AGREEMENT

In accordance with this EEGer Training Kit Rental Agreement (hereinafter referred to as Agreement), entered into on this ______ day of _____________ , 20___, EEG Store (known hereinafter as Lessor), and ____________________________ (known hereinafter as Leaseholder), do hereby agree to abide by the terms described in this Agreement.

TRAINING KIT ELIGIBILITY

Lease-holder affirms they are registered for the EEGer Online Practicum and/or a BCIA-approved Introduction to Neurofeedback course and thereby qualify for Training Kit rental.

OWNERSHIP & USE

Lease-holder and Lessor intend that (1) EEGer Dongle and (1) 2-channel EEG amplifier and its cable (collectively known hereinafter as Equipment), are leased to Lease-holder for 60 days. Supplies such as are necessary for the practice of neurofeedback (including EEG electrodes and conductive paste), shall transfer ownership upon full payment according to details of invoice. Lessor agrees that the Leaseholder shall be licensed to use one instance of the EEGer4 neurofeedback software Home Use License (including the license dongle), subject to the conditions outlined in this document.

TERMS & PRICE

Lease-holder shall pay Lessor for the EEGer Training Kit, to include: Equipment and supplies stated in Ownership & Use above and a license keyfile for Home Use of the software expiring 60 days after last Practicum Session. Lease-holder receives special pricing on conversion of Training Kit Rental into a purchase outright, purchase on a payment plan or a subscription. See Conversion Options below for more details.

RETURN POLICY

1. Lease-holder will return only Equipment leased, i.e. (1) EEGer Dongle and (1) 2-channel EEG amplifier and its cable.
2. Equipment will be fully tested and must pass testing prior to refund of rental deposit.
3. If Equipment is returned postmarked 0 to 60 days after last Practicum Session, Lease-holder receives $600 equipment deposit refund.
4. Equipment not returned postmarked up to 60 days after last Practicum Session is property of Lease-holder and Lease-holder forfeits equipment deposit refund.
5. Buyback of Equipment after 60 days after last Practicum Session is not guaranteed and may be available at Lessor’s discretion.
6. For continued use of EEGer software beyond 60 days after last Practicum Session, see Conversion Options below.

CONVERSION OPTIONS

Lease-holder may consider two paths to continued use of EEGer after the Training Kit Rental Period with either a Clinical or Home Use License depending on eligibility and goals.

A. Conversion into an EEGer Clinical license

An EEGer Clinical license allows for unrestricted access and use of the EEGer4 software. This requires that Lease-holder is a licensed clinician and has attended hands-on training such as the EEGer Online Practicum. A Lease-holder who is a licensed clinician and is training under the mentorship or supervision of a Clinical Supervisor may be considered for eligibility.

Options for conversions below.

1. Subscription: Lease-holder agrees to a recurring charge to their credit card of $75 on the 1^st day of each subsequent month and receives a clinical license keyfile each month.

2. Payment Plan Purchase:

a. 12-month Payment Plan: After applying the $600 deposit and a $250 discount, a down payment of $1390 is due. Lease-holder agrees to a recurring charge to their credit card of $455 on the 1^st day of the subsequent 12 months. Lease-holder receives a new Clinical license keyfile each month until lease is paid off. After 12 payments, Lease-holder receives Clinical keyfile renewed annually at no charge.

b. 36-month Payment Plan: After applying the $600 deposit and a $250 discount, a down payment of $1050 is due. Lease-holder agrees to a recurring charge to their credit card of $185 on the 1^st day of the subsequent 36 months. Lease-holder receives a new Clinical license keyfile each month until lease is paid off. After 36 payments, Lease-holder receives Clinical keyfile renewed annually at no charge.

3. Outright Purchase: After applying the $600 deposit and a $400 discount, a total of $4150 is due. A Clinical license keyfile is sent and renewed annually at no cost.

B. Conversion into an EEGer Home Use License Subscription

An EEGer Home Use license allows restricted access to and use of the EEGer4 software, under the supervision and prescription of a supervising clinician. Lease-holder is not required to be a licensed clinician nor to have attended a BCIA-approved introductory course. Lease-holder must locate and retain a supervising clinician to oversee their home training. No additional down payment or deposit is required. Lease-holder agrees to a recurring charge to their credit card of $95 on the 1^st day of each subsequent month and receives a new license keyfile each month.

PAYMENT PLANS & SUBSCRIPTION MONTHLY PAYMENTS

Should Lease-holder convert this Agreement to a payment plan or subscription, and agrees to monthly payments, it is entirely the responsibility of the Lease-holder to ensure their email contact information and credit card payment information is up to date with Lessor. Failure to do so may result in reduced or non-functionality of the software.

For each monthly payment that is late for whatever reason by more than three days, a late fee of $25 shall be due immediately from Lease-holder. Any payment amount or late fee shall not be considered paid until it does successfully and completely clear processing. This will vary depending on payment method; anticipating differences in normal processing time is the responsibility of the Lease-holder. The Lessor may in good faith waive a late-fee or otherwise grant allowances for circumstances. Any such good-faith waiver of entitlements does not imply a waiver of any other terms of this contract. Failure to pay the agreed upon payments on time, and failure to pay the subsequent late fee, shall result in Lease-holder's account being considered in arrears. If the Lease-holder's account remains in arrears according to the conditions described below, they shall be considered in Default. See DEFAULT.

Should the Lease-holder default on this Agreement, as defined below, the Lessor is entitled to keep all monies paid by the Lease-holder to that point, including the dongle deposit. No refund or credits shall be due to Lease-holder.

DEFAULT

Lease-holder shall be found to be in Default in the following circumstances:

1) Failure to process payment for the full monthly payment amount for 60 days, consecutive, from date of last payment.

2) Paying the full amount late for three months, not necessarily consecutively, but not paying the late fee of $25.00, due on the 4th day of the month.

3) Lease-holder discontinues the subscription or lease-to-own purchase, either mid-Contract Period, or without doing so in writing.

4) Violation of any covenant outlined below.

If the account is in Default, the Lease-holder shall immediately return the dongle, signature required, to the Lessor. Liability for continued payment of the monthly payments and applicable late fees shall continue until Lessor receives the dongle. If in Default, Lessor may take such steps as necessary, such as cessation of license/dongle authorization to encourage compliance with this Agreement. Lessor disclaims responsibility for alleged lost wages or other income that may result from the Lease-holder account being in Default.

COVENANTS

1) Lease-holder does acknowledge that keeping the lease Equipment in excellent working order is their sole responsibility.

2) Lease-holder shall conform to and obey all laws with respect to use of the Equipment and EEGer software. They agree to remain a licensed health-care provider, or supervised by such, in accordance with requirements of the applicable state professional board.

3) Lease-holder agrees that, if by choice or unforeseen circumstance they do Default on the terms of the Agreement, they will return the dongle immediately to the Lessor. In such a case, the Lease-holder agrees to continuing payments until Lessor receives dongle.

4) Lease-holder shall inform Lessor of any and all changes in their licensing status, payment details and/or contact information.

5) Lessor agrees that the Lease-holder is entitled to use of product without interference or interruption by Lessor, provided that their account is in good standing.

6) Lessor warrants that the Equipment as shipped is in working order. Installation and configuration of software are the sole responsibility of the Lease-holder.

7) Lease-holder shall indemnify and hold harmless the Lessor against any and all alleged claims, damages, or actions, arising from Lease-holder's possession or use of the Equipment or software. Lessor disclaims any and all legal or financial responsibility for any alleged damages, actions or claims that may arise as a result of Lease-holder's use or possession of the equipment. Lessor makes no claims, warranties or representations as to the efficacy, sufficiency or suitability of any neurofeedback equipment, program, protocol, or modality.

All parties agree that this Agreement comprises the entirety of the contract between them with respect to the equipment and licensed software in question, which Agreement supersedes and replaces any and all previous written or oral agreements, warranties, representations, claims, negotiations, and/or understandings with respect to said equipment. All parties affirm and warrant that they have not relied on any statements or representations as inducement to enter this Agreement other than what is expressly written herein. This Agreement may only be amended by writing executed by all parties hereto. This Agreement shall be binding upon the parties, their heirs, executors, administrators, successors, or assigns.

The terms of this Agreement are governed by applicable laws in Florida, USA. Should a dispute arise, or legal proceedings become necessary to enforce any right or obligation under this contract, all parties hereby waive their rights to a trial by jury. They do agree that should legal proceedings become necessary, they will take place in Alachua County, FL. In addition to other damages awarded, the prevailing party shall be reimbursed its reasonable court costs and attorney fees, not to exceed $500, by the non-prevailing party.

Lease-holder understands that a nonpayment, late payment or breach of any of the terms of this Agreement may be reported to a credit agency, and may create a negative credit record on their credit report. Should any provision of this Subscription be found to be invalid, that clause may be severed, and remaining portions of the contract shall remain valid and in full effect.

TECHNICAL SUPPORT

Lease-holder is invited to attend complimentary technical support office hours to ask questions about any technical issues they encounter. Scheduled individual technical support sessions are available from Lessor for $85 per issue. Troubleshooting recommendations are available by email at no charge.

Appointments for technical support may be scheduled Monday-Friday from 12-4pm EST dependent on availability. EEGer Alliance members receive complimentary support and priority scheduling.