GENERAL TERMS AND CONDITIONS OF BUSINESS AND USE

for pilot testing of the NerveCor device

1. Provider Identification

1.1. The provider is the company NerveCor s.r.o., ID No.: 23453371, with its registered office at Lidická 700/19, Veveří, 602 00 Brno, registered in the Commercial Register maintained by [the relevant court] (the "Provider").
1.2. Provider's contact details (non-public – fill in according to reality):

e-mail: nervecor@gmail.com

phone: 737 400 284

data mailbox: upwnu3d.

1.3. These general terms and conditions of business and use (the "Conditions") govern the rights and obligations between the Provider and natural persons – participants in the pilot testing of the NerveCor device (the "User").

2. Nature of the Pilot Project and Legal Nature of the Relationship

2.1. The pilot project involves the free loan of the NerveCor device and providing access to related software and support for the purpose of testing the device's functionality, usability, and benefits in the User's daily life. The pilot is completely free of charge for the User.
2.2. The NerveCor device is in the prototype phase, is not yet certified as a medical device, and is provided only for testing and research purposes, not as a full-fledged medical product.
2.3. The relationship between the Provider and the User has the nature of a loan agreement and a service provision agreement, concluded for the definite duration of the pilot.

3. Subject Matter and Scope of Services Provided

3.1. The Provider undertakes to provide the User free of charge with:

physical NerveCor device (prototype),

accessories (e.g., elastic band, basic packaging),

basic technical and user support for the duration of the pilot.

3.2. The User undertakes to:

use the device according to the instructions and these Conditions,

participate in testing (e.g., fill out questionnaires, provide feedback),

return the device after the pilot ends, unless otherwise agreed.

4. Free Nature of the Pilot

4.1. Participation in the pilot project is completely free of charge for the User. The User does not pay any purchase fee for the device or license fee for the software during the pilot.
4.2. The User may only bear their own costs associated with the use of the device (e.g., electricity charging, mobile phone data connection).
4.3. Any future charges (e.g., commercial version of the device, premium services) will be clearly communicated in advance and will not apply to the ongoing pilot without the User's express consent.

5. Registration and Entry into the Pilot

5.1. A condition for participation in the pilot is the User's registration via a form on the website / in the application or through another communication channel designated by the Provider.
5.2. The User shall provide truthful and complete information necessary for inclusion in the pilot during registration (especially contact details, and any basic health limitations relevant for safe use).
5.3. The Provider reserves the right to refuse a request for inclusion in the pilot, especially due to capacity reasons or due to unsuitability for a particular User (e.g., medical contraindications).

6. Device Use and Safety

6.1. Before first use of the device, the User is obliged to familiarize themselves with the user manual and safe use instructions.
6.2. The device is not waterproof – the User must not expose it to water, high humidity, extreme temperatures, or other conditions beyond those specified in the manual.
6.3. The device is not intended for persons:

with a pacemaker or other implanted electronic device,

with epilepsy or other seizure disorder,

with severe skin diseases at the application site,

other persons for whom this is expressly stated in the manual.

6.4. The User undertakes not to perform any technical interventions on the device, not to disassemble it or otherwise modify it.
6.5. The User shall not lend the device to other persons, unless the Provider expressly permits shared use within the pilot.

7. Medical and Legal Limitations

7.1. The NerveCor device and all related content (texts, audio, video, recommendations in the application) are of a supportive nature and do not replace:

medical care,

diagnostics,

psychotherapy,

crisis intervention or emergency services.

7.2. In case of acute deterioration of health, high risk of self-harm or life-threatening situations, the User is obliged to immediately contact an emergency line (e.g., 155, 112) or a doctor.
7.3. The Provider is not responsible for health consequences arising from the User's use or non-use of the device or application instead of professional help.

8. Duration of the Pilot and Termination

8.1. Pilot testing takes place for a period determined by the Provider (e.g., several weeks to months); the specific period will be communicated to the User upon inclusion in the pilot.
8.2. The User may terminate their participation in the pilot at any time by notifying the Provider (by e-mail, form, in the application) and returning the device.
8.3. The Provider is entitled to terminate a specific User's participation in the pilot, especially:

in case of breach of these Conditions,

in case of damage to the good name of the project,

for safety reasons (e.g., suspicion of health risks),

due to termination or change of the pilot project.

8.4. After the termination of the pilot, the User is obliged to return the device within the period announced by the Provider (e.g., 14 days) in the manner determined by the Provider (in person, by mail, by courier).

9. Liability for Damage and Device Damage

9.1. The User is liable for damage to the device caused intentionally or negligently, especially:

mechanical damage due to falling, spilling, unprofessional handling,

loss, theft,

interventions in the internal equipment.

9.2. In case of damage or loss of the device, the User is obliged to immediately notify the Provider of this fact.
9.3. The Provider is entitled to demand compensation for damages from the User up to the purchase value of the device, reduced by reasonable wear and tear.
9.4. Normal wear and tear arising from normal use of the device within the pilot is not borne by the User.

10. Personal Data and Usage Data

10.1. The Provider processes the User's personal data in accordance with applicable legislation and separate Personal Data Processing Principles (GDPR), which are an integral part of the relationship between the Provider and the User.
10.2. Within the pilot, the Provider may process the following data, in particular:

User's identification and contact details,

data on device and application usage (frequency, session length),

subjective feedback (questionnaires, ratings),

any technical and logging data.

10.3. Data may be used for:

improving the device and application,

evaluating the effectiveness and safety of the pilot,

research and statistical purposes in an anonymized or pseudonymized form.

10.4. The User has the right to access their personal data, rectify or erase them, restrict processing, object, and other rights according to GDPR; the method of exercising these rights is stated in the Personal Data Processing Principles.

11. Intellectual Property Rights

11.1. All rights to the NerveCor device, software, graphical interface, name, logo, texts, audiovisual materials, and other content belong to the Provider or its contractual partners.
11.2. The User obtains only a limited, non-exclusive, non-transferable license to use the application and content for their personal non-commercial purposes and only for the duration of the pilot.
11.3. The User must not:

copy, modify, decompile, or otherwise interfere with the software,

disseminate content or use it for their own commercial activity,

use the NerveCor brand in a way that could damage the Provider's good name.

12. Complaints, Technical Support, and Communication

12.1. In case of technical problems, doubts about the correct functioning of the device, or suspicion of a defect, the User is obliged to contact the Provider through designated communication channels (e-mail, chat, phone).
12.2. The Provider will provide the User with reasonable cooperation – especially instructions for solving the problem, or device replacement, if the pilot capacity allows.
12.3. Complaints in the pilot phase are handled individually; normal consumer warranty regimes may not fully apply to prototype devices and free loans, but always with the Provider's reasonable effort to rectify the situation.

13. Limitation of Provider's Liability

13.1. The Provider is not liable for indirect or consequential damages, lost profits, or harm arising from the use or inability to use the device or application, unless such exclusion contradicts mandatory provisions of legal regulations.
13.2. The Provider's total liability for any damage is limited to the value of the specific device lent to the User, unless mandatory law stipulates otherwise.

14. Changes to the Conditions

14.1. The Provider is entitled to unilaterally change these Conditions, especially in connection with the development of the pilot, changes in legal regulations, or expansion of services.
14.2. The User will be informed of any change in the Conditions in an appropriate manner (e.g., by e-mail, in the application, or on the website) with an indication of the effective date of the changes.
14.3. If the User does not agree with the change in the Conditions, they may terminate their participation in the pilot and return the device.

15. Governing Law and Dispute Resolution

15.1. These Conditions and all legal relationships between the Provider and the User are governed by the law of the Czech Republic.
15.2. The parties shall primarily attempt to resolve any disputes amicably. If no agreement is reached, the general court of the Provider shall have jurisdiction to decide the dispute, unless mandatory legal regulations stipulate otherwise (e.g., for consumers).

16. Effectiveness

16.1. These Conditions become effective on November 21, 2025.

Privacy Policy (GDPR)

NerveCor s.r.o. – pilot testing of NerveCor device

1. Controller and Contact Information

Controller of personal data (hereinafter referred to as "Controller"):
NerveCor s.r.o., ID No.: 23453371
Registered office: Lidická 700/19, Veveří, 602 00 Brno

Contact details for privacy inquiries:

e-mail: nervecor@gmail.com

postal address: NerveCor s.r.o., Lidická 700/19, Veveří, 602 00 Brno

The Controller has not appointed a data protection officer; for any questions, you can contact the provided email address.

2. Scope of Processing and Categories of Personal Data

As part of the pilot testing of the NerveCor device and related services, we process the following categories of personal data:

2.1 Identification Data

first name and surname,

optionally, year of birth / age category (if required for screening participation in the pilot).

2.2 Contact Data

email address,

phone number (if provided),

delivery / correspondence address (if necessary for sending, exchanging, or returning the device).

2.3 Data on Pilot Participation

date of inclusion in the pilot and termination of participation,

information about device handover and return (e.g., device serial number, condition upon receipt and return),

record of communication regarding pilot organization (emails, support notes).

2.4 Data from Tester's Diary and Questionnaires

The core of the pilot is your subjective experience. In the tester's diary, questionnaires, and other feedback tools, you may provide, in particular:

when and in what situations you use the device (time, circumstances, perceived intensity of stress or panic),

how you feel before, during, and after using the device,

how you subjectively evaluate the benefits, comfort, and any adverse feelings,

what specific strategies or modes help you,

free text comments, recommendations, and ideas for improvement.

The content of the diary is voluntary – you decide what and to what extent you share.

2.5 Health and Mental Well-being Data (Special Category)

If you choose to include information in questionnaires or diaries, such as "I suffer from anxiety / panic attacks / I have diagnosis XY / I see a psychologist," these are sensitive data concerning health status or mental health.
These data:

are never required as a condition for participation,

are processed only to the extent that you voluntarily provide them,

are processed with increased protection and usually in a pseudonymized form.

2.6 Operational and Technical Data

information on when and how often you use the device (e.g., number and duration of sessions per day/week),

These data are generally not health data by themselves, but when combined with other information, they may indicate your psychological burden – we handle them cautiously accordingly.

3. Purposes of Personal Data Processing

We process your personal data only to the extent necessary for these purposes:

3.1 Implementation of Pilot Testing and Contract Fulfillment

registration of pilot participants,

communication regarding pilot inclusion, progress, and termination,

ensuring device sending, exchange, and return,

technical and user support (resolving queries, reporting defects, instructions).

Without this data, we would not be able to lend you the device or carry out the pilot.

3.2 Pilot Evaluation, Product Development and Improvement

analysis of data from questionnaires and the tester's diary,

evaluation of the device's subjective benefit (e.g., reduction of perceived stress, better management of panic situations),

testing and optimization of device functions and potential applications,

increasing user-friendliness (UX, ergonomics, in-app content).

Data is a key basis for us to decide what to keep in the product, what to adjust, and how to improve it to make it truly useful.

3.3 Research, Statistics, and Reporting in Anonymized/Pseudonymized Form

creation of aggregated overviews (e.g., how many users use the device daily, at what times, with what subjective effect),

materials for expert outputs (articles, presentations, discussions with mental health professionals),

internal reporting for planning future development.

For these purposes, we use anonymized or pseudonymized data where possible – so that you cannot be directly identified.

3.4 Communication about News and Follow-up Projects (with consent only)

sending information about NerveCor development, new testing waves, or products,

invitations to follow-up research or communities,

potential offer of a commercial version of the device or services after the pilot concludes.

This processing only takes place if you give us your explicit consent (e.g., by checking a box in the registration form). You can withdraw your consent at any time.

4. Legal Bases for Processing

We process your data on the following legal bases of GDPR:

1. 
   Performance of a contract (Art. 6(1)(b) GDPR)
   – necessary for your participation in the pilot (registration, device loan, communication, support).
   
2. 
   Legitimate interest of the Controller (Art. 6(1)(f) GDPR)
   – especially for basic analytics and internal pilot evaluation, protection of our rights (e.g., device return, damage resolution), system security.
   We always consider whether our legitimate interest does not disproportionately override your rights and freedoms.
   
3. 
   Consent (Art. 6(1)(a) and Art. 9(2)(a) GDPR)
   – for sensitive data concerning health status and mental health (typically what you provide in the tester's diary or selected questionnaire questions),
   – for marketing/news communication.
   Consent is voluntary, specific, and informed. You can withdraw it at any time without affecting the lawfulness of processing before withdrawal.
   

5. Personal Data Retention Period

We retain personal data only for the period strictly necessary for the given purposes:

Data required for the implementation of the pilot are retained for its duration and for a period thereafter during which it is necessary to hold documents for evaluation, potential complaints, damage events, or protection of the Controller's rights.

Data from the tester's diary and questionnaires are retained for the duration of the pilot and a reasonable period after its completion, after which we strive to either anonymize or significantly pseudonymize them so that it is no longer possible to identify a specific person.

Data processed based on consent for marketing are retained until you withdraw your consent or until we ourselves determine that the data are no longer needed.

Anonymized data (without the possibility of identifying the data subject) may be used for research and statistical purposes long-term.

Specific periods may be clarified in our internal policies; however, we always adhere to the principle of storage limitation.

6. Recipients of Personal Data and International Transfers

Your personal data may be disclosed to:

employees and collaborators of NerveCor s.r.o. who need them for their work (e.g., support, development, data analysis),

 

our contractual processors, for example:

providers of cloud services, databases, and analytical tools,

providers of questionnaire and feedback collection tools,

IT companies providing system maintenance.

 

 

We have concluded agreements with all processors that guarantee the protection of your personal data in accordance with GDPR.

We do not plan to transfer personal data to countries outside the EU/EEA within the pilot. Should such a transfer occur, we will ensure appropriate safeguards (e.g., standard contractual clauses, adequacy decision).

7. Automated Decision-making and Profiling

As part of the pilot testing:

we do not carry out automated decision-making that would produce legal effects concerning you or similarly significantly affect you,

we only use basic behavioral analytics (e.g., device usage frequency), not a complex profiling system evaluating your personality or capabilities.

Should more advanced profiling be introduced in the future, you will be transparently informed, and the meaning and possible consequences of such processing will be explained to you.

8. How We Protect Your Data

We use appropriate technical and organizational measures to protect your personal data, for example:

limited access to data based on role (role-based access),

encrypted communication between client devices and servers (e.g., HTTPS),

strong passwords and account security settings,

regular system updates and security monitoring,

contractual assurance of processor obligations and confidentiality.

Our goal is to minimize the risk of loss, misuse, unauthorized access, or other unlawful handling of personal data.

9. Your Rights as a Data Subject

You have the following rights:

1. 
   Right of access – to know what data we process about you, for what purpose, for how long, where it comes from, and to whom it is disclosed.
   
2. 
   Right to rectification – if the data is inaccurate or incomplete, you can request its correction or completion.
   
3. 
   Right to erasure (right to be forgotten) – in cases stipulated by GDPR (e.g., if data is no longer needed, you withdraw consent, you raise a legitimate objection, processing is unlawful).
   
4. 
   Right to restriction of processing – e.g., if you dispute the accuracy of the data, disagree with processing based on legitimate interest, or only request restriction instead of erasure.
   
5. 
   Right to data portability – for data you have provided to us and which we process based on a contract or consent, you can request their transfer in a structured, commonly used, and machine-readable format, or their transmission to another controller.
   
6. 
   Right to object – against processing based on legitimate interest; in such a case, we will consider whether our reasons outweigh your rights. You can object to processing for direct marketing purposes at any time, and in such a case, we will no longer use the data for marketing.
   
7. 
   Right to withdraw consent – if processing is based on consent, you can withdraw it at any time (for example, by unsubscribing from a newsletter or by requesting the cessation of processing of identifiable diary entries).
   
8. 
   Right to lodge a complaint – if you believe that we are not handling your data in accordance with legal regulations, you can contact the Office for Personal Data Protection (www.uoou.cz).
   

10. How to Exercise Your Rights

You can exercise your rights in the following ways:

by email to: nervecor@gmail.com

in writing to: NerveCor s.r.o., Lidická 700/19, Veveří, 602 00 Brno

For security reasons, we may require reasonable proof of identity from you. We will process your request without undue delay, no later than 1 month from its receipt (in more complex cases, the period may be extended in accordance with GDPR).

11. Changes to the Privacy Policy

We may update this policy, especially:

if there is a change in the manner, scope, or purposes of processing,

if legal regulations or recommendations of supervisory authorities change,

if we add new services or features (e.g., mobile application, new types of questionnaires).

The current version of the policy will always be available in the pilot documentation or upon request via email. In the event of significant changes, we will inform you appropriately (website, email, application).