LAST UPDATE: 27.09.2023

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CREATES A LEGALLY BINDING AGREEMENT BETWEEN AETHER MIND TECH SOLUTIONS PRIVATE LIMITED AND/OR ITS AFFILIATES AND YOU, AND IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “You”).

THE SOFTWARE, THE DEVICE AND THE SERVICES (COLLECTIVELY, “Services”) ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO BE USED FOR ANY OTHER PURPOSE, INCLUDING MEDICAL OR DIAGNOSTIC-RELATED PURPOSES.

THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND TERMS & CONDITIONS, ARE ONLY PROVIDED IN CERTAIN LANGUAGES. DO NOT USE THE EVOLV28 DEVICE OR OTHER EVOLV28 PRODUCTS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ONE OF THE AVAILABLE LANGUAGES.

CONSULT YOUR DOCTOR BEFORE USING THE SERVICES. Our goal is to provide a helpful service, but we make no endorsement, representation, or warranty of any services, information, or recommendations available on the Services. The accuracy of the data collated and presented through the Services are not intended to match that of medical instruments or scientific measuring devices. The purpose of the Services is not to diagnose or treat any medical condition or disorder. If you have a medical condition, please consult your physician before using the service or participating in any exercise program.

Moreover, in case you experience a medical emergency, or experiencing any unintended side effects, stop using the Services and consult a medical professional. We are not responsible for any health issues arising from the events you learn about through the Services, training programs, products or consultations. If you participate in any exercise program that you receive or learn about through the Services, you are consenting to do that at your own risk and are participating in these activities voluntarily.

1. 1. Do NOT USE THE SERVICES: These Services are not provided and available to customers, who:
   1. a. Are minors, i.e., below 18 years of age;
   2. b. Are incapable of giving consent;
   3. c. Are pregnant or possibly pregnant;
   4. d. Have an active, implanted medical device such as a defibrillator, pacemaker, or any other neurostimulator.
   5. e. Have a skull defect or implant in the portion of the skull overlying the brain (neurocranium);
   6. f. Have a history of seizures;
   7. g. Have epilepsy;
   8. h. Are actively bleeding;
   9. i. While in motion for the first two (2) months of regular use;
   10. j. While consuming alcohol, driving, or operating machinery of any kind.

   Further, the Services should not be used in any way contradictory to the instructions provided by the Evolv28 team, these Terms or any other terms and conditions provided by Evolv28 at any time in this regard.

   KEEP THIS PRODUCT AWAY FROM CHILDREN IF THE DEVICE IS BROKEN AND/OR MALFUNCTIONING. CHILDREN SHALL USE IT ONLY UNDER THEIR PARENT’S CONTROL. THIS DEVICE HAS NOT BEEN TESTED ON CHILDREN UNDER SCIENTIFIC SURPERVISION.

2. 2. DEVICE: These Services may only be used with the devices manufactured, distributed, or sold under the brand name Evolv28. You must not connect to the Services with: any device that is not manufactured, distributed, or sold by Evolv28 (such as a knockoff or fake version of the Evolv28 device); devices otherwise identical or impersonating Evolv28 devices; or unauthorized use of third-party connections. Breach of these Terms may immediately deprive you of access to the Services.
3. 3. SOFTWARE: DO NOT INSTALL, DOWNLOAD, OR USE THIS SOFTWARE (INCLUDING ANY FUTURE UPDATES, UPGRADES, OR VERSIONS OF THE SOFTWARE) (COLLECTIVELY, THE “SOFTWARE”) UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS.
   1. 3.1 License Grant: Evolv28 grants you a limited, personal, non-transferable, non-sub-licensable, and non-exclusive license to install and use a single copy of the Software for your information and non-commercial use as part of the product or hardware supplied by or on behalf of Evolv28 in which the Software is contained or for which it is provided, together with any applicable Evolv28 Services (the “License”).
   2. 3.2 Restrictions Including User-Generated Content:
      1. 3.2.1 With respect to the Software and Evolv28 Services, you will not (and will not allow any third party to): (a) exceed the scope and purpose of the License grant above; (b) remove or alter any copyright notice or any other notices; (c) modify or create derivative works; (d) reverse engineer or attempt to discover any source code or underlying ideas or algorithms; (e) provide, lease, lend, sublicense, use for time-sharing or otherwise use or allow the use of it for the benefit of any third party (including minors, if applicable) unless you take full responsibility for ensuring that its use by anyone else will comply with the terms hereunder; or (f) use, or allow the use, transfer, transmission, export, or re-export of it or portions thereof in violation of any export control laws or regulations, or in violation of any laws or regulations.
      2. 3.2.2 You agree to indemnify, hold harmless, and defend Evolv28 and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of these Terms by you or by another who has access to or uses the Software, Evolv28 Services, or User Generated Content through you.
   3. 3.3 License Grant – Personally Identifiable User Generated Data: For the purposes of these Terms, “Personally Identifiable User Generated Data” means User Generated Content that identifies you and is considered personal information in accordance with applicable privacy and data protection laws. For clarity, Personally Identifiable User Generated Data does not include de-identified and/or aggregated information. You own your Personally Identifiable User Generated Data; Evolv28 can’t use it without your consent. You grant to Evolv28 a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any manner and at any time only so far as required to deliver Software, Evolv28 products and Evolv28 Services. You waive any rights of publicity, moral, or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.
   4. 3.4 License Grant – Non-Personally Identifiable User Generated Data: For the purposes of these Terms, “Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data. You grant to Evolv28 a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any manner and at any time. You waive any rights of publicity, moral, or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for Evolv28 to use such Non-Personally Identifiable User Generated Data.
   5. 3.5 Permitted Age: You represent and warrant that: a) you are of legal age to form a binding contract with Evolv28, and b) are not barred from accessing the Software or Evolv28 Services under the laws of any applicable jurisdiction, including the country in which you reside or from where you download, install, copy, access, or use the Software or Evolv28 Services. By accepting these Terms you represent that you understand and agree to the foregoing.
   6. 3.6 For Information Purposes Only: Content generated or found through Evolv28 Services, Software, or Evolv28 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, “Professional”). Evolv28’s Device is not a medical device and Evolv28 is not a licensed medical or healthcare provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind. Further, you understand that any information generated from Evolv28 Services, Software, or Evolv28 products is not medical information and you will ensure that medical information or other personal health information is not uploaded to Evolv28 Services, Software, or Evolv28 products. You assume all liability for any medical or health information that is created or stored or uploaded on Evolv28 Services, Software, or Evolv28 products, and you agree to fully indemnify and hold harmless Evolv28 from any liability, expense, suit, action, or claim (including regulatory proceedings) related to your breach of these Terms including without limitation, any liability, expense, suit, action, or claim that arises through your use of Evolv28 Services, Software, or Evolv28 products.
   7. 3.7 Physical Symptoms: In rare cases, people 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, Evolv28 Services, or Evolv28 Products. 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 your doctor before using similar applications and should immediately cease all such use of such applications should the symptoms re-occur. 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, and should closely monitor your children’s use of technology to avoid possible problems.
   8. 3.8 The low and medium-intensity pulsed electromagnetic fields generated by Variable Complex Weak Magnetic field therapy (VCMF’s) products use similar levels of energy as the natural vitalizing energy of the Earth. All reactions tend to diminish relatively quickly with continued use. Consequently, if the adverse reactions do not diminish or are intolerable, you can lessen them by making some small changes to your protocols. These changes include decreasing treatment times, lowering intensity, and limiting the amount of the body that is being treated.
4. 4. ACCOUNT; ACCOUNT SECURITY: To use these Services, you need to create an account by providing us with information such as your full name and the correct email address. You can access your account information at any time through the Services. You acknowledge that you will provide reliable, accurate, and complete information to Evolv28 and will update such information immediately if it changes. If you use the Services at the enterprise level for multiple personal user accounts, you must appoint one user as the administrative user, responsible for registration, and if necessary, editing the account information. Any change in the name of the admin user must be submitted to Evolv28 by the current admin user. If any of the information you provide is false, inaccurate, not current, or incomplete, Evolv28 may stop providing you with the Services. You agree that any information you provide to register for the Service will be governed by our Privacy Policy, and you agree to all steps we take to respect your information as per our Privacy Policy.
   1. 4.1 Confidentiality and Unauthorized Use of Account and Data: You are responsible for maintaining the confidentiality of your account and for any activity that may result from the use of your account. You acknowledge (i) immediately reporting unauthorized access or use of your account or any other security breach; and (ii) ensuring that your account, computer, and mobile device are protected from third-party access. Evolv28 is not responsible for any loss or damage caused by your failure to comply with this section.
5. 5. GRANT OF A LIMITED LICENSE: If you continue to comply with your agreement of these Terms (including the limitations outlined in section 5.1 below), Evolv28 grants you a personal, non-assignable, non-transferable, non-exclusive license (without a right to sublicense) to access and use the Services for personal and non-commercial use only. You may not use the Services for any other purpose.
   1. 5.1 License Limitations: You agree that you will not and will not allow any party to:
      1. 5.1.1 Copy, transmit, distribute, reproduce, duplicate, modify, publish, display, perform, license, create derivative works from, or offer for sale any information contained on or from the Service or through the Services;
      2. 5.1.2 Decompile, decrypt, reverse engineer, duplicate, disassemble, or decode any Services (including any underlying idea or algorithm), or attempt to do any of them;
      3. 5.1.3 Use, reproduce or remove any images, copyrights, trade names, logos, slogans, trademarks, graphics, service marks or other proprietary notices displayed on or through the Services;
      4. 5.1.4 Frame or use any framing technique to enclose any logo, trademark, or other proprietary information (including text, images, page layout or form) of Evolv28 without our express permission;
      5. 5.1.5 Attempt to gain unauthorized access to the Services, disrupt, damage or interfere with the accounts registered for other users or computer systems or networks connected to the Services;
      6. 5.1.6 Remove, degrade, replace, disable, circumvent, alter, demote, thwart or fail any technical measures or content protection of the Services;
      7. 5.1.7 Use any crawler, spider, robot, or other automated device, queries, software, process or search that intercepts, “mines” scrapes, or otherwise accesses the Services to monitor, copy, extract, or collect the data from or through the Services, or do the same through a manual procedure;
      8. 5.1.8 Not introduce worms, viruses, logic bombs, trojan horses, or other materials that are malicious or technically harmful;
      9. 5.1.9 Use the Services for unethical, harassing, disruptive or illegal purposes;
      10. 5.1.10 Violate any applicable regulation or law regarding your use of the Services; or
      11. 5.1.11 Use the Services in any manner that is not expressly permitted by these Terms.
6. 6. DATA AND INTELLECTUAL PROPERTY: Between You and Evolv28, all software (including source code), icons, logos, services, text, graphics, the Services’ “look and feel”, video clips, sound clips, images, content, instructions, data, information, notices, page layout, and selection and arrangement of content and all copyrights, trade secrets, patents, trademarks, and other intellectual property rights are under the sole proprietorship of Evolv28 and are protected by Indian and international copyright laws, trade secrets, or other intellectual property laws and treaties. Evolv28 and its licensors retain all rights regarding the Services and its content including, but not limited to, the exclusive right to create derivative works therefrom. You have no right, interest or title in or to the Services and any such content, except as limited to the licenses granted to you in Section 5.
7. 7. NOTICE OF INFRINGEMENT OF INTELLECTUAL PROPERTY: Anyone who believes their work has been reproduced in these Services, in a manner that constitutes infringement of Intellectual Property may submit a notice to Evolv28 in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
   1. 7.1 Identification of the work that is claimed to be infringed;
   2. 7.2 Identification of the alleged infringing content that has been requested to be removed, including details of where it is on the Services;
   3. 7.3 Full name, address, email address and, if available, telephone number and any other information for us to contact you;
   4. 7.4 A statement which states that you firmly believe that the use of the identified infringement is not authorized by Intellectual Property owners, its agents or the law;
   5. 7.5 A statement that the above information is true, that you are the Intellectual Property owner or the authorized person to act on behalf of the Intellectual Property owner.
   6. 7.6 An electronic or physical signature of a person who is authorized to act on behalf of the Intellectual Property Rights owner or of an exclusive right that is allegedly infringed.
   7. 7.7 It is the policy of Evolv28, under reasonable circumstances and at its sole discretion, to terminate or disable the accounts of users who repeatedly infringe the copyrights or intellectual property rights of others.
8. 8. THIRD PARTY WEBSITES, APPS OR RESOURCES: These Services may include links to other third-party websites, applications or resources (“third-party sites”). These third-party sites are provided solely for your convenience and are not reviewed, controlled, monitored, researched, sponsored, examined, or endorsed by Evolv28. Evolv28 is not responsible for any third-party site information, advertisements, products, resources or other content, or any link mentioned on a third-party site. YOUR USE OF THIRD-PARTY SITES IS AT YOUR SOLE RISK. Neither Evolv28 nor any Party associated with Evolv28 shall be directly or indirectly responsible or liable for the loss or damage caused by or in relation with the use of, inability to use or dependence on any such materials, goods, content, or services available on third-party sites.
9. 9. ALERTS AND NOTIFICATIONS: You may receive alerts or notifications, text messages or emails as part of your use of the Services. You agree to receive these communications. You can restrict the receipt of non-service-related communications from your account settings. You are responsible for any data fees or communication costs incurred through your wireless carrier.
10. 10. PAYMENT AND RELATED TERMS:
    1. 10.1 Prices: Evolv28 reserves the right to change its standard prices without notice. Prices are exclusive of, and you will pay: (a) all applicable Central and State taxes (including all applicable sales, use, consumption, Goods and Services, value added, and withholding taxes), unless you have provided Evolv28 with an appropriate tax exemption certificate or number, and (b) all fees and charges related to customs, duties and brokerage. Evolv28 may charge sales tax for sales of Products through the Site. Any sales tax charged will be indicated during the checkout process.
    2. 10.2 Rejected Payments: Where your payment is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, commencing on the date that your payment was rejected. Evolv28 may, in its sole discretion, delay shipment of, or cancel, your order where your payment is rejected.
    3. 10.3 Payment Failure:
       1. 10.3.1 If you are unable to complete the payment within the due date (as described in the payment and pricing terms agreed between You and Evolv28 at the time of purchase), Evolv28 reserves the right to demand payment from you in full for the purchased products and Services.
       2. 10.3.2 In the case of subscription-based payments, Evolv28 reserves the right to issue invoices to request missing payments if the customer has not completed the required payments.
       3. 10.3.3 Evolv28 may hire a third party to request and obtain a pending payment from a customer if the customer has not paid the amount requested in the invoice. Evolv28 reserves the right to issue an invoice after notifying the customer of a payment failure and requesting action by emailing the customer.
11. 14. TERMINATION: These terms stay effective until they are terminated. You may terminate these Terms of Use by stopping the use of our services (including the Evolv28 device) and removing the related services from your mobile phones.Evolv28 reserves the right to terminate these Terms of Use and/or to permanently or temporarily suspend, withdraw, or restrict access to any or all of the Services (including the Device), at any time, immediately effective with a notice, in the instance of any misconduct which Evolv28, in its sole discretion, considers to be unacceptable or a violation of these Terms of Use. If Evolv28 terminates or restricts your use and access to the Service and Device, you must immediately stop using all parts of the Service and remove the Service from your mobile device. All sections that, by their very nature, shall survive the termination of these Terms of Use, shall remain in full force and effect regardless of the termination or expiration of these Terms of Use.
12. 15. WARRANTY DISCLAIMER: Services may be temporarily interrupted sometimes due to maintenance or other reasons. Evolv28 is not responsible for operational or transmission delays, interruptions, destruction or theft of, unauthorized access to, or modification of, other content provided through the service.Except for the warranty stated above in connection with the Evolv28 devices and support services that Evolv28 provides to you, you shall acknowledge and agree that:THIS SERVICE IS PROVIDED “AS AVAILABLE” AND “AS IS”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND.NEITHER OF THE Evolv28, ITS AFFILIATES, SUPPLIERS, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR ANY OTHER PERSON INVOLVED IN DISTRIBUTING, PRODUCING OR CREATING ANY SERVICES OR CONTENT CONTAINED ON THE SERVICE (THE Evolv28 PARTIES) MAKE ANY OTHER WARRANTIES OR REPRESENTATIONS, IMPLIED OR EXPRESS, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR DATA PROCESSING, DATA, INFORMATION, RELIABILITY, LIKELY RESULTS, COMPLETENESS, ACCURACY, UPTIME OR ERROR-FREE OR UNINTERRUPTED ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, QUALITY, MERCHANTABILITY OR OTHER VIOLATIONS OF RIGHTS.NONE OF THE Evolv28 PARTIES IS RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY AFFECT YOUR DEVICE IN CONNECTION WITH USE OF OR VIEWING OF OR ACCESS TO THE SERVICE.Evolv28 products and services are not a substitute for professional health care or medical consultation. We are not responsible for any health problems that may result from recommendations, activities, or other information and/or events you learn or experience through the use of the Evolv28 products/services. Therefore, for any products or services recommended on this website, all product packaging and instructions you purchase or intend to purchase should be read carefully. Use of Evolv28 devices is done at your own risk and volition. Information provided on this website and the use of any product or service from our website(s) by you does not constitute a doctor-patient relationship between you and any of the physicians or health professionals affiliated with our website(s). Moreover, information and statements regarding the devices’ safety discussed herein have not been evaluated by the Food and Drug Administration or other equivalent entity and are not intended to diagnose, treat, or cure any disease.
13. 16. LIMITATION OF LIABILITY: IN NO EVENT SHALL THE Evolv28 PARTIES BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, SPECIAL, INDIRECT, LIQUIDATED, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFIT, 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 Evolv28 PARTIES KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.IN ANY CASE, Evolv28 PARTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR DUE TO THE USE OR INABILITY TO USE THE SERVICES SHOULD NOT EXCEED THE AMOUNT PAID TO USE THE SERVICES OR ONE HUNDRED US DOLLARS ($100), IF YOU DID NOT HAVE ANY PAYMENT OBLIGATIONS TO Evolv28, AS APPLICABLE.THE AFOREMENTIONED LIMITATIONS SHALL APPLY EVEN IF ANY OF THE FOREGOING REMEDIES FAILS OF ITS ESSENTIAL PURPOSE. As some jurisdictions or states do not allow the limitation or the exclusion of liability for incidental or consequential damages, in such jurisdictions or states, the liability of Evolv28 Parties shall be restricted to the fullest extent that the law permits. HENCE, THE AFOREMENTIONED LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT THAT THE LAW PERMITS.
14. 17. INDEMNIFICATION: You agree to indemnify and hold each of the Evolv28 Parties harmless from and against any and all liabilities, losses, damages, expenses, penalties or fines incurred by the Evolv28 Parties in connection with any claims, causes of action or demands against the Evolv28 Parties arising out of or related to:
    1. 17.1 Your use of the Service or access to it;
    2. 17.2 Any fraud or dishonesty you commit in connection with your use of the Service;
    3. 17.3 Any damages and/or medical conditions resulting from your use of the Service (including as a result of your failure to comply with Section 7 of these Terms of Use);
    4. 17.4 Any violation by you of these Terms of Use or any pertinent laws or any unauthorized use of the Service;
    5. 17.5 We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which case you will cooperate with us in establishing any available defences.
15. 18. EQUITABLE REMEDIES: If you violate these Terms of Use, you acknowledge that Evolv28 will be irrevocably damaged if these Terms of Use are not specifically enforced, and hence Evolv28 shall have the right, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to violations of these Terms of Use, in addition to such other solutions as Evolv28 may otherwise have available to it under applicable laws.
16. 19. DISPUTE RESOLUTION AND GOVERNING LAW:
    1. 19.1 Informal Negotiations: To expedite resolution and control the cost of any controversy, dispute or claim related to these Terms of Use (“Dispute”), you and Evolv28 consent to first attempt to negotiate any Dispute (unless that Dispute is explicitly mentioned in “exceptions” below) informally for at least thirty (30) days before commencing any arbitration or court proceeding. Such informal negotiations begin upon written notice from one person to the other. Evolv28 will dispatch its notice to your billing address and mail you a copy to the email address you have provided to us. Your notice to us should be sent to support@aethermt.com.
    2. 19.2 Binding Arbitration: In case you and Evolv28 are not able to resolve a Dispute through informal negotiations, either you or Evolv28 may choose to have the Dispute (unless that Dispute is expressly excluded from “exceptions” mentioned 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 Sweden in the English or Swedish 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 Swedish Law, 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 under these Terms of Use, each party expressly waives and forgoes 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 under such procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration.
    3. 19.3 Restrictions: Both You and Evolv28 consent that any arbitration shall be restricted to the Dispute between Evolv28 and you individually. To the full extent permitted by law, (1) No arbitration shall be combined 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 (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 that is not subject to arbitration, or where no election for arbitration has taken place, will be decided by a court of competent jurisdiction within Sweden, and you consent to submit to the personal jurisdiction of that court.
    4. 19.4 Exceptions to Informal Negotiations and Arbitration: You and Evolv28 agree that the following disputes are not subject to the above terms of informal negotiations and binding arbitration: (1) any Disputes demanding protection or enforcement, or regarding the validity of, any of your or Evolv28’s intellectual property rights (2) any Dispute concerning to, or emerging from, allegations of theft, piracy, invasion of privacy or unauthorized use (3) any claim for injunctive relief.
    5. 19.5 Governing Law: Except as expressly stated otherwise, these Terms of Use shall be governed by, and will be construed under, the laws of India, regardless of the choice of legal principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17. 20. GOOGLE PLAY / APPLE APP STORE: The following terms only apply if you’re using the Evolv28 app downloaded from Google Play or Apple App Store. 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 Evolv28 App downloaded from the Google Play / Apple App Store. You recognize and accept that these Terms of Use are solely between you and Evolv28, not Google Play Store / Apple App Store, and that Google Play Store / Apple App Store has no liability for the Evolv28 App or content thereof. Your use of the Evolv28 App must fall in with the Terms and Conditions of Google Play Store / Apple App Store. You acknowledge that Google Play Store / Apple App Store has no liability at all to issue any support and maintenance services with respect to the Evolv28 Google Play Store / Apple App Store. In case the Evolv28 App fails to adhere to any applicable warranty, you may notify Google Play Store / Apple App Store, and Google Play Store / Apple App Store will refund the purchase price, if any, for the Evolv28 App to you; to the maximum extent permitted by applicable law, Google Play Store / Apple App Store will have no other warranty obligation whatsoever with respect to the Evolv28 App, and any other losses, damages, claims, liabilities, expenses or costs attributable to any failure to adhere to any warranty will be solely governed by these Terms of Use. You and Evolv28 both accept that Google Play Store / Apple App Store is not accountable for addressing any claims of you or any third party relating to the Evolv28 App or your use and/or possession of the Evolv28 App, including, but not limited to: (1) product liability claims (2) claims that the Evolv28 App does not comply with any applicable legal or regulatory requirement (3) claims to arise under consumer protection or similar legislation. Both You and Evolv28 agree that, in the case of any third party claim that the Evolv28 App or your possession and use of that Evolv28 App violate that third party’s intellectual property rights, Evolv28, not Google Play or Apple, will be solely liable for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must strictly abide by the applicable third-party terms of agreement when using the Evolv28 App.
18. 21. RETURN AND REFUND POLICY:
    1. 21.1 Return: The product must be returned to us within 15 days from the date it has been delivered to the customer. The product must be returned with all tags attached in its original condition along with all packing material, courier receipt, invoice, and other papers.
    2. 21.2 Refund: Once the Product is received by the company successfully, our team of professionals from AETHER MIND TECH SOLUTIONS will inspect it and instantly initiate the refund to the original payment method you used during the purchase of the device. For credit card payments, it may take 5 to 10 business days for a refund to show up on your credit card statement. If the product is damaged in any way, or you have initiated the return after 15 days, you are not entitled to a refund.
    3. 21.3 Cancellation Policy: Please note an order can only be cancelled within 24 hours of placing the order. Once the order is processed after 24 hours, no cancellation request will be entertained. However, a return is possible for all orders, or customers can cancel an order only before the order has been shipped/dispatched. After the product(s) has been shipped, a return is possible for all orders within 15 days of receiving the product.
    4. 21.4 Shipping & Delivery Policies:
       1. 21.4.1 Shipping: Evolv28 ships its products to almost all parts of India. Orders placed will be shipped within the time lines mentioned on the website before purchasing. We ship on all days except Sundays and National Holidays.
       2. 21.4.2 Delivery: For all areas serviced by reputed couriers, the delivery time would be within 3 to 4 business days of shipping (business days exclude Sundays and other holidays). For other areas, the products will be shipped and may take 1-2 weeks depending on location. There might be unexpected delays in the delivery of your order due to unavoidable and undetermined logistics challenges beyond our control for which Evolv28 is not liable and would request its users to cooperate as Evolv28 continuously tries to avoid such instances. Also, Evolv28 reserves the right to cancel your order at its sole discretion in cases where it takes longer than usual delivery time or the shipment is physically untraceable and refund the amount paid for the cancelled product(s) to your source account.
19. 22. GENERAL PROVISIONS:
    1. 22.1 Assignment: Evolv28 may assign these Terms of Use, partly or fully, to any entity or person at any time with or without your consent. You may not assign these Terms of Use, pledge, or sublicense, assign, or otherwise share or transfer the benefit of any or all of your rights, if any, in the Service, and any attempt to the contrary is void.
    2. 22.2 Severability: If any provision of these Terms of Use shall be void, unlawful, or for any reason is unenforceable, then that provision will be termed severable from these Terms of Use and will have no effect on the validity and enforceability of any remaining provisions.
    3. 22.3 No Waiver: No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any prior or upcoming breach or default.
    4. 22.4 Entire Agreement: These Terms of Use are the complete, unique and exclusive statement of the agreement between you and Evolv28 regarding the Service, and these Terms of Use supplant any prior or contemporaneous agreement, either written or oral, and any other communications with regard thereto between you and Evolv28.
    5. 22.5 Headings: The section titles used here are for reference only and cannot be read for any legal effect.
    6. 22.6 Changes to Terms of Use: Evolv28 may modify and update these Terms of Use at any time at its discretion. Evolv28 will publish such changes and updates from time to time by posting a revised policy on the Service and updating the “effective as of” date. You must stop using our Services immediately if you are not willing to accept our changes.
    7. 22.7 Feedback: As our service users, we may occasionally request your opinions and feedback on the service and other information regarding your experience and practice related to the service. Inputs, information, and feedback received from you become our property, transferring all rights to such input, information, and feedback to us which can be used by us for business and other purposes, including continuous efforts to improve our services.
    8. 22.8 Contact:
       AETHER MIND TECH SOLUTIONS,
       5th Floor, Octave Block, Unit 2A/1,
       Salarpuria Sattva Knowledge City,
       Madhapur, Hyderabad,
       Telangana – 500081
       India
       Toll Free: 1800-5321-025
       Email us: support@aethermt.com