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Terms and Conditions
Last updated: April 27, 2025
These Terms & Conditions ("Terms") govern all pre-orders and purchases of the OneSpark smart headphones ("Product") placed through our site at https://preorder.neocore.co/ ("Site"). By placing a pre-order, you ("Customer," "you") agree to these Terms. "Neocore," "we," "us," or "our" refers to Neocore Augmented Intelligence Solutions Inc.
1. Order Acceptance
- All pre-orders are subject to acceptance by Neocore.
- Your order is confirmed only once you receive our email titled "Order Confirmation."
- We reserve the right to refuse or cancel any pre-order at any time, for any reason, including errors in pricing or availability.
2. Pricing & Payment
- Retail Price
- Pre-order Options
- Deposit Option: USD 49 deposit today; balance of USD 450 due when your Product is ready to ship.
- Full-Payment Option: USD 299 now (launch-discounted price).
- Payment of Balance
- When we notify you that your Product is ready to ship, you must pay the remaining balance within 14 days.
- Failure to Pay Balance: If you do not pay the remaining balance within 14 days of our notification, we will cancel your order and retain your deposit as a cancellation fee. You may place a new order at any time, subject to availability and current pricing.
- All payments are made in USD via the methods displayed at checkout. Sales tax and duties, if any, are collected at the time of shipment.
3. Shipping, Delivery & Delays
- Estimated Ship Date
- We expect to ship starting in Q4 2025.
- Risk of Delay
- As a newly launched, crowdfunded device, supply-chain risks and manufacturing complexities may push back our estimated ship dates.
- Duty to Communicate
- If we anticipate any delay beyond the originally communicated ship window, we will notify you by email within 7 business days of learning of the delay.
- Delayed-Delivery Refund Option
- If your shipment is delayed by more than 60 days beyond our last communicated ship date, you may elect either to:
- (a) Remain on the waitlist and ship once available, or
- (b) Cancel your order and receive a full refund (including any amounts already paid).
- Title & Risk of Loss
- Pass to you upon delivery to the carrier.
4. Cancellation & Refunds
- 14-Day Right to Cancel
- You may cancel your pre-order for any reason within 14 days of the date you place it and receive a full refund.
- After 14 Days
- Deposits become non-refundable, except if we initiate a cancellation or you qualify under Section 3.4 (Delayed-Delivery Refund).
- Company-Initiated Cancellations
- If we cancel your order (for stock issues, legal reasons, or otherwise), you will receive a full refund within 14 business days.
- Refund Processing
- All refunds will be credited back to your original payment method within 14 business days of approval.
5. Product Use and Limitations
Please be aware of the following regarding OneSpark headphones:
- OneSpark is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition.
- The brainwave monitoring technology is designed for general informational purposes only.
- Consult with your healthcare provider before using OneSpark if you have epilepsy, seizures, or other neurological conditions.
- The device should not be used while operating vehicles or heavy machinery.
6. Warranty & Disclaimers
- Limited Warranty
- We warrant the Product against defects in materials and workmanship for 12 months from the ship date.
- Exclusions
- Warranty does not cover damage from misuse, accidents, unauthorized repair or modification, or normal wear.
- Disclaimer
- Except for the express warranties above, the Product is provided "as is." To the maximum extent permitted by law, all other warranties (including merchantability and fitness for a particular purpose) are disclaimed.
7. Limitation of Liability
Under no circumstances will Neocore be liable for any indirect, incidental, special, or consequential damages arising from your pre-order or use of the Product. Our total liability is limited to the amount you paid under your Order.
8. Intellectual Property
All content on the Site—including text, logos, graphics, and software—is owned by Neocore or its licensors. You may not copy, reproduce, or create derivative works without our express written consent.
9. Software and Updates
The MyBrain App and OneSpark software:
- We provide software updates to improve functionality and security.
- You receive a non-exclusive license to use the software that powers OneSpark and the MyBrain App.
- You may not reverse engineer, decompile, or attempt to extract the source code of our software.
- We reserve the right to update or discontinue software features with appropriate notice.
10. Privacy & Data Collection
- User Accounts & Personal Information
- We collect only the information necessary to fulfill and ship your order: name, shipping address, and payment details.
- EEG Data
- In order to provide adaptive content features, we do save EEG signal data. However, we never collect or store any personal information or identifiable raw EEG data. All EEG data is processed and stored in a de-identified, aggregated form that cannot be traced back to you.
- Your Rights
- You may request deletion of your stored EEG data at any time by contacting us at privacy@neocore.co.
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of British Columbia, Canada. Any dispute will be resolved exclusively in the courts of Vancouver, BC.
12. Changes to These Terms
We reserve the right to modify or replace these Terms at any time. Material changes will be posted with a revised "Last updated" date, and if appropriate, we will notify you by email. Your continued use of our products and services after any changes constitutes acceptance of those changes.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Neocore LLC
Email: legal@neocore.co
Address: 123 Innovation Drive, San Francisco, CA 94103
By placing a pre-order, you acknowledge you have read, understood, and agree to these Terms & Conditions.
Last updated: April 27, 2025