Terms of service

Effective Date

December 18th, 2024

These terms of use include a limited liability provision, an arbitration clause that limits your rights in a court of law. Please read these terms thoroughly and do not use Zendo if you do not agree with these terms.

Zendo is not a medical device, and is not intended to diagnose, treat, cure, or prevent any disease. 

1. Responsibility for Local Taxes and Duties As a customer located outside the United States, you are solely responsible for any applicable local taxes, duties, VAT, or customs fees required by your country or region. These charges are not included in the price of the product or the shipping costs displayed on our website. It is your responsibility to ensure that any required payments are made promptly to your local authorities or customs office.

2. Returns Due to Unpaid Taxes or Duties If your package is returned to us because local taxes, duties, or customs fees were unpaid:

• A $15 restocking fee will be deducted from your refund.

• A $40 return shipping fee will also be deducted from your refund to cover the cost of the return.

3. Refund Processing Refunds for returned items due to unpaid taxes or duties will be processed only after we receive the returned product in its original, unused condition. Any additional costs incurred during the return process may also be deducted from the final refund amount.

Terms of Use

Bodhi Neurotech, Inc. (“Bodhi”) is a Charleston, SC company that makes wearable neuromodulation systems to enhance meditation practice. This system, called (“Zendo”) uses weak electrical stimulation delivered to your forehead for 20 minutes. Zendo is currently available for sale at www.zendomeditation.com.

These terms of use describe your rights and responsibilities concerning your use of Zendo. Materials, use of Zendo and/or services including any support provided to you by Bodhi (collectively, the “Service”) and create a legally binding agreement between you and Bodhi.

Your use of the service establishes your agreement to the terms, conditions, and policies (“Terms of Use”) addressed within this document. If you do not agree with all of the Terms of Use, you are prohibited from using the service. Your use of Zendo and our Service is subject to these Terms of Use and Bodhi’s Privacy Policy. For purposes of these Terms of Use, the terms “we,” “us,” and “our,” refer to Bodhi. “You” refers to yourself as a user of our Service. Zendo refers to our system hardware.

If you are using Zendo or accessing the Service on behalf of an (“Entity”), such as another individual, a corporation, organization, meditation center, wellness center, sports team or any other organization, then you represent to us that you have the power and authority to bind such Entity to these Terms of Use.

 

Eligibility to Use Zendo and the Service

You may only use Zendo and the Service offered and available to you if you:

a)   Are 18 years of age or older.

b)   Are capable of consenting to the Service

c)   Do not have a skull defect or any implant in your skull

d)   Do not have a seizure disorder

e)   Do not have any medical device implanted in your body

f)   Do not have a skin disorder currently affecting your forehead and temple areas of your face

g)   Do not have current skin burns, cuts, wounds, or lesions on your forehead and temple areas of your face

h)    Do not use the service while using mind-altering substances (alcohol, marijuana, or illicit substances)

By using the Service, you represent and warrant that you meet (a-i) criteria above to form a binding contract with Bodhi. If you do not meet all of these requirements, you must not use Zendo or any of the Service offered.

 

Using Zendo With 3rd Party Hardware, Software, or Services

The Service may only be used with a Zendo system made and distributed by or on behalf of Bodhi. You may not use the Service with any hardware or software that is not manufactured, distributed, or sold by or on behalf of Bodhi (such as an alternative neuromodulation system, Zendo or Services purchased on unofficial 3rd party websites). Any violation of this provision will result in the forfeiture of these Terms of Use and may result in the immediate termination of your ability to access the Service.

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 or controlled by Bodhi. Bodhi is not responsible for the information, advertising, products, resources or other material of any Third-Party Site. Bodhi is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of any content, goods, or services available on any Third-Party Sites.

 

Use License

Subject to your compliance with these Terms of Use, Bodhi grants you a personal license to use Zendo and the Service for personal, non-commercial use only. This licence may not be transferred or assigned to other parties. This license is for using Zendo and the Service for personal meditation enhancement and not for any other use.

You agree that you will not:

a)   Disassemble or copy Zendo or the Service;

b)   Infringe on the copyright or use the Zendo trademark, logos, and images;

c)   Alter your Zendo in anyway;

d)   Use the Service for illegal or unethical purposes;

e)   Use Zendo or the Service in any way not expressly permitted by these Terms of Use.

 

User Generated and Submitted Content

Any content that is submitted to us through our website, social media, or Bodhi related interactions (“Services”) by users, or otherwise added, uploaded, distributed or posted to the Services, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses and comments (“User Content”), is the sole responsibility of the person who originated such User Content.

User Content also includes content provided by users through your social media account (e.g., Facebook, Instagram, Twitter, etc.) if such User Content mentions, tags or otherwise interacts with Bodhi, Zendo, the Service, or any of our affiliated products or services. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations.

User Content that you submit must not:

a)   contain any content that infringes intellectual property or trade secret rights, data protection or privacy rights of an individual or Bodhi;

b) be defamatory or threatening;

c)   impersonate any person or entity;

d)  contain unauthorized advertising

 

By submitting User Content through the Services, you hereby grant us an unlimited, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services.

If you want your User Content removed from Bodhi marketing or promotional use, please provide a written notice with the description of the photo and its use to info@zendomeditation.com. Bodhi will respond within 60 days and follow-up with this request.

Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to the Services that you provide to us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto).

 

Privacy Policy

Our privacy policy is simple - we will never share or distribute any of the information you provide to us on our website with anyone outside of Bodhi.

 

Notices

Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Electronic notices should be sent to info@zendomeditation.com.

 

Force Majeure and Act of God

We shall not be liable for any failure to perform our obligations where such failure is a result from any cause beyond our reasonable control, including but not limited to: mechanical, electronic, environmental, health, government, communications failure, degradation, global health crisis, or act of God.

 

Termination

Bodhi 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 Bodhi, in its sole discretion, considers to be unacceptable or a violation of these Terms of Use. If Bodhi terminates or restricts your use and access of the Service, then you must immediately stop using all portions of the Service. 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.

 

Indemnification

You agree to indemnify and hold Bodhi harmless from and against any and all liabilities, expenses, damages, losses, fines or penalties (including reasonable attorneys’ fees) incurred by the Bodhi in connection with any claims, causes of action or demands against the Bodhi arising out of or related to: (a) your access to or use of Zendo or the Service, (b) any act of fraud or dishonesty by you in connection with your use of Zendo or 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 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.

 

Limitation of Liability

In consideration for our agreement to allow your use of Zendo or the Service, you and/or your family, heirs, personal representatives, assignees and insurers, hereby now and forever releases, waives, discharges, and covenants not to hold Bodhi liable and/or its past and present partners, limited partners, owners, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners and employees of any owners or entity owners), employees, agents, attorneys, directors, officers, shareholders, contractors, successors, assigns, subsidiaries, affiliates and insurers (collectively "Released Parties"), from of and for any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description, known, unknown, discovered, undiscovered, suspected or unsuspected (collectively "Claims") including, but not limited to any and all Claims arising out of or in any way related to Zendo or the Service, the alleged negligence of any of the Released Parties, or any personal  injury, accident, illness (including death) or property loss.

You also agree that at all times you will defend, hold harmless, and indemnify all of the Released Parties from and against any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions, causes of action and liabilities of any kind or nature whatsoever (including reasonable attorneys' fees and disbursements) arising out of, in any way related to, or in any way connected with the you use of Zendo or the Service, the alleged negligence of any of the Released Parties, or any personal injury, accident, illness (including death) or property loss.

 

Disputes

1) Informal Negotiation

You agree that for any disputes arising from your use of Zendo or the Service, you will first attempt to informally negotiate with Bodhi for at least sixty (60) days before initiating any arbitration or court proceeding. This negotiation will begin with a written notice of dispute, and Bodhi will confirm receipt of dispute notice to the email provided.

You will send your notice to info@zendomeditation.com with the subject “Dispute Notice.”

 

2) Arbitration

THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT.  IF THE SOUTH CAROLINA UNIFORM ARBITRATION ACT IS DEEMED NOT TO APPLY, SUCH ARBITRATION SHALL BE CONDUCTED PURSUANT TO THE FEDERAL ARBITRATION ACT. 

You agree that all disputes between you and us, or any of our officers, directors or employees acting in their capacity as such (whether or not dispute involves a third party) with your regard to your relationship with us, including without limitation disputes related to these Terms of Use, Terms of Sale, your use of the Service, or Zendo, and/or rights of privacy/publicity, will be resolved by binding individual arbitration. This arbitration clause is a waiver of your right to sue Bodhi at all (jury trial or otherwise).

You agree to submit any dispute, controversy, difference or claim arising out of, relating to, or in connection with this Agreement or any breach thereof (a “Claim”) to binding arbitration as provided in the South Carolina Uniform Arbitration Act, Title 15, Chapter 48 of the Code of Laws of South Carolina (or if the South Carolina Uniform Arbitration Act is deemed not to apply, the Federal Arbitration Act) (“Arbitration”).  In the event the parties submit a dispute to Arbitration, it shall be undertaken in Charleston, South Carolina. The party requesting Arbitration shall give a written demand for Arbitration to the other party by registered or certified mail.  The demand shall set forth a statement of the nature of the dispute, the amount involved and the remedies sought.  No later than thirty (30) calendar days after the demand for Arbitration is served, the parties shall jointly select and appoint an arbitrator.  If the parties do not agree on the selection of an arbitrator, each party shall select one (1) arbitrator by written notice to the other party no later than thirty-five (35) calendar days after the demand for Arbitration is served and the two (2) so selected shall select a third arbitrator, who shall serve as the arbitrator, no later than forty-five (45) calendar days after the demand for Arbitration is served.  Such arbitrator shall be knowledgeable in the areas of law governing this Agreement.  The failure of a party to select an arbitrator, or the failure of an arbitrator to provide a selection of a third arbitrator, within the times provided herein, shall eliminate the selection of an arbitrator by such party, and the arbitrator shall be the arbitrator selected by the other party in a timely manner.  Any arbitration awards shall include (i) a provision that the prevailing party in such Arbitration shall recover its costs of the Arbitration and reasonable attorneys' fees from the other party, and (ii) the amount of such costs and fees.  The parties agree that the arbitrators shall have no power or authority to make any award that provides for punitive or exemplary damages.  The arbitrators’ decision shall be final and binding.  The award may be confirmed and enforced in any court of competent jurisdiction.

 

3) Class Action Waiver

Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

 

Governing Law and Jurisdiction

Subject to the Disputes section above, these Terms of Use and Terms of Sale shall be governed by and construed in accordance with the laws of the State of South Carolina, including its conflicts of law rules, and the laws of the United States of America. Subject to the Disputes section above, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Charleston, South Carolina.

 

Severability and Waiver

These Terms of Use and Terms of Sale are the entire agreement between you and us with respect to Zendo and the Service. If any provision of the Terms of Use and Terms of Sale is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

 

Terms of Sale

You may place an order for Zendo and the Service (Terms of Sale) at any time on our website (www.zendomeditation.com). An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms of Service, at the price and on the terms stated when you sign up or place your order.

Your order will not be considered accepted until we have received payment of the purchase price of your order. The title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order.

All orders for products on our website are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed or used for any other commercial purpose. The rights you have under these Terms of Sale are personal to you and are non-transferable.

Billing

We use a third-party Payment Processor to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Sale and Service.

Promo Codes

Promo codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Promo codes are non-transferable. Bodhi reserves the right to change or limit promo codes in its sole discretion.

Shipping

Shipment of products ordered from our website are dependent on the shipping selection made by the purchaser at the time of checkout. Bodhi will do it’s best to get products to you in the amount of time specified on checkout, however we cannot guarantee all products will arrive by the date specified at checkout. Bodhi is not responsible for shipping delays or any delivery issues related with the shipping provider.

Returns

All returns are subject to the rules set forth in our support page (www.zendomeditation.com/pages/support). Please go to that website to determine return eligibility and process. Bodhi reserves the right to charge a restocking fee and may require you to pay return shipping for all returns that are not warranty-related.

Refund

Please note that we cannot offer refunds, exchanges or customer service for products that have been acquired from an unauthorized reseller.

Warranty

Bodhi provides a 6 month warranty from the date of purchase on all Zendo hardware purchased from the Bodhi website or authorized reseller. Please go to www.zendomeditation.com/pages/support for more information regarding warranty claims.

 

Changes to Terms of Use and Terms of Sale

Bodhi may revise and update these Terms of Use and Terms of Sale at any time in our sole discretion. Bodhi 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 30 days after the date of the change. If you do not agree to the changes, then you must immediately stop using the Service.

 

Effective Date

November 27th, 2024