RENTAL TERMS AND CONDITIONS
1. Defined Terms. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. Additionally, the following terms shall have the following meanings:
- “Agreement” means the Rental Agreement to which these Master Terms and Conditions are attached and incorporated.
- “Services” means the customer support services relating and app/software services provided by Cove in support of the chair.
- “We”, “us”, “our” and “Cove” refer to The Chair Fix LLC, d/b/a Cove by NeuroNova.
2. Services. Cove will provide the Services so long as Customer continues to fulfill all its obligations under the Agreement, including, without limitation, paying any amount due in accordance with the Agreement.
3. Payment for Units. Customer agrees to pay the monthly rental fee in advance on a recurring basis, together with all applicable taxes and other charges due under this Agreement. Required app and subscription fees are included in the monthly rental fee unless otherwise stated in writing.
Customer may cancel the rental at any time by contacting Cove by Neuronova and returning the Unit as required by this Agreement. Cancellation does not eliminate Customer’s obligation to pay amounts already due or to return the Unit. Upon cancellation, the Customer will return the Unit within 30 days to Cove by Neuronova, or will be charged the balance of the value of the Unit (see section on “Failure to Return the Unit”).
Customer authorizes Cove by Neuronova and its payment processor to charge the payment method on file for recurring rental fees and all other amounts due, including return shipping, packaging, damage, missing components, and charges resulting from failure to return the Unit.
If payment is not received, Cove by Neuronova may retry the charge. If payment remains unpaid for ten days after the due date, Cove by Neuronova may suspend services, disable, or limit the Unit’s functionality, require immediate return of the Unit, and pursue any other remedy available under this Agreement or applicable law.
The Unit must be connected to Wi-Fi to verify the rental account and maintain functionality. If the Unit is not connected to Wi-Fi, it may operate for no more than 100 sessions before becoming disabled. Customer is responsible for maintaining a compatible Wi-Fi connection. Failure to connect the Unit to Wi-Fi does not excuse payment.
4. Use of the Units and Services. Customer will (i) use the Units in a safe manner; (ii) comply with all applicable laws; and (iii) permit only persons authorized by Customer to access, receive and use the Services. Customer agrees that it is responsible for internet connectivity in order to utilize the Units. Customer shall ensure that each Unit is (a) complete, in good operating condition and repair and performing according to manufacturer's published specifications, (b) supplied with all necessary parts, such that Cove can gather necessary data to provide monitoring, data analytics and other services to support Unit’s use and reporting to Customer. Customer shall not provide Cove access to any protected health information or other personally identifiable data.
5. Shipping, Returns, Damage, and Failure to Return.
5.1 Return Requirements
Customer is responsible for all return costs, including shipping, packaging, boxes, packing materials, and packing services, unless Cove by Neuronova agrees otherwise in writing.
To cancel and return a Unit, Customer must contact Cove by Neuronova and follow Cove by Neuronova’s return instructions. The Unit must be delivered to the designated carrier within 10 days after Customer contacts Cove by Neuronova to request the return.
Cove by Neuronova may provide a return label for tracking purposes. Unless otherwise stated in writing, Customer remains responsible for the cost of the label and all related return expenses.
To help estimate return costs, below are approximate pricing examples obtained from UPS and FedEx locations in Cove by Neuronova's local area of Provo, Utah. Actual pricing, available services, and packaging options may vary by location, carrier, and the condition of the Unit at the time of shipment. Customers are encouraged to contact their local UPS Store or FedEx Office for current pricing before returning the Unit.
UPS (Estimated Pricing)
- Customer packs the unit (instructions below). Approximately $25 or more. Must include the following:
- One 24" × 24" × 24" shipping box
- Required packing and void-fill materials
Product safety is not guaranteed when the Unit is packed by the Customer.
- Basic packing service: Approximately $35, which includes the following:
- One 24" × 24" × 24" shipping box
- Protective bagging
- Packing and void-fill materials
- Labor
The carrier's packing guarantee may apply, subject to the carrier's terms and conditions.
- Standard packing service: Approximately $80, which includes the following:
- One 24" × 24" × 24" shipping box
- Packing materials
- Professional packing labor
The carrier's packing guarantee may apply, subject to the carrier's terms and conditions.
FedEx (Estimated Pricing)
- Customer packs the unit (instructions below). Approximately $13 or more, which includes the following:
- One 24" × 24" × 24" shipping box
- Required packing materials
Product safety is not guaranteed when the Unit is packed by the Customer.
- Professional packing service: Approximately $31, which includes the following:
- One 24" × 24" × 24" shipping box
- Packing materials
- Labor
The carrier's packing guarantee may apply, subject to the carrier's terms and conditions.
Cove recommends using a professional packing service that provides packaging protection or a packing guarantee whenever available. Customer remains responsible for any loss or damage that occurs during return shipment, except to the extent covered by the carrier's packing guarantee or applicable shipping insurance.
Customers should retain their shipment receipt and tracking information until the Unit has been received and inspected by Cove.
Cove reserves the right to update these estimated packaging costs and carrier recommendations from time to time without notice, as shipping carrier pricing and services may change.
Customer Packing Instructions
- Purchase the following from your local UPS/FedEx store:
a. 24 x 24” x 24” box.
b. Void/packaging material.
- Build your box and secure the first end (bottom) of the box with a generous amount of packing tape.
- Flip the box over so it now has an opening on the top of the box.
- Wrap and secure the device with voice/packaging material.
- Place the Cove by Neuronova device in the box upside down.
a. Place void/packaging material in the box and around the device. Be sure the device is secure and will not have major shifts in transit.
- Secure the top of the box with a generous amount of packing tape.
- If provided, attach the shipping label to your shipping box, and deliver it to the designated carrier or approved shipping location.
The Unit is not considered returned until it is received by Cove by Neuronova. Customer should retain the carrier receipt and tracking information.
5.2 Risk of Loss and Damage
Customer is responsible for the Unit from the time it is delivered to the Customer until Cove by Neuronova receives it, including any loss, theft, destruction, or damage occurring during use or return shipment.
Cove by Neuronova may inspect, photograph, or record the Unit and its packaging upon return. Customer is not responsible for ordinary wear and tear but is responsible for the reasonable cost of repairing or replacing damage caused by misuse, neglect, improper handling or packaging, liquid exposure, unauthorized modification or repair, or failure to follow Cove by Neuronova’s instructions. Customer is also responsible for missing components and Units that are lost, destroyed, or damaged beyond repair.
Cove by Neuronova may charge these amounts to the payment method on file.
5.3 Failure to Return the Unit
The Unit remains Cove by Neuronova’s property unless Customer completes a separate purchase authorized by Cove by Neuronova in writing. Customer may not sell, transfer, abandon, pledge, sublet, or dispose of a rental Unit.
If Customer fails to return the Unit within the required timeframe, Cove by Neuronova may treat the failure to return as an obligation to purchase the Unit. Unless Cove by Neuronova provides a different purchase price in writing, the amount due will equal:
The then-current retail purchase price of the rented Unit, less 70% of the monthly rental payments received by Cove by Neuronova for that Unit.
Taxes, shipping, subscription fees, damage charges, and other fees do not count as rental payments toward this credit. If any deposit has been made on the rental, it may be applied to the purchase price.
Ownership does not transfer until Cove by Neuronova receives the full purchase amount and confirms the transfer in writing.
Cove by Neuronova may charge the payment method on file, recover the Unit, refer the balance to collections, report the delinquent account to consumer-reporting agencies where permitted by law, and pursue other available legal remedies. Customer may also be responsible for reasonable collection costs or other related fees to the extent permitted by law.
6. Inspection and deployment of the Units: As soon as reasonably practicable after Customer’s receipt of the Unit (but in no event later than 10 days after such receipt), Customer shall (i) inspect the Units and (ii) notify Cove if any parts are missing or were damaged in transit. Customer shall, at its expense, be responsible for setup of the Unit.
7. Warranties and Remedies. Cove warrants during the Term the replacement of any defective Unit. Cove’s warranty procedures require prompt notice of any defect and Customer’s participation in any verbal troubleshooting a problem with Cove’s representatives. If the problem is not resolvable, Cove will ship a replacement to Customer. Customer shall return to Cove the defective Unit. If Customer fails to return the defective Unit in question within 30 days of Customer’s receipt of the replacement Unit, Customer will be liable for and promptly pay upon Cove’s submission of its invoice, the replacement cost as determined by Cove of the defective Unit in question. Cove’s warranty as set forth in this policy excludes defects due to Acts of God, intentional misconduct, negligence, loss or theft.
8. Remedies. In the event of a breach of the product warranty, Customer’s sole and exclusive remedy is for Cove to either repair or replace such Units (the “Defective Units”) at Cove’s discretion and expense. Upon Customer’s receipt of any replacement Units, Customer will promptly return all Defective Units. Cove will promptly reimburse Customer for all reasonable return shipping expenses related to a Defective Unit. The Monthly Fee attributable to any Defective Unit will be suspended during any period in which such Defective Unit is in the process of being repaired or replaced.
9. No Medical Advice and Disclaimer of Warranties. None of the information provided by Cove or its representatives or the information or output from the Units or Services constitutes medical advice. Such information and output is provided on an AS-IS basis, and all express or implied warranties of any nature relating thereto are disclaimed. Cove does not warrant or represent that the Services or the information or output from the Units will be uninterrupted or error-free. Cove does not guarantee specific results or output, resulting from, or generated through the Units or Services. Customer is responsible for any and all decisions and actions relating to the Units and Services, and Cove shall have no liability therefore.
10. Limitation of Liability. COVE’S MAXIMUM LIABILITY, IF ANY, FOR ALL DAMAGES, WHETHER ARISING FROM CUSTOMER’S USE OF THE SERVICES, BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY ARISING UNDER THIS AGREEMENT, SHALL NOT EXCEED THE AMOUNT PAID TO COVE BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY.
11. Indemnification. Customer agrees to indemnify and hold harmless Cove, its officers, managers, directors, employees, consultants, and agents, from any and all liabilities, claims, expenses, damages, including reasonable legal fees and disbursements, arising out of any third-party claims or suits for damage.
12. Product Recall. Cove may be required by a regulatory agency to recall Units or voluntarily initiate a recall of the Units. In all cases of recalled Units, Cove shall replace the Unit and reimburse Customer for shipping charges incurred in returning the non-conforming Unit and Cove shall have no further obligation to Customer with respect to the recall.
13. Proprietary Rights. As between Customer and Cove, Cove owns all intellectual property rights related to or embodied within the Units, and nothing herein shall transfer any such intellectual property rights to Customer. Customer will take no actions which adversely affect Cove’s intellectual property rights in the Units.
14. Privacy Notice. Where end users or Customer provide personal information to Cove, they are giving Cove and permission to collect and use the information in connection with the use of the Units, in accordance with Cove’s Privacy Policy, available at www.choosecove.com. Furthermore, all personal data collected may be utilized by Cove in an anonymized, de-identified, aggregated form for furtherance of research and commercial purposes.
By using the Unit, Customer acknowledges and consents to Cove’s collection of usage data, including session frequency, duration, device identifiers, and app interaction data ("Usage Data"), to provide, support, and improve the service. Cove does not sell Usage Data to third parties.
15. Term and Termination. This Agreement commences on the Effective Date and renews automatically month-to-month unless either party provides written notice of cancellation at least fifteen (15) days before the next billing date or Customer chooses to purchase the unit. Return of the Unit may be initiated through the RMA processes, detailed in the Shipping and Returns policy at www.choosecove.com. Upon cancellation, Customer shall return the Unit within ten (10) days in its original condition, reasonable wear and tear excepted. Failure to return Unit timely will result in a charge for the Unit’s replacement value.
16. Governing Law and Venue: THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH WITHOUT REFERENCE TO ITS PRINCIPLES OF CONFLICTS OF LAWS. COVE AND CUSTOMER CONSENT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN SALT LAKE COUNTY, UTAH, IN ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT. THE PARTIES WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN ANY SUCH ACTION OR PROCEEDING.
17. Force Majeure. Except for the obligation of Customer to timely pay the Monthly Rental Fee, the obligations of each party hereunder to perform under the Agreement will be excused during each period of delay caused by acts of God, shortages of power or materials, disruptions in communication, government orders, epidemics, or any other event or circumstance which is beyond the reasonable control of the party obligated to perform (“Force Majeure Event”).