1. Agreement to Terms

   1. Access to any part of NeuroSenSing including the App is governed by these Terms. If you do not accept any of these Terms, please discontinue the use or access of NeuroSenSing immediately.
   2. By continuing to use or access NeuroSenSing, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms.
   3. "We", "Us" or "Our" refer to MOH Office for Healthcare Transformation ("MOHT"), National Neuroscience Institute of Singapore Pte Ltd ("NNI"), and Singapore University of Technology and Design ("SUTD").
   4. Should you be on a clinical or subclinical trial using the NeuroSenSing, these Terms shall be in addition to and without prejudice to any study consent that you have agreed to.

2. Your access to NeuroSenSing

   1. The accessibility and operation of NeuroSenSing relies on systems, databases and technologies that may not be entirely within Our control. We do not guarantee continuous accessibility or uninterrupted operation of NeuroSenSing. We will not be liable to you if, for any reason, access to NeuroSenSing is delayed or unavailable for any period of time.
   2. We may, at any time, change or suspend NeuroSenSing, any of its content, and/or access to part of or all of it, without notice and for any reason.
   3. We reserve the right to terminate or restrict your access to part or all of NeuroSenSing at any time without prior notice to you, if you are in breach of paragraph 2.4 below or any of the other Terms or for any other reason as determined by Us at Our sole and absolute discretion.
   4. In relation to your use and access to NeuroSenSing, you are required to:
      1. Use NeuroSenSing in the manner permitted in accordance with the Terms and comply with all of the Terms and Our instructions and directions regarding the use of NeuroSenSing;
      2. Comply with all applicable local and international laws and regulations when using NeuroSenSing;
      3. Comply with the Personal Data Protection Act 2012 including any re-enactment, supplement and amendments thereto from time to time ("PDPA") and/or any other applicable law relating to data privacy or confidentiality, and will not cause Us to be in breach of such laws;
      4. Not use NeuroSenSing in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, bugs or harmful data, into NeuroSenSing or any computer system;
      5. Not infringe Our intellectual property rights or those of any third party in relation to your use of NeuroSenSing;
      6. Not use NeuroSenSing in a way that could damage, disable, overburden, impair or compromise Our systems, databases, servers or security or interfere with other users;
      7. Not collect or harvest any information or data from Our systems or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories, or content on NeuroSenSing;
      8. Not rent, lease, lend, sell, trade, distribute, license and/or commercially exploit NeuroSenSing;
      9. Not use NeuroSenSing for the purposes of advertising or promoting a particular product or service without Our prior written permission;
      10. Not use NeuroSenSing in a way that suggests any official status or that We endorse you or your use of NeuroSenSing without Our prior written consent;
      11. Not make any deletions, additions, adjustments, alterations, adaptations or modifications to NeuroSenSing without Our prior written consent. You acknowledge and agree that any deletion, addition, adjustment, alteration, adaptation or modification of NeuroSenSing is a violation of Our intellectual property rights and other related rights subsisting therein; and
      12. Not to, or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of NeuroSenSing or any part thereof.
      13. Not submit, publish, transmit, post or upload any material that is factually inaccurate, misleading, deceptive, in contempt of any court, defamatory, offensive, threatening, discriminatory, racist, seditious, obscene, pornographic, indecent, or otherwise objectionable to the general public in relation to your use of NeuroSenSing.
      14. Not rely on NeuroSenSing to claim or assert any form of legitimate expectation against us, whether procedural or substantive in nature, in respect of any action that we may or may not take in the exercise of our discretion.

3. Account Registration

   1. We reserve the right to suspend your use of or terminate your account at any time without prior notice to you, if you are in breach of these Terms or for any other reason as determined by Us at Our sole and absolute discretion.
      As the account holder, you:
      1. agree to keep your account ID and password confidential and shall not allow other person to use your account;
      2. shall update your account as and when there are any changes to your details; and
      3. shall notify us immediately if you have any reason to believe that the security of your account has been compromised.
   2. You are solely responsible for any and all activities which occur under your account. We will treat all activities that occur under your account, for example if you allow another person to access your account, as having been conducted with your knowledge and authority.
   3. You acknowledge and agree that We shall have the right, at Our sole and absolute discretion, without prior notice to you, to:
      1. Access your account and its contents as and when We consider necessary for specific purposes, including but not limited to, identifying or resolving technical problems with your account or to verify any suspected irregular transactions;
      2. Block your access to your account for the purposes of investigating any breaches by you of these Terms or if We suspect that there is a compromise in the security of your account; and/or
      3. Suspend, discontinue, terminate, remove, or disbar you from the service or your use of NeuroSenSing should there be any breaches by you or suspicion of foul play, in which event, you may also be referred to the relevant law enforcement agencies for investigation (where necessary).
      4. Pause or end your involvement in NeuroSenSing, if your participation is deemed detrimental to the study or to yourself. In severe cases, the research team may report the matter to the appropriate authorities.

4. User Contributed Information

   1. The NeuroSenSing platform requires access to multiple sensors and functions within your mobile devices and/or wearable devices to function. This data is then collected and transmitted to the servers which process this data. Collectively, this transmitted data is classified as your "User Contributed Information". A full list of data you may submit to Us is listed in Appendix A.
   2. This list of information you may submit to Us may change from time to time. The use of this information shall be in accordance with the Terms, in particular Our Data Protection and Privacy Notice, and for any purposes that you have been notified of and consented to from time to time.
   3. You acknowledge that all transmitted information that was listed in Appendix A may be viewed, edited, or deleted by Us for any reason at any time without prior notice to you. Our acceptance of any User Contributed Information does not constitute a waiver of Our right to remove it in the future. For the avoidance of doubt, you do not have the right to view, edit and/or delete any information contributed from other users.
   4. You acknowledge that in relation to the User Contributed Information: (i) you have the necessary rights, licenses, consents, and permissions to submit, use and authorise Us and/or Our Affiliates to use the User Contributed Information; (ii) all the User Contributed Information (whether at the time of submission or posting or subsequent thereof) is true and accurate and (iii) you shall comply with the PDPA and/or any other applicable law relating to data privacy or confidentiality, and will not cause Us and/or Our Affiliates to be in breach of such laws
   5. You acknowledge that We may retain your User Contributed Information, even upon withdrawal from the App, in an aggregated or de-identified form for the purposes of improving Our systems, or for research, statistical and planning purposes. The type of Our business operations may include but may not necessarily be limited to:
      1. Day-to-day business and administrative operations;
      2. Research and services enhancement;
      3. Corporate governance (including internal and company audits) and policy reviews;
      4. Security and risk management;
      5. Legal and regulatory regulations (including providing assistance to law enforcement, judicial and other government agencies);
      6. Administering and managing relevant relationships to conduct and further the business operations of MOHT, NNI and/or SUTD;
      7. Facilitating communications with individuals in connection with services provided by MOHT, NNI and/or SUTD; and
      8. Any other purposes reasonably related to the above.
   6. You shall bear full responsibility for the User Contributed Information and any consequences associated with using, editing, submitting or uploading them on NeuroSenSing. We are not responsible for the availability of or any inaccuracies, errors or omissions in any User Contributed Information. We are also not responsible for any unauthorised use, misuse, loss, damage, corruption or leakage of any data you submit onto NeuroSenSing.
   7. User Contributed Information may be uploaded to third party computer systems including payment systems and when uploaded, can be viewed by any person authorised to access such systems. By providing us with User Contributed Information, you shall be deemed to have consented to us uploading the User Contributed Information (whether in whole or in parts) to such systems.

5. Medical Disclaimer

   1. You acknowledge that NeuroSenSing is not a substitute for professional medical consultation, advice, help or treatment. You acknowledge and agree that your use of NeuroSenSing, including all information and materials provided via NeuroSenSing, are for general information purposes only. Any reliance on the information is at your own risk. You should do your own verification and obtain professional medical advice relevant to your specific circumstances, notwithstanding your use of NeuroSenSing or the information provided on NeuroSenSing. We do not accept any responsibility for your use of NeuroSenSing or for any reliance by you on the information contained in or made available through NeuroSenSing. You should not rely on NeuroSenSing to identify or respond to urgent medical/mental health needs. All decisions related to medical/mental health assessment, treatment, and care are your sole responsibility.
   2. You acknowledge that your data can be viewed by assigned research study teams from NNI, SUTD and/or MOHT.
   3. The data collection is not in real time, and We, Our Affiliates and/or NNI, SUTD and/or MOHT make no representations, assurances, or guarantees on the reliability of NeuroSenSing. You acknowledge that NeuroSenSing is not for crisis service and does not provide emergency medical assistance for medical/mental health emergencies and cannot replace professional medical or mental health care in emergency situations. Hence, you should still seek professional or specialist medical advice before taking, or refraining from, any action on the basis of information or content made available via NeuroSenSing. Should you feel unwell at any point in time, or prior to making any decisions related to your health, please seek the appropriate medical assistance and/or go to the nearest medial facility. If you require an ambulance, please call "995" for emergencies or "1777" for non-emergency assistance. You should not assume that NeuroSenSing can be used to notify medical staff of any medical emergency or situation that requires medical intervention. You will be solely responsible for all decisions and actions taken or not taken including whether involving medical diagnosis, treatment and care resulting from or in any way related to the use of NeuroSenSing.

6. Security

   1. We endeavour to use available technology to protect the security of communications made through NeuroSenSing. However, We do not accept any liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through or use of NeuroSenSing or managed by other third parties.
   2. You acknowledge that Internet communications may be susceptible to interference or interception by third parties, and accept that We make no representations and warranties that NeuroSenSing is free of infection from malware, interception by third parties, or other unauthorised software and activities.
   3. You are responsible for taking appropriate steps to keep your information, software and equipment secure, including but not limited to clearing the cache on your mobile devices and/or wearable devices following the use of NeuroSenSing and any associated content.

7. Hyperlinks and Third-Party Systems

   1. We do not warrant and endorse and We are not responsible or liable for the availability, appropriateness, accuracy or any other aspect or content of any other internet site or system linked to or from NeuroSenSing. Where applicable, we may include links to third-party websites or content ("Third-Party Links") that we feel may be of interest to you in general. Such Third-Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing any linked website. Any links to any other websites or content are provided solely for your convenience. These links do not constitute endorsements, verifications or recommendations of such websites or content by Us. You agree that access to or use of such linked websites or content is entirely at your own risk and are subject to the terms and conditions and/or privacy policies of such linked websites or systems. We shall not be liable to you or any third party for any damage or loss whatsoever arising from your access to or use of those websites, systems, third- party information and materials and Third-Party Links.
   2. You must obtain prior written permission from Us before hyperlinking to, or framing NeuroSenSing, or any content within NeuroSenSing or engaging in activities similar to the aforesaid. We reserve the right to impose conditions should We grant you with such permission.
   3. We reserve the right, at Our sole and absolute discretion, without prior notice to you, to object to or disable any link or frame to or from NeuroSenSing.
   4. For the avoidance of doubt, you will not hold Us, SUTD, the Ministry of Health, any public healthcare institution, any public agency, or any entity that has been authorised to carry out Government and/or healthcare-related services liable for any damage or loss of any kind caused as a result (direct or indirect) from the use of any third party website or app, including, but not limited to, any damage or loss suffered as a result of reliance on the contents contained in or available from any such third party website or app.

8. Intellectual Property

   1. All Intellectual Property and Rights in NeuroSenSing, including source codes, algorithms, pages, documents and images, graphics, trademarks, trade names, logos, audio, and video are protected by law. The Intellectual Property rights in these materials are owned by MOHT or licensed to MOHT by third parties. All Rights are expressly reserved.
   2. You acknowledge that no part of NeuroSenSing, including source codes, algorithms, pages, documents and images, graphics, trademarks, trade names, logos, audio, and video, may be reproduced, copied, distributed, republished, uploaded, transmitted, or otherwise modified in any way and/or reused for any commercial purposes or other purposes whatsoever without MOHT’s prior written permission. Nothing in these Terms or your use of NeuroSenSing shall be taken to transfer any of these rights to you.
   3. Except as expressly provided in these Terms, you have no right to use the intellectual property rights, including Ours and/or NNI, SUTD and/or MOHT’s (where applicable) trademarks or product names, logos, domain names or other distinctive brand features, without prior written consent from Us and/or NNI, SUTD and/or MOHT (as the case may be).

9. General Disclaimer and Limitation of Liability

   1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST US, OUR AFFILIATES AND/OR NNI, SUTD and/or MOHT BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING NEUROSENSING DURING THE EVENT GIVING RISE TO SUCH CLAIMS WHICH IN ANY EVENT SHALL NOT EXCEED S$100.
   2. All conditions, warranties, obligations and representations which may be implied or incorporated into these Terms by statute, common law or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
   3. We do not give or make any representations, warranties, guarantees or any other commitments, or accept any liability to you in respect of the use or operation of NeuroSenSing, any User Contributed Information and/or external data from external sources ("External Data") or matters related to the aforesaid, whether arising from usage, custom, trade or by operation of law or otherwise, including but not limited to the following:
      1. any representations or warranties as to the accuracy, completeness, reliability, timeliness, currency, quality or fitness for any particular purpose of NeuroSenSing, any information on NeuroSenSing, User Contributed Information and External Data; and
      2. any representations or warranties that NeuroSenSing, any information on NeuroSenSing, User Contributed Information and/or External Data shall be error-free or shall be available without interruption or delay, or that any defects shall be rectified or corrected, or that NeuroSenSing is and will be free of all viruses and other harmful elements.
   4. We and Our Affiliates will not be liable to you and/or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, including but not limited to direct, indirect, punitive, special or consequential damages, misrepresentation, loss of income, loss of revenue, loss of profits, lost or damaged data, or damage to your computer, software, modem or other property, or otherwise, even if foreseeable, arising directly or indirectly from or in connection with NeuroSenSing, including without limitation:
      1. Any access to, use of or the operation of NeuroSenSing;
      2. Any decision made or action taken by you or any third party in reliance upon NeuroSenSing, regardless of whether We have been advised of the possibility of such damage or loss and the inability to use the information, materials and content provided by Us to you;
      3. Any inaccuracy or incompleteness in, or errors or omissions in the information on or made available through NeuroSenSing including but not limited to any loss arising from any content or services provided by any third party other than Us;
      4. You using, visiting or relying on any statements, opinion, representation or information in or made available through NeuroSenSing. You further acknowledge that any reliance on such information is at your own risk, and we disclaim all liability for any such reliance;
      5. Any malfunction, loss of access, delay, or failure in the operation or transmission, communications, internet access or connectivity, or equipment, systems, hardware, or software;
      6. (i) any infection by computer viruses, trojan horse or other damage caused by malware or hackers; (ii) interception by third parties; (iii) improper or unauthorised use of NeuroSenSing, software and activities; (iv) your use of NeuroSenSing in breach of these terms; (v) any reasons beyond Our control or predictability; or (vi) failure to save or back up any data or other content;
      7. The conduct or the views of any person who accesses or uses NeuroSenSing;
      8. Any access to, use of any External Data;
      9. Any access to, use of any User Contributed Information and/or transmitted information;
      10. Data or information leakage, failure or stoppage of NeuroSenSing for any reason, including without limitation virus contamination, deliberate damage by hackers, failure of hardware software or systems, power failure, failure of telecommunications lines or any criminal activity of a third party.
   5. If you are dissatisfied with NeuroSenSing or any of these Terms, you agree and acknowledge that your sole remedy under these Terms shall be to discontinue use of NeuroSenSing.
   6. NeuroSenSing is not operated by Us for commercial or profit purposes. We do not profit from, or endorse, and are not associated with any products, services or organisations that may be mentioned on NeuroSenSing. Any mention of or reference to such products, services or organisations is purely coincidental. We and Our Affiliates will not be liable to you and/or any third party for any loss or damages, whether in contract, tort (including negligence), breach of statutory duty, loss of revenue, loss of profits or otherwise, even if foreseeable, arising from or in connection with you and/or any third party's reliance on such products, services or organisations.
   7. You will be solely responsible for all decisions and actions taken or not taken including whether involving medical diagnosis, treatment and care resulting from or in any way related to the use of NeuroSenSing, any information on NeuroSenSing, User Contributed Information and External Data.
   8. Caution: You acknowledge that NeuroSenSing and its related services should not be relied upon as a substitute for qualified medical advice. You further acknowledge that NeuroSenSing and related services are not intended or suitable for use in situations or environments where its use, the failure or time delays of, or errors or inaccuracies in the use, recommendations, content, data or information provided by NeuroSenSing could lead to death, personal injury, or physical harm or any other form of harm, damage or injury.

10. Fees

    1. There are currently no fees payable by you to NNI, SUTD and/or MOHT for using any part of NeuroSenSing. However, We reserve the right, exercisable at Our sole and absolute discretion, to start charging appropriate fees for the use of certain functions of NeuroSenSing from time to time. Should there be a decision to do so, NNI, SUTD and/or MOHT will inform you of this decision with a minimum of fourteen (14) days' notice in writing before imposing the fees.
    2. We are not responsible for any fees charged by any other third-party website or app that is not owned or operated by Us, or part of NeuroSenSing, and We shall not be liable towards you for any fees incurred resulting from using, accessing, or making purchases from any such third-party website or app, where said content may be delivered through the NeuroSenSing App or otherwise.
    3. Without prejudice to the other provisions of these Terms, We shall not be responsible for any malfunction in any computer system, software or any Internet access service provider that may affect the accuracy or timeliness of the online transmission of payment instructions. We shall not be responsible if any information provided is inaccurate or if payment instructions are not given sufficiently in advance to allow for timely payment or if payment instructions cannot be carried out for any reason beyond Our control.

11. Indemnity

    1. You agree to indemnify and hold harmless NNI, SUTD, and MOHT (and their respective officers, employees, and agents) only to the extent arising from your breach of these Terms, your wilful misconduct, or your misuse of the NeuroSenSing platform. This indemnity shall not apply to any loss or liability arising from the negligence or wilful default of NNI, SUTD, or MOHT(or their personnel).
    2. For the purposes of these Terms, "Our Affiliates" shall mean an organisation, institution or entity that:
       1. Is related to NNI, SUTD or MOHT by reason of NNI, SUTD or MOHT directly or indirectly controlling the organisation, institution or entity;
       2. Is related to NNI, SUTD or MOHT by reason of the organisation, institution or entity directly or indirectly controlling NNI, SUTD or MOHT;
       3. Is related to NNI, SUTD or MOHT by reason of both NNI, SUTD or MOHT and organisation, institution or entity being, directly or indirectly, controlled by or under the common control of a third party;
       4. NNI, SUTD or MOHT is obliged to provide support or other services to or otherwise collaborate with that organisation, institution or entity (including the Ministry of Health or any other Ministry of the Government of Singapore, or any statutory board) for any reason; or
       5. By reason of that organisation, institution or entity being a related corporation of MOHT (as defined by the Companies Act 1967).
    3. In the context of corporate entities, a person "controls" the entity if it owns and controls:
       1. more than FIFTY percent (50%) of shares or other securities entitled to vote for election of directors (or other managing authority) of the entity; or
       2. more than FIFTY percent (50%) of the equity interest in the entity; or
       3. is otherwise able to direct or cause the direction of the management and policies of such person or entity whether by contract or otherwise;

12. Waiver

    1. If We and/or NNI, SUTD or MOHT fail to insist that you perform any of your obligations under these Terms, or if We and/or NNI, SUTD or MOHT do not enforce our rights against you, or if We and/or NNI, SUTD or MOHT delay in doing so, that will not mean that We and/or NNI, SUTD or MOHT have waived our rights against you and will not mean that you do not have to comply with those obligations. If We and/or NNI, SUTD or MOHT do waive a default by you, it will be done so in writing, and that will not mean that We and/or NNI, SUTD or MOHT will automatically waive any later breach or default by you.
    2. If any provision of these Terms shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

13. Variation of Terms

    1. We may revise these Terms at any time by updating this page without notification to you. You should visit this page from time to time to review the Terms because they are legally binding on you.
    2. We may modify or discontinue any features, services, tools, directories, or content that form part of NeuroSenSing and the App at any time, with or without notice to you, and without any liability to you.

14. Governing Law and Jurisdiction

    1. The use of NeuroSenSing, and the Terms, shall be governed by and interpreted in accordance with the laws of Singapore. Subject to paragraph 14.2 below, any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the Courts of the Republic of Singapore and the parties hereby submit to the exclusive jurisdiction of the Courts of the Republic of Singapore. We reserve the right to commence or maintain any proceedings for such dispute in the court of any country claiming or having jurisdiction in respect thereof and you irrevocably waive any objections you may have to such proceedings being brought before any such court.
    2. Notwithstanding paragraph 14.1 above, We may, at Our sole and absolute discretion, refer any dispute to arbitration administered by the Singapore International Arbitration Centre ("SIAC") in Singapore in accordance with the Arbitration Rules of the SIAC ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. In addition, the seat of the arbitration shall be Singapore, the tribunal shall consist of one (1) arbitrator and the language of the arbitration shall be English.

15. Data Protection and Privacy Notice

    1. The Data Protection and Privacy Notice applicable to NeuroSenSing may be found in the "Data Protection and Privacy Notice" page found within the Settings tab of the App, below the Terms of Use.

Appendix A

List of Data Collected

Data Collected	Explanation
NeuroSenSing Application
Motion Data - Pedometer, Accelerometer and Gyroscope	Phone movement is used to determine your steps and patterns of physical activity.
Ambient Light	Ambient light sensors allow Us to understand the lighting conditions in your environment.
GPS Data (Obfuscated)	GPS Data is obfuscated by adding a random displacement to your location. We will NOT be able to find out your exact location at any immediate point in time.
Finger Taps	Taps within each app category are recorded along with the screen orientation. We will NOT be able to identify or collect the exact location on the screen of each tap.
App Usage	App Usage such as usage frequency and time spent on each app category (e.g. social, games, productivity, etc).
Power State	We collect data on when the phone is turned on.
Fitbit Charge 6
Sleep	Your sleep data is derived by Fitbit which determines your time spent asleep, your time in sleep stages, and your sleep efficiency.
Steps	Fitbit collects your number of steps taken.
Heart Rate	Fitbit collects your heart rate at predefined intervals.
Heart Rate Variability	Fitbit collects your data on your heart rate variability (HRV) which measure the variability of time between beats.
Breathing Rate	Fitbit collects your breathing rate in breaths per minute, mainly during sleep.
Cardio Fitness Score (VO2 Max)	Fitbit estimates your VO₂ Max, showing your overall cardiovascular fitness.
SpO2	Fitbit measures your blood oxygen saturation (SpO₂) levels.
Temperature (Core and Skin)	Fitbit tracks skin temperature variations that may reflect core temperature changes.
Daily Activity Summary, Active Zone Minutes	Fitbit records calories burned, distance, and Active Zone Minutes based on time spent in fat burn, cardio, and peak zones.