Privacy Policy. We only share your information with our third party vendors who support us in providing the Service. These companies are authorized to use your personal information only as necessary to provide their services to us. These recipients include Alphabet Inc., Facebook Inc., Apple Inc., Weebly Inc.
We also use third-party payment providers to process payments you make in respect of the Service. These third parties will have their own privacy policies addressing their use of your personal data in order to process your payments. Please check these policies before you submit any information to those third parties.
We will share your personal data if legally required in response to a valid law enforcement request or legal process, to protect our rights and property or those of third parties, or as otherwise permitted or required by law.
Additionally, we may disclose your personal data:

• if we believe there is a serious and imminent threat to the life, health or safety of yourself or another person;
• to investigate or report on activity which we believe on reasonable grounds to be unlawful;
• if disclosure is required or authorized by law (for example, in response to a subpoena or where a regulatory authority has the power to request the provision of certain records or information);
• if disclosure is reasonably necessary to enable an enforcement body to perform its functions, for example the prevention, detection, investigation, prosecution or punishment of criminal offenses, or the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal; or
• if we have a good faith belief that such use is reasonably necessary to protect our legal and legitimate business interests.

Business Transfers
As we continue to develop our business, we may sell, transfer or otherwise share your personal data in connection with a merger, reorganization, bankruptcy or sale of our company. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless the customer agrees otherwise). Also, in the event that we are acquired or substantially all of our assets are acquired, customer information will likely be one of the transferred assets. Any acquirer of ours or that acquirer’s assets may continue to receive, store, and process your information as set forth in this Privacy Policy. We may provide access to your information as part of diligence or review processes conducted by potential acquirers, entities providing financing to them or us and their advisors. It is within our legitimate interests to share data in this manner and we will take the necessary steps to ensure the ongoing protection of your data in accordance with the terms of this Privacy Policy.
Transfer of your Personal Data outside the European Economic Area
The information that we collect from you will be transferred to and stored at/processed in the United States by us or our third party vendors (see “Sharing your Data with Third Parties”). The people processing your personal data are engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy.
As we are a US based company, we require the transfer of your personal data to the US in order for us to provide you with our Service. By using the Bellabee Site and/or Bellabee App, you acknowledge this use of your data for the purpose of our performance of the contract with you. If you are based in the European Union and you do not agree to the transfer of your data outside of the European Economic Area (the “EEA”), please stop using our Bellabee Site and Bellabee App. If you order a Bellabee Device, we will need to transfer your data outside of the EEA in order to fulfil your order and meet our contractual obligations to you.
When we transfer your personal data to third parties located outside of the EEA, such transfers will either (i) be under the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and 2010/87/EU; or (ii) in reliance on the EU-US Privacy Shield Framework. Please contact [email protected] if you would like to see a copy of the standard contractual clauses.
EU-US Privacy Shield and Swiss-US Privacy Shield
Bellabee, Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European (EU) member countries and Swizerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List.
Bellabee, Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Bellabee, Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Bellabee, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Protecting Your Information
We have implemented policies and procedures, including technical and organizational measures, that are designed to help safeguard your information from unauthorized access, use or modification. However, unfortunately the transmission of information via the internet or email is not completely secure and we cannot guarantee the security of your information transmitted through the Service or over email; any transmission is at your own risk. We advise you that we believe a persistent attacker with sufficient resources would be able to defeat the security measures we have in place.
We will, from time to time, host links to and from the websites of our affiliates or third parties. If you follow a link to any of these websites, these websites will have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to those websites.
Retention of your Personal Data
We will retain your personal data as follows:

• purchase and account information: for the period that you are using the Service as an active user and as reasonably necessary to comply with our legal obligations, allow us to resolve and litigate disputes, and to enforce our Terms of Service; and
• the Bellabee Device data that you submit to or through the Service: for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Service.

As explained above under “Our Use of Your Non-Identifiable Information”, after you have terminated your use of the Service we will store your information in a non-identifiable, aggregated form.
Your rights
You have the right to ask us to access the personal data we hold about you and be provided with certain information about how we use your personal data and who we share it with. You also have the right to ask us to correct your personal data where it is inaccurate or incomplete and we will endeavor to do so without undue delay.
In certain circumstances, you have the right to ask us to delete the personal data we hold about you:

• where you believe that it is no longer necessary for us to hold your personal data;
• where we are processing your personal data on the basis of legitimate interests and you object to such processing and we cannot demonstrate an overriding legitimate ground for the processing; or
• where you believe the personal data we hold about you is being unlawfully processed by us.

In certain circumstances, you have the right to ask us to restrict (or stop any active) processing of your personal data:

• where you believe the personal data we hold about you is inaccurate and while we verify its accuracy;
• where we want to erase your personal data as the processing is unlawful but you want us to continue to store it;
• where we no longer need your personal data for the purposes of our processing but you require us to retain the data for the establishment, exercise or defense of legal claims; or
• where you have objected to us processing your personal data based on our legitimate interests and we are considering your objection.

To exercise any of these rights above, please contact us at [email protected] In addition, you have the right to complain to the data protection supervisory authority in your country.
Please note that these rights are limited, for example, where fulfilling your request would adversely affect other individuals, where there are overriding public interest reasons or where we are required by law to retain your personal data.
Email/Newsletter Preferences
You may sign up to receive email, newsletters or other communications from us. If you would like to discontinue receiving such communications, you may update your email preferences by [using the unsubscribe link found in emails we send to you or at your member profile on our website or by contacting us at [email protected]
Children’s Information
The Service is not directed to children and is not intended for any persons under 18 years of age. Moreover, we do not knowingly collect personal data from subjects under 13 years of age. If a parent or guardian becomes aware that his or her child has provided us with personal data without their consent, please contact us at [email protected] If we become aware that a member is under the age of 13 and has provided us with personal data, we will delete such information from our file.
California Residents
California residents may choose to request certain information regarding our disclosure of Personally Identifiable Information to third parties for their direct marketing purposes or choose to opt out of such disclosure. Personally Identifiable Information is defined under US law and is information that, taken alone, identifies you and can be used to contact you online or offline. To make a request or to opt out at any time, please contact us at [email protected] or the other contact information provided below. Our policy is not to disclose Personally Identifiable Information collected online to a third party for directing marketing without your approval.
Complaints
In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at [email protected] and we will endeavor to deal with your request. This is without prejudice to your right to lodge a complaint with the data protection supervisory authority in your country.
Changes to Privacy Policy
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. It may be necessary from time to time for us to modify this Privacy Policy to reflect changes in the way we collect and use information or changes in privacy-related laws, regulations, and industry standards. Accordingly, we reserve the right to change this policy at any time by posting the revised policy on the Service and updating the “last modified” date at the top of this page. If the changes are material, we will include “recently updated” next to the link to this policy on the Service. We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current privacy policy. If revisions to the Privacy Policy are unacceptable to you, you must cease using the Service (including the Bellabee Device).
Contact Us
Questions, comments and requests regarding this policy are welcomed and should be addressed to [email protected] or Bellabee, Inc.  #106 East Sixth Street, Suite 900, Austin, Texas 78701, US.?
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​The Bellabee 45 Day Guarantee! 

We always accept returns if you’re not 100% satisfied with your experience (see below). But if you just need a bit of help getting started, we’re here for you! Not sure if your Bellabee is working? Haven’t noticed any improvement after using Bellabee for a few sessions? Let us know what issue you’re facing and we can solve it together!

COMMUNITY SUPPORT

We Have Solutions!The below options will get you back on track 98% of the time, if you are still having issues please don’t hesitate to reach out as we would be more than happy to assist.

Please send returns to:Bellabee- ATT EVA HERNANDEZ
c/o Selery Fulfillment
1809 W Frankford Rd. #160
Carrollton, TX 75007
469-687-7107

Bellabee helps to reduce the symptoms of brain disorders, it does not cure them. Its job is to alleviate the symptoms that occur with them. Insomnia, lack of concentration, or, conversely, increased hyperactivity, helps to restore normal balance of brain oscillations . Because these occur in different forms and initial states, we have prepared these programs for several mental illnesses separately. Naming Bellabee in the same sentence with any disease does not mean, and should not be understood, that Bellabee with the program in question cures and eliminates the disease, it only helps to alleviate the associated symptoms that are different in each disease.

Bellabee gently coaxes the natural frequencies of your brain and body to speed up, slow down or integrate overall brain functions,  change the heart rate, blood pressure and respiratory rates to match your desired mood, enabling you to sleep, focus, relax, or hack into peak flow states.

The content on the internet site has not been evaluated by the FDA. Bellabee© is intended for beneficial effects as set forth in the device and application directions and instruction literature. Bellabee© is designed to complement other therapies and users should consult with their providers to ensure that the use of Bellabee© is not contraindicated. Bellabee© does not claim to diagnose, treat, cure, or prevent any medical condition. Always consult your medical doctor regarding any health concerns. Do not reduce or stop taking medications without talking first with your prescribing physician. The use of a pEMF device is contraindicated for people with epilepsy, bleeding, implanted pacemakers, or women who are or might be pregnant.

Effective as of November 20, 2018
These terms of sale (the “Terms”) apply to all orders accepted by Bellabee, Inc. (“Bellabee”) for the sale of neuro-wellness products (the “Bellabee product”), except in the case that you and Bellabee have executed a written agreement that supersedes these Terms.
For purposes of these Terms, the terms “we,” “us” and “our” refer to Bellabee. “You” refers to you, as a user of the Bellabee Device.
1. Orders
When placing an order through the Bellabee website available at www.Bellabeeneuro.com (or any successor site) (the “Bellabee Site”), we’ll ask you for your name, e-mail address and other information so that we can fulfil your order. When you place an order, Bellabee’s third-party payment service provider will collect your credit card details and charge your credit card account in connection with the order, and you agree to make all applicable payments in connection with any order placed by you. Bellabee does not view or store your credit card information. For more information on Bellabee’s data use practices, please see our Privacy Policy.
By placing an order, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed.
Your use of the Bellabee Device is subject to our Terms of Use. You warrant that all individuals using the Service under your account or under any guest account permitted under your account (e.g., whereby you give guest account access to such individual) (in each case, an “Authorized Individual”) will comply with the Terms of Use and you hereby agree to indemnify and hold each of the Bellabee Parties (as defined in the Terms of Use) harmless from and against any and all liabilities, expenses, damages, losses, fines or penalties (including reasonable attorneys’ fees) incurred by the Bellabee Parties in connection with any claims, causes of action or demands against the Bellabee Parties (including any claims, causes of action or demands brought by Authorized Individual) arising out of such Authorized Individual’s use of the Service and any breach by such Authorized Individual of the Terms of Use.
2. Products and Services
Each order of a Bellabee Device shall include the products described on the Bellabee Site at www.bellabee.us
3. Pricing
Prices listed through the Bellabee Site are stated in U.S. dollars, and include shipping and handling charges applicable to delivery to U.S. addresses, if not stated differently. The listed prices do not include any customs, duties, fees, taxes or other charges that may be applicable if shipping is requested to an address outside the United States. You agree to indemnify and hold Bellabee harmless from and against any liabilities, interest, penalties or fees assessed against Bellabee arising from your failure to pay any such charges. All prices are subject to change at any time.
4. Acceptance
All orders are subject to acceptance by Bellabee. After you place an order, you will receive an email from Bellabee confirming that Bellabee has received and accepted it. Bellabee reserves the right not to accept your order for any reason or no reason.
5. Shipping
Bellabee will pack the Bellabee Devices in accordance with its standard practices. Title to the Bellabee Devices and risk of loss will pass to you upon Bellabee’s delivery of the Bellabee Device to the carrier. You acknowledge that all scheduled shipment dates are estimates only. Bellabee will make reasonable efforts to meet the scheduled shipment dates, but in no event will Bellabee be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. For all pre-orders, Bellabee will send you an e-mail when Bellabee ships out the Bellabee Device.
6. Refunds
If you place an order for a Bellabee Device that is a pre-order, you may cancel your pre-order prior to shipping and we will refund the amount charged to your card. We offer a 45-day money back guarantee. If you are not completely satisfied with the Bellabee Device, you can return it within 45 days of shipment to request a full product refund.
7. Limitation of Liability
IN NO EVENT SHALL Bellabee BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THESE TERMS, SALE, USE, OPERATION OR PERFORMANCE OF THE Bellabee DEVICES, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF Bellabee KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Bellabee’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO Bellabee BY YOU FOR THE Bellabee DEVICE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Bellabee shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Dispute Resolution and Governing Law
A. Informal Negotiations . To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms (“Dispute”), you and Bellabee agree to first attempt to negotiate any Dispute (except those Disputes expressly provided in Section 8.D below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Bellabee will send its notice to your shipping address and email you a copy to the email address you have provided to us. You will send your notice to [email protected] or Bellabee, Inc.  #106 East Sixth Street, Suite 900, Austin, Texas 78701, US.
B. Binding Arbitration . If you and Bellabee are unable to resolve a Dispute through informal negotiations, either you or Bellabee may elect to have the Dispute (except those Disputes expressly excluded in Section 8.D below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the International Institute for Conflict Prevention and Resolution (“CPR”), in accordance with the CPR Rules for Administered Arbitration by a panel of three (3) arbitrators, of whom each party shall designate one, with the third arbitrator to be designated by the two (2) party-appointed arbitrators. Such arbitration shall be conducted in San Francisco, California in the English language. The arbitrators shall establish procedures under which each party will be entitled to conduct discovery and shall award to the prevailing party in any such dispute the costs and expenses of the proceeding, including reasonable attorneys’ fees. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq., and except as set forth below, the arbitral award shall be final, binding and incontestable and judgment thereon may be entered in any court of competent jurisdiction. The arbitrators shall award only such damages as are permitted to be awarded pursuant to these Terms, each party expressly waives and foregoes any right to punitive, exemplary or similar damages unless applicable law prohibits such waiver. The arbitrators must render their award within thirty (30) days following the last hearing scheduled by the arbitrators and at that time state the reasons for their award in writing. An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of an arbitral panel in any arbitration arising out of or related to these Terms that is conducted in accordance with such procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration.
C. Restrictions . You and Bellabee agree that any arbitration shall be limited to the Dispute between Bellabee and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you hereby agree to submit to the personal jurisdiction of that court.
D. Exceptions to Informal Negotiations and Arbitration . You and Bellabee agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Bellabee’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
9. Governing Law
Except as expressly stated otherwise, these Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10. General Provisions
A. Assignment . You may not assign these Terms or any order accepted by Bellabee hereunder and any attempt to the contrary is void.
B. Severability . If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
C. Force Majeure . Bellabee will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
D. No Waiver . No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
E. Entire Agreement . These Terms are the complete and exclusive statement of the agreement between you and Bellabee concerning its subject matter, and these Terms supersede any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Bellabee.
F. Headings . The section headings used herein are for reference only and shall not be read to have any legal effect.
11. Contact. If you have any questions on these Terms, please contact us at [email protected]
Effective as of November 20, 2018
These terms of sale (the “Terms”) apply to all orders accepted by Bellabee, Inc. (“Bellabee”) for the sale of neuro-wellness products (the “Bellabee product”), except in the case that you and Bellabee have executed a written agreement that supersedes these Terms.
For purposes of these Terms, the terms “we,” “us” and “our” refer to Bellabee. “You” refers to you, as a user of the Bellabee Device.
1. Orders
When placing an order through the Bellabee website available at www.Bellabeeneuro.com (or any successor site) (the “Bellabee Site”), we’ll ask you for your name, e-mail address and other information so that we can fulfil your order. When you place an order, Bellabee’s third-party payment service provider will collect your credit card details and charge your credit card account in connection with the order, and you agree to make all applicable payments in connection with any order placed by you. Bellabee does not view or store your credit card information. For more information on Bellabee’s data use practices, please see our Privacy Policy.
By placing an order, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed.
Your use of the Bellabee Device is subject to our Terms of Use. You warrant that all individuals using the Service under your account or under any guest account permitted under your account (e.g., whereby you give guest account access to such individual) (in each case, an “Authorized Individual”) will comply with the Terms of Use and you hereby agree to indemnify and hold each of the Bellabee Parties (as defined in the Terms of Use) harmless from and against any and all liabilities, expenses, damages, losses, fines or penalties (including reasonable attorneys’ fees) incurred by the Bellabee Parties in connection with any claims, causes of action or demands against the Bellabee Parties (including any claims, causes of action or demands brought by Authorized Individual) arising out of such Authorized Individual’s use of the Service and any breach by such Authorized Individual of the Terms of Use.
2. Products and Services
Each order of a Bellabee Device shall include the products described on the Bellabee Site at www.bellabee.us
3. Pricing
Prices listed through the Bellabee Site are stated in U.S. dollars, and include shipping and handling charges applicable to delivery to U.S. addresses, if not stated differently. The listed prices do not include any customs, duties, fees, taxes or other charges that may be applicable if shipping is requested to an address outside the United States. You agree to indemnify and hold Bellabee harmless from and against any liabilities, interest, penalties or fees assessed against Bellabee arising from your failure to pay any such charges. All prices are subject to change at any time.
4. Acceptance
All orders are subject to acceptance by Bellabee. After you place an order, you will receive an email from Bellabee confirming that Bellabee has received and accepted it. Bellabee reserves the right not to accept your order for any reason or no reason.
5. Shipping
Bellabee will pack the Bellabee Devices in accordance with its standard practices. Title to the Bellabee Devices and risk of loss will pass to you upon Bellabee’s delivery of the Bellabee Device to the carrier. You acknowledge that all scheduled shipment dates are estimates only. Bellabee will make reasonable efforts to meet the scheduled shipment dates, but in no event will Bellabee be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. For all pre-orders, Bellabee will send you an e-mail when Bellabee ships out the Bellabee Device.
6. Refunds
If you place an order for a Bellabee Device that is a pre-order, you may cancel your pre-order prior to shipping and we will refund the amount charged to your card. We offer a 45-day money back guarantee. If you are not completely satisfied with the Bellabee Device, you can return it within 45 days of shipment to request a full product refund.
7. Limitation of Liability
IN NO EVENT SHALL Bellabee BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THESE TERMS, SALE, USE, OPERATION OR PERFORMANCE OF THE Bellabee DEVICES, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF Bellabee KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Bellabee’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO Bellabee BY YOU FOR THE Bellabee DEVICE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Bellabee shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Dispute Resolution and Governing Law
A. Informal Negotiations . To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms (“Dispute”), you and Bellabee agree to first attempt to negotiate any Dispute (except those Disputes expressly provided in Section 8.D below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Bellabee will send its notice to your shipping address and email you a copy to the email address you have provided to us. You will send your notice to [email protected] or Bellabee, Inc.  #106 East Sixth Street, Suite 900, Austin, Texas 78701, US.
B. Binding Arbitration . If you and Bellabee are unable to resolve a Dispute through informal negotiations, either you or Bellabee may elect to have the Dispute (except those Disputes expressly excluded in Section 8.D below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the International Institute for Conflict Prevention and Resolution (“CPR”), in accordance with the CPR Rules for Administered Arbitration by a panel of three (3) arbitrators, of whom each party shall designate one, with the third arbitrator to be designated by the two (2) party-appointed arbitrators. Such arbitration shall be conducted in San Francisco, California in the English language. The arbitrators shall establish procedures under which each party will be entitled to conduct discovery and shall award to the prevailing party in any such dispute the costs and expenses of the proceeding, including reasonable attorneys’ fees. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq., and except as set forth below, the arbitral award shall be final, binding and incontestable and judgment thereon may be entered in any court of competent jurisdiction. The arbitrators shall award only such damages as are permitted to be awarded pursuant to these Terms, each party expressly waives and foregoes any right to punitive, exemplary or similar damages unless applicable law prohibits such waiver. The arbitrators must render their award within thirty (30) days following the last hearing scheduled by the arbitrators and at that time state the reasons for their award in writing. An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of an arbitral panel in any arbitration arising out of or related to these Terms that is conducted in accordance with such procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration.
C. Restrictions . You and Bellabee agree that any arbitration shall be limited to the Dispute between Bellabee and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you hereby agree to submit to the personal jurisdiction of that court.
D. Exceptions to Informal Negotiations and Arbitration . You and Bellabee agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Bellabee’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
9. Governing Law
Except as expressly stated otherwise, these Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10. General Provisions
A. Assignment . You may not assign these Terms or any order accepted by Bellabee hereunder and any attempt to the contrary is void.
B. Severability . If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
C. Force Majeure . Bellabee will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
D. No Waiver . No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
E. Entire Agreement . These Terms are the complete and exclusive statement of the agreement between you and Bellabee concerning its subject matter, and these Terms supersede any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Bellabee.
F. Headings . The section headings used herein are for reference only and shall not be read to have any legal effect.
11. Contact. If you have any questions on these Terms, please contact us at [email protected]labee.us

Click Effective as of November 20, 2018
Bellabee, Inc. (“Bellabee”) has developed a proprietary system which uses light electric stimulation to induce a state of hyperplasticity in the brain (the “Bellabee System”) utilizing a specially designed device (the “Bellabee Device”).
THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES CONCERNING YOUR USE OF THE Bellabee DEVICE, THE Bellabee SYSTEM, THE Bellabee WEBSITE CURRENTLY AVAILABLE AT WWW.BELLABEE.US (AND ANY SUCCESSOR SITE), THE BELLABEE MOBILE APPLICATION (THE “BELLABEE APP”) AND RELATED CONTENT, SOFTWARE, APPLICATIONS, WIDGETS, MATERIALS AND/OR SERVICES, INCLUDING ANY SUPPORT SERVICES PROVIDED TO YOU BY Bellabee (COLLECTIVELY, THE “SERVICE”) AND CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BELLABEE.
YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES AND NOTICES (THESE “TERMS OF USE”). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING THE SERVICE. If you are using or accessing the Service on behalf of an entity, such as a company, a sports team or organization, then you represent to us that you have the power and authority to bind such company, sports team or organization to these Terms of Use.
Your use of the Service is subject to these Terms of Use and Bellabee’s Privacy Policy. For purposes of these Terms of Use, the terms “we,” “us” and “our” refer to Bellabee. “You” refers to you, as a user of the Service.
1. Requirements to Use the Service
The Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories and possessions. Furthermore, the Service is only offered to users who (i) are not incapable of giving consent, (ii) are not pregnant or possibly pregnant, (iii) are not utilizing an active implanted medical device, (iv) do not have a skull defect or any implant in his/her skull, and (v) do not have a history of seizures. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Bellabee and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
The Service may only be used with a Bellabee Device manufactured, distributed, or sold by or on behalf of Bellabee. You may not connect to the Service with any device that is not manufactured, distributed, or sold by or on behalf of Bellabee (such as a knock off or counterfeit version of a Bellabee Device); otherwise intends to resemble or purports to be a Bellabee Device; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service.
2. Account; Account Security
To use the Service, you must create an account by providing us with a valid email address or your Facebook account. You can access your account information at any time through the Service. You agree that you will supply truthful, accurate and complete information to Bellabee, and that you will update such information promptly in the event that it changes. If you are using the Service on an enterprise level for multiple individual user accounts, then you shall designate one user as the administrative user who shall be responsible for registering and, if desired, editing the account information. Any change in the designation of the administrative user must be submitted to Bellabee by the current administrative user. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, Bellabee may terminate your use of the Service.
You are responsible for maintaining the confidentiality of your account and for all activities which occur through the use of your account. You agree to: (i) immediately notify Bellabee of any unauthorized access to or use of your account or any other breach of security; and (ii) ensure that you secure your account, computer and mobile device from third party access. Bellabee will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree that all information you provide to register with the Service or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3. Grant of a Limited License
Subject to your agreement to and continuing compliance with these Terms of Use (including the limitations set forth in Section 4 below), Bellabee grants you a personal, non-exclusive, non-assignable, non-transferable license (without the right to sublicense) to access and use the Service for your personal and non-commercial use only. You may not use the Service for any other purpose.
4. License Limitations
You agree that you will not and will not permit any party to:
A. modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service;
B. duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
C. use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through Service;
D. frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Bellabee without our express consent;
E. attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
F. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
G. use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information from or through the Service, or any manual process to do the same;
H. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
I. use the Service for illegal, harassing, unethical, or disruptive purposes;
J. violate any applicable law or regulation in connection with your use of the Service; or
K. use the Service in any way not expressly permitted by these Terms of Use.
5. Data and Intellectual Property Ownership
As between you and Bellabee, all software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein are owned solely and exclusively by Bellabee and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. Bellabee and its licensors reserve all rights in connection with the Service and its content including, without limitation, the exclusive right to create derivative works therefrom. Except for the limited license granted to you in Section 3, you have no right, title or interest in or to the Service and any such content.
The Bellabee name and all related names, logos, product and service names, designs and slogans, are trademarks of Bellabee or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bellabee.
6. Third Party Websites, Apps or Resources
The Service may provide links to other websites, apps or resources by third parties (“Third Party Sites”). These Third-Party Sites are provided for your convenience only and are not reviewed, controlled, examined, sponsored, or endorsed by Bellabee and Bellabee is not responsible for the information, advertising, products, resources or other material of any Third-Party Site, or any link contained in a Third-Party Site. YOUR USE OF ANY SUCH THIRD-PARTY SITES IS AT YOUR OWN RISK. None of the Bellabee Parties (as defined in Section 13) shall 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, inability to use or reliance on any such content, goods or services available on any Third-Party Sites.
7. Consult Your Doctor Before Using the Service
Our goal is to provide a useful Service, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available on the Service. The accuracy of the data collected and presented through the Service is not intended to match that of medical devices or scientific measurement devices. The Service is not intended to diagnose or treat any disease or medical condition. If you have a medical or heart condition, or any implants, consult your doctor before using the Service or engaging in an exercise program. You should not use the Service if you:
A. are not capable of giving consent;
B. are a woman who is pregnant or possibly pregnant (neurostimulation has not been thoroughly studied in pregnant women);
C. have an active, implanted medical device such as a pacemaker, defibrillator, or other neurostimulator;
D. have a skull defect (i.e., plate in the skull or previous reconstructive skull surgery) or any implant in the portion of the skull overlying the brain (neurocranium); or
E. have a history of seizures.
Furthermore, the Bellabee System and Bellabee Device should not be used in any way contrary to the instructions for use provided by Bellabee. The Bellabee Device and its primers should not be used over broken skin.
If you experience a medical emergency, stop using the Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Service. If you engage in any exercise program you receive or learn about through the Service you agree that you do so at your own risk and are voluntarily participating in these activities.
8. Alerts and Notifications
As part of your use of the Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
9. Notice of Infringement – DMCA Policy
Anyone who believes that his or her work has been reproduced in the Service in a manner which constitutes copyright infringement may submit a notification to Bellabee’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
a. identification of the copyrighted work that is claimed to be infringed;
b. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
c. information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
d. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
e. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. If you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by mail to: [email protected] or Bellabee, Inc.  #106 East Sixth Street, Suite 900, Austin, Texas 78701, US. Bellabee will respond expeditiously to claims of copyright infringement using the Service that are reported to Bellabee’s copyright agent in the notification explained above. It is Bellabee’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
10. Changes to Terms of Use
Bellabee may revise and update these Terms of Use at any time in our sole discretion. Bellabee will publish such revisions and updates from time to time by posting the revised policy on the Service and updating the “effective as of” date at the top of this page. If the changes are material, we will include “recently updated” next to the link to this policy on the Service for 45 days after the date of the change. If you do not agree to the changes, then you must immediately stop using the Service.
11. Feedback
As a user of the Service, we may ask you from time to time for your input and feedback regarding the Service, or for other information relating to your experiences and practices relating to the Service. Any such input, feedback or information you provide will become our property and you assign all rights in such input, feedback and information to us, and we may use that information for our business or other purposes, including without limitation continuing to improve the Service.
12. Termination
These Terms of Use are effective until terminated. You may terminate these Terms of Use by discontinuing your use of the Service (including the Bellabee Device) and deleting the Service from your mobile device.
Bellabee reserves the right to terminate these Terms of Use, and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of the Service, at any time, effective immediately with notice, in the event of any conduct by you which Bellabee, in its sole discretion, considers to be unacceptable or a violation of these Terms of Use. If Bellabee terminates or restricts your use and access of the Service, then you must immediately stop using all portions of the Service and delete the Service from your mobile device. All sections which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect notwithstanding the expiration or termination of these Terms of Use.
13. Warranty Disclaimer
The Service may be temporarily unavailable from time to time for maintenance or other reasons. Bellabee shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any other content made available via the Service.
EXCEPT FOR THE WARRANTIES SET FORTH AT WWW.BELLABEE.US/WARRANTY WITH RESPECT TO THE BELLABEE  DEVICE AND THE SUPPORT SERVICES PROVIDED TO YOU BY Bellabee, YOU ACKNOWLEDGE AND AGREE THAT (A) THE SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND (B) NONE OF BELLABEE, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SERVICE (THE “Bellabee PARTIES”) MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE BELLABEE PARTIES ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, YOUR DEVICE IN CONNECTION WITH YOUR VIEWING OF OR ACCESS TO OR USE OF THE SERVICE.
14. Limitation of Liability
IN NO EVENT SHALL THE BELLABEE  PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THESE TERMS OF USE, THE SERVICE OR USE OF THE SERVICE OR THE DELAY OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF ONE OR MORE Bellabee PARTIES KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ANY BELLABEE PARTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO Bellabee FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BELLABEE, AS APPLICABLE.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Bellabee Parties shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to indemnify and hold each of the Bellabee Parties harmless from and against any and all liabilities, expenses, damages, losses, fines or penalties (including reasonable attorneys’ fees) incurred by the Bellabee Parties in connection with any claims, causes of action or demands against the Bellabee Parties arising out of or related to: (a) your access to or use of the Service, (b) any act of fraud or dishonesty by you in connection with your use of the Service, (c) any damage and/or any of the other medical conditions arising from or relating to the use of the Service by you (including any resulting from your failure to comply with Section 7 of these Terms of Use) or (d) any breach by you of these Terms of Use or any applicable laws or any unauthorized use of the Service. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. Equitable Remedies
In the event that you breach these Terms of Use, you hereby agree that Bellabee would be irreparably damaged if these Terms of Use were not specifically enforced, and therefore Bellabee shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as Bellabee may otherwise have available to it under applicable laws.
17. Dispute Resolution and Governing Law
A. Informal Negotiations . To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (“Dispute”), you and Bellabee agree to first attempt to negotiate any Dispute (except those Disputes expressly provided in Section 17.D below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Bellabee will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Bellabee Neuroscience, 735 Market Street, 4th Floor, San Francisco, California, 94103, USA.
B. Binding Arbitration . If you and Bellabee are unable to resolve a Dispute through informal negotiations, either you or Bellabee may elect to have the Dispute (except those Disputes expressly excluded in Section 17.D below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the International Institute for Conflict Prevention and Resolution (“CPR”), in accordance with the CPR Rules for Administered Arbitration by a panel of three (3) arbitrators, of whom each party shall designate one, with the third arbitrator to be designated by the two (2) party-appointed arbitrators. Such arbitration shall be conducted in San Francisco, California in the English language. The arbitrators shall establish procedures under which each party will be entitled to conduct discovery and shall award to the prevailing party in any such dispute the costs and expenses of the proceeding, including reasonable attorneys’ fees. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq., and except as set forth below, the arbitral award shall be final, binding and incontestable and judgment thereon may be entered in any court of competent jurisdiction. The arbitrators shall award only such damages as are permitted to be awarded pursuant to these Terms of Use, each party expressly waives and foregoes any right to punitive, exemplary or similar damages unless applicable law prohibits such waiver. The arbitrators must render their award within thirty (30) days following the last hearing scheduled by the arbitrators and at that time state the reasons for their award in writing. An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of an arbitral panel in any arbitration arising out of or related to these Terms of Use that is conducted in accordance with such procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration.
C. Restrictions . You and Bellabee agree that any arbitration shall be limited to the Dispute between Bellabee and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you hereby agree to submit to the personal jurisdiction of that court.
D. Exceptions to Informal Negotiations and Arbitration . You and Bellabee agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Bellabee’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
18. Governing Law
Except as expressly stated otherwise, these Terms of Use shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of DELAWARE, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
19. Apple App Store
The following terms and conditions apply to you only if you are using the Bellabee App that you have downloaded from the Apple App Store (a “Bellabee Apple App”). To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to use of any Bellabee Apple App downloaded from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and Bellabee, not Apple, and that Apple has no responsibility for the Bellabee Apple App or content thereof. Your use of the Bellabee Apple App must comply with the App Store Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Bellabee Apple App. In the event of any failure of the Bellabee Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Bellabee Apple App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Bellabee Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and Bellabee acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Bellabee Apple App or your possession and/or use of the Bellabee Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Bellabee Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Bellabee acknowledge that, in the event of any third party claim that the Bellabee Apple App or your possession and use of that Bellabee Apple App infringes that third party’s intellectual property rights, Bellabee, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Bellabee Apple App.
20. General Provisions
A. Assignment . Bellabee may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms of Use, or assign, sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, in the Service, and any attempt to the contrary is void.
B. Severability . If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
C. No Waiver . No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
D. Entire Agreement . These Terms of Use are the complete and exclusive statement of the agreement between you and Bellabee concerning the Service, and these Terms of Use supersede any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Bellabee.
E. Headings . The section headings used herein are for reference only and shall not be read to have any legal effect.
21. Contact. If you have any questions on these Terms of Use, please contact us at [email protected]
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