TERMS AND CONDITIONS
The following Terms and Conditions (“Terms”, “Terms and Conditions”, “PulmoScan”) govern all uses of our PulmoScan device, website, mobile application (“application”, “app”), ecommerce services, platform, and support services (collectively called “services”) of PulmoScan. Our services will be available through our Device, Applications, email, phone, distributors, partners as well as our website https://pulmoscan.cognitalabs.com/. These terms apply to all of our services being offered through our device, application and website. All the terms on this website such as “we”, “us”, “our”, “us”, “website” “applications” refer to the services of PulmoScan’s platform/solution. The information is available through our Device, Application and website is directed towards you (“user”, “your”, “buyer”, “member”) through these Terms and Conditions and conditioned upon your acceptance of the terms, the policies, rules and everything else posted here. By using any of the services of our device, website and application, you agree that you are bound by the terms and rules of our device, website and mobile application. You should read these terms carefully. The terms stated in our Terms and Conditions constitute an agreement between you and our website. These terms shall apply to you as a user, visitor, buyer, customer, member and anyone who has used PulmoScan’s device, application services or accessed this website. If you are not in agreement with the terms provided on this page or any one of the terms, rules or policies of our website, you may not access the device and website in whole or in part and you also can not use our mobile application.
SECTION 1- REQUIREMENTS
SECTION 2 – REGISTRATION AND ACCOUNT PROTECTION
If you are registering as a user or member of the PulmoScan application and/or website, you are responsible for maintaining the security of your own account. You are also fully responsible for all activities that occur under your account. You must not describe or assign keywords to your profile on our website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. We have the right to change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause any liability to us. You must immediately notify us of any unauthorized uses of your account, or any other breaches of security.
We reserve the right to withdraw your access to your account without notice for any actual or suspected breach of these Terms or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information.
SECTION 3- CONDITIONS OF USING OUR SOLUTION AND WEBSITE AND GROUNDS OF TERMINATION
You Agree That:
SECTION 4 – PAYMENT POLICY FOR WEBSITE OF PulmoScan
Whenever you shop from our website and use our services, it will be according to the rules and regulations. The buyers of our website must pay the price of PulmoScan as well as the monthly subscription charges as stipulated on our product price description page before the order is processed and unless otherwise advertised all payment will be paid in full. The prices displayed on our website will be considered final and the customers are required to pay that price. The customers can select any of the payment methods provided by the Stripe payment gateway.
Mainly, these methods include:
4.1. Disclaimer of Liability
While availing any of the payment methods offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following :
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 6 – REPAIR POLICY
This Repair Policy has been written for all our customers where we ship our product(s) (PulmoScan). This includes all customers from the countries, states, and regions where we deliver our products. As part of our commitment to you, all the products which have been bought from our website or from any of our selling partners, are eligible for repair under certain conditions.
Please make sure that you understand our repair policy and ensure that all criteria are met before physically sending any items back to us. This policy has been written using simple language and simple words.
6.1. Conditions Of Repair
We offer repairs in first 30 days. during warranty which means that if any of our product has become defective the original buyer can initiate the repair. In order to send back the item during the warranty period make sure that the product must have all its original accessories and in order the item must be repaired within the warranty period. The product must have got a manufacturing defect or other defects that are covered under the warranty.
6.2. Time Limit
The buyers of PulmoScan can repair the product within a 12 months warranty period from the date of delivery. No further days will be awarded to anyone for any reason for the purpose of the return.
6.3. How To Initiate Repair
In order for us to proceed, the following conditions must be met:
SECTION 7 – REFUND POLICY
This Refund Policy is directed toward the buyers and customers to inform them about our refund policy. The Refunds can only be claimed for our official product.
7.1. Conditions For Refund
7.2 Refund Process And Conditions
Please note that for the refund process to go smoothly all conditions of the Refund Policy have to be met. Once your refund request has been received and accepted due to any reasons given above, please allow 3 to 5 business days for your refund to be processed. In the case of a successful refund process, the total refunded amount will be awarded to the customer and the refunded amount will be credited to the original method of payment.
SECTION 8 – SHIPPING POLICY
Orders will be shipped as soon as the order is processed and payments have been verified.
8.1. Shipping Rates And Carriers
We use the logistic services of USPS, FedEx and UPS. The shipping charges will be calculated at the checkout page based on the method of shipping options. Express shipping will carry slightly more charges than the standard shipping options.
8.2. Shipment Processing Time And Tracking
We will provide the tracking numbers, between 1 – 3 days after the order is placed. Once your order has been sent, a notification will be sent to your registered email address. This notification will have a tracking number through which you will be able to track your order. The processing time for order delivery may vary depending on the location.
SECTION 9 – FORCE MAJEURE DISCLAIMER
Services and deliveries that are delayed due to any events that are classified as force majeure will not be our responsibility. These events may include (but are not limited to) weather conditions, lockdowns, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, application of security regulations imposed by a government or otherwise applicable to the shipment, acts or omissions of customs officials, the authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in the ground or air transportation networks or systems due to events beyond our or shipping career’s control, disruption or failure of communication and information systems, disruption or failure of utilities, or any circumstances beyond services provider’s (such as merchant’s, manufacturer’s or company’s) control.
SECTION 10- CONDUCT AND AUTHORITY OF COGNITA LABS LLC
Without limiting any of the representations or warranties, the CEO, admin, and the owner(s) of Cognita Labs LLC and PulmoScan have the right to do the following without giving any notice. The owner(s) have the right to refuse or remove any user’s account and subscription if in their reasonable opinion it violates any of the terms, policies or is in any way harmful or objectionable. Breach of any of the rules described in these terms or any specific agreement on and through our website will result in an immediate ban without any warning.
Unless authorized and approved by the owner(s) or CEO of our website, making any agreements or business deals on behalf of our website is prohibited. The owner(s), the CEO, affiliates, or anyone related to PulmoScan or Cognita Labs LLC will not be held responsible to anyone for any unauthorized agreements or business dealings.
SECTION 11 – INTELLECTUAL PROPERTY AND GRANT OF RIGHTS
The source code, logos, patents, drawings, words, patterns, design, videos, samples, layout, graphics, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through our website is the property of Cognita Labs LLC and is protected by International and United States’ intellectual property laws. If you have used our website, services, program, product, subscription or otherwise have entered into a separate agreement with us you will also be subject to the terms of that agreement.
SECTION 12 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy and Refunds Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 13 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
SECTION 14 – PRODUCT DISCLAIMER
Your use and purchase of PulmoScan are at your own risk. By using our app, our services, and our product you acknowledge that it shall be your responsibility to discern any risks associated with the product before using it. Furthermore, the information provided through our website and mobile application must not be taken as an alternative to any advice by a medical doctor, physician, psychologist, psychiatrist, or any other specialist related to the medical field. Do not use the information for diagnosing or treating a physical, health-related, or respiratory problem or disease. Do not discontinue professional medical or healthcare provider advice because of something you have read on our website and application. Information provided through our application and website including our products or services does not create a doctor-patient relationship between you and the owner, team, affiliate, staff or any other associate of Cognita Labs LLC.
If our product is being used on the advice or instructions of a medical doctor or physician then apart from our existing terms of sale and conditions, other conditions will apply to you as a buyer of PulmoScan as well. We will not be held responsible for any medical doctor’s or physician’s advice. Any such liability resulting from our product will pass on to the medical doctor or physician who recommended our product in the first place.
SECTION 15 – APPLICATION RELIABILITY DISCLAIMER
There may be some instances when our application in whole or its specific features may not work as intended. These reliabilities issues may be due to different versions of the operating systems or firmware of the phones. Please note that we make sure to test every version of our application on a variety of operating systems of both apple and google android, however, we can’t guarantee that PulmoScan’s application will be error-free or it will even work at all on your device since different phone manufacturers (mostly android) have their own version of android. Therefore, we will not be responsible for the performance of the application on your phone and you acknowledge that the PulmoScan’s application (and the services provided through our application) is dependent upon different versions of the operating systems and other factors (such as OS update, firmware update, SOC problem, usage rights issues by a phone manufacturer, general maintenance or a fault in the systems used to provide the application). We try to ensure that the application services are available to you at all times, though we can’t promise that they will always be available or work perfectly. By using our services you hereby release us from all claims related to the reliability of PulmoScan’s android and IOS application.
SECTION 16 – THIRD-PARTY LINKS DISCLAIMER
Certain content, products, and services available via our services may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party content, materials or websites.
SECTION 17- LIMITATION OF LIABILITY
In no event will the owner(s), staff, team members, officers, employees, affiliates, agents, service providers and licensors of PulmoScan and Cognita Labs, LLC be liable with respect to any subject matter of our website under any contract, negligence, strict liability, or other legal or equitable theory for anything that a user or subscriber might do, write or say on the website. Furthermore, the owner(s), staff, team members, officers, employees, affiliates, agents, service providers or licensors of PulmoScan and Cognita Labs, LLC will not be liable for any special, consequential, indirect, incidental, punitive damages or lost profits to anyone, however, caused and on any theory of liability (including negligence) arising in any way out of services and the website and application of PulmoScan.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold our website, owner(s), staff, team members, officers, employees, affiliates, agents, service providers, and licensors harmless from any claim or demand, (including reasonable attorneys fees and expenses of litigation), made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 19 – APPLICABLE LAW AND RESOLUTION OF DISPUTES
To ensure the timely and economical resolution of disputes that arise in connection under these Terms and Conditions, Cognita Labs, LLC agrees that any and all disputes, claims, or causes of action arising from or relating to the enforcement, breach, performance, or interpretation of PulmoScan and our services at this website shall be resolved to the fullest extent permitted by law by final, binding, and confidential arbitration, by a single arbitrator, in the State of California. By agreeing to this arbitration procedure, the users and buyers waive the right to resolve any such dispute through a trial by jury or judge, or administrative proceeding. In this process the arbitrator shall; (i) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (ii) issue a written arbitration decision, to include the arbitrator’s essential findings and conclusions and a statement of the award. The arbitrator shall be authorized to award any or all remedies that both parties would be entitled to seek in a court of law. The cost of arbitration will be shared by both parties. Please note that in a matter of intellectual property dispute Cognita Labs, LLC has the right to resolve any issue by court’s action instead of arbitration.
SECTION 20 – MODIFICATION AND AMENDMENTS
We reserve the right, at our sole discretion, to modify or replace any part of these terms. It is your responsibility to check this page periodically for changes. Your continued use of our website and usage of our services following the posting of any changes to these terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the rules of these Terms and Conditions.
SECTION 22- ENTIRE DOCUMENT
These Terms and Conditions along with our Privacy Policy, and any documents referred to herein, set out the terms on which you are permitted to use our website and services. By using our website and our services, you agree to be bound by, and to comply with, these Terms.
SECTION 23 – CONTACT US
If you have any comments, questions, feedback, or suggestions you can contact us at support@cognitalabs.com.
