TERMS AND CONDITIONS
Effective Date: August 12, 2026
These Terms and Conditions (“Terms”) govern your access to and use of MemorySPEX.com (the “Website”), including any purchases, preorders, content, features, and services offered through the Website.
The Website is owned and operated by Hypersence, Inc. (“Hypersence,” “we,” “us,” or “our”). By accessing the Website or placing an order, you agree to these Terms. If you do not agree, please do not use the Website.
1. About MemorySPEX
Hypersence is pioneering NeuroWellness™ through innovative consumer technology. MemorySPEX® is being developed as a general-wellness product designed to support cognitive performance, including focus and mental clarity.
MemorySPEX is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Information presented on this Website is provided for general educational and informational purposes and is not medical advice.
2. Medical and Safety Disclaimer
Nothing on this Website should be interpreted as medical advice or used as a substitute for consultation with a qualified healthcare professional.
Consult a healthcare professional before using MemorySPEX if you have epilepsy, a history of seizures, sensitivity to flashing or patterned light, a neurological condition, an implanted medical device, a serious eye condition, or any other medical concern that could affect safe use.
Always follow the instructions, warnings, and safety information supplied with the product. Stop using the product and seek appropriate medical advice if you experience discomfort, dizziness, visual disturbances, headache, disorientation, or another unexpected reaction.
Individual experiences and results may vary. We do not guarantee any particular health, wellness, cognitive, professional, educational, or financial outcome.
3. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to make a purchase or preorder through this Website.
By placing an order, you represent that the information you provide is accurate, complete, and current and that you are authorized to use the selected payment method.
4. Product Development and Availability
MemorySPEX may be under development, testing, manufacturing preparation, or limited release. Product descriptions, specifications, appearance, features, packaging, accessories, software, anticipated availability, and delivery estimates may change as development progresses.
Images and videos may include prototypes, renderings, or representations of anticipated products. The production version may differ from those representations.
We reserve the right to modify or discontinue a product or feature when reasonably necessary, subject to our obligations to customers with outstanding orders.
5. Preorders
A preorder reserves the opportunity to receive MemorySPEX when it becomes commercially available. A preorder does not guarantee a specific production or delivery date unless we expressly provide one in writing.
Any estimated shipping or delivery date is an estimate and may change due to product development, testing, regulatory considerations, manufacturing, supply-chain conditions, or circumstances outside our reasonable control.
If we cannot ship within the timeframe stated when you place your preorder, we will notify you and provide the options required by applicable law, which may include consenting to a revised delivery date or canceling your preorder for a full refund.
You may cancel an unshipped preorder by contacting us at customerservice@memoryspex.com. If the order has not shipped, we will issue any required refund to the original payment method.
We may cancel a preorder and issue a refund if we determine that we cannot fulfill it, if a payment cannot be processed, or if fraud or misuse is suspected.
6. Prices and Payment
Prices are displayed in U.S. dollars unless otherwise stated. Applicable taxes, shipping charges, and other disclosed fees may be added at checkout.
We may change prices at any time, but a price change will not affect an order already accepted unless the customer agrees to the change or the original price resulted from an obvious error.
By submitting payment information, you authorize us and our payment processors to charge the stated amount using your selected payment method.
7. Shipping and Delivery
Shipping availability, methods, costs, and estimated delivery times will be displayed during checkout or communicated before shipment.
Delivery dates are estimates unless expressly guaranteed in writing. We are not responsible for delays caused by carriers, incorrect addresses, customs processing, severe weather, or events outside our reasonable control.
Risk of loss and title transfer as provided by applicable law. You are responsible for providing a complete and accurate shipping address.
8. Returns, Refunds, and Warranty
Returns and refunds are governed by our posted Return and Refund Policy, and by applicable law.
Any product warranty will be described in the written warranty supplied with the product. No statement on this Website creates an additional warranty unless expressly identified as a warranty.
Nothing in these Terms limits rights or remedies that cannot legally be waived.
9. Subscription Services
If Hypersence offers optional subscription services, the price, billing frequency, included features, cancellation procedure, and any renewal terms will be clearly disclosed before enrollment.
We will not charge you for a recurring subscription unless you affirmatively agree to its terms. You may cancel a subscription using the method disclosed when you enroll, subject to applicable law and any stated effective date for cancellation.
10. Website Content
Website content is provided for general information and may be updated as scientific research, product development, and regulatory plans evolve.
We strive to provide accurate information but do not warrant that every description, price, image, specification, availability estimate, or other item of content will always be complete, current, or error-free.
We may correct errors, update information, or cancel an affected transaction when reasonably necessary. If we cancel a paid order because of an error, we will provide an appropriate refund.
11. Scientific Research and Third-Party References
References to scientific studies, institutions, researchers, government agencies, or third-party technologies are provided for educational context.
Such references do not imply that any researcher, institution, government agency, or other third party endorses, sponsors, approves, or is affiliated with MemorySPEX or Hypersence unless we expressly state otherwise.
Research involving 40 Hz stimulation or related technology does not necessarily establish that MemorySPEX will produce the same findings or outcomes.
12. Testimonials and User Experiences
Testimonials and personal stories reflect the experiences of the individuals providing them. They do not guarantee that another person will experience the same or similar results.
Compensation, free products, investments, or other material relationships connected to an endorsement will be disclosed as required by law.
13. Intellectual Property
The Website and its content—including text, graphics, videos, photographs, designs, logos, product names, software, and other materials—are owned by or licensed to Hypersence and are protected by intellectual-property laws.
MemorySPEX® is a registered trademark, and NeuroWellness™ is a trademark used by Hypersence. Other trademarks appearing on the Website belong to their respective owners.
You may use the Website for personal, noncommercial purposes. You may not copy, reproduce, modify, distribute, publish, sell, exploit, reverse engineer, or create derivative works from the Website or its content without our prior written permission.
14. Acceptable Use
You agree not to:
Use the Website for an unlawful, fraudulent, or abusive purpose.
Interfere with the Website’s security or operation.
Attempt to gain unauthorized access to accounts, systems, or data.
Introduce malware, harmful code, automated scraping tools, or disruptive technology.
Impersonate another person or misrepresent your identity.
Infringe the rights of Hypersence or another person.
Use Website content to develop, market, or promote an unauthorized competing product.
We may restrict or terminate access when we reasonably believe these Terms have been violated.
15. Third-Party Services and Links
The Website may contain links to third-party websites or use third-party services for payments, hosting, analytics, video, shipping, or other functions.
We do not control and are not responsible for third-party websites, services, content, security, availability, or privacy practices. Your use of third-party services may be governed by separate terms and policies.
16. Privacy
Our collection and use of personal information are governed by our Privacy Policy. By using the Website, you acknowledge that you have reviewed that policy.
17. Disclaimer of Warranties
To the fullest extent permitted by law, the Website and its content are provided “as is” and “as available.” Hypersence disclaims implied warranties of merchantability, fitness for a particular purpose, noninfringement, and uninterrupted or error-free operation, except where such disclaimers are prohibited by law.
This section does not eliminate any express written product warranty or consumer right that cannot legally be excluded.
18. Limitation of Liability
To the fullest extent permitted by law, Hypersence and its officers, directors, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of—or inability to use—the Website.
For claims arising solely from a Website purchase, our aggregate liability will not exceed the amount you paid for the product or service giving rise to the claim, except where applicable law does not permit that limitation.
Nothing in these Terms excludes liability that cannot legally be limited or excluded.
19. Indemnification
To the extent permitted by law, you agree to indemnify and hold Hypersence harmless from third-party claims, damages, or expenses arising from your unlawful use of the Website, your violation of these Terms, or your infringement of another person’s rights.
20. Governing Law and Disputes
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
Before filing a legal action, you agree to contact us and make a good-faith effort to resolve the dispute informally. Unless applicable law requires otherwise, legal proceedings relating to these Terms will be brought in a court of competent jurisdiction located in Ottawa County, Michigan.
Nothing in this section prevents either party from seeking relief in small-claims court when eligible or from exercising rights that cannot legally be waived.
21. Changes to These Terms
We may update these Terms to reflect changes in our products, operations, or legal obligations. The updated version will be posted on this page with a revised effective date.
Changes will apply prospectively unless applicable law permits otherwise. Material changes affecting an existing order will not be imposed retroactively without appropriate notice or consent.
22. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. The unenforceable provision will be interpreted or modified only to the extent necessary to make it enforceable.
23. Entire Agreement
These Terms, together with any applicable Privacy Policy, Return and Refund Policy, written warranty, and checkout disclosures, constitute the agreement between you and Hypersence regarding your use of the Website and any Website transaction.
24. Contact Us
Questions about these Terms may be directed to:
Hypersence, Inc.
1528 Meadow Lane
Grand Haven, Michigan 49417
616-502-7296