Liability Policy
Disclaimer of medical, clinical, or diagnostic use
OpenBCI, Inc. provides the OpenBCI-trademarked products under the following conditions: This evaluation board/kit is intended for use for ENGINEERING DEVELOPMENT, DEMONSTRATION, OR EVALUATION PURPOSES ONLY and is not considered by OpenBCI, Inc. to be a finished end-product fit for general consumer use.
FDA approval is NOT required to use an EEG device for recording and research purposes, unless specifically required by your IRB or research institution.
All official OpenBCI products are designed and assembled in the United States. OpenBCI products are not medical, clinical, or diagnostic devices nor are they intended for medical diagnosis and are provided to you "as is," and we make no express or implied warranties whatsoever with respect to its functionality, operability, or use, including, without limitation, any implied warranties, fitness for a particular purpose, or infringement.
OpenBCI boards are designed to take power only from low-voltage DC sources, i.e. batteries. They do not take power from the “grid,” from power outlets, USB ports, etc.
Limitations of Liability.
Persons handling the product(s) must have electronics training and observe good engineering practice standards. As such, the goods being provided are not intended to be complete in terms of required design, marketing, and/or manufacturing related protective considerations, including product safety and environmental measures typically found in end products that incorporate such semiconductor components or circuit boards. This evaluation board/kit does not fall within the scope of the European Union directives regarding electromagnetic compatibility, restricted substances (RoHS), recycling (WEEE), FCC, CE or UL, and therefore may not meet the technical requirements of these directives or other related directives.
We expressly disclaim any liability whatsoever for any direct, indirect, consequential, incidental or special damages, including, without limitation, lost revenues, lost profits, losses resulting from business interruption or loss of data, regardless of the form of action or legal theory under which the liability may be asserted, even if advised of the possibility of such damages.
IN NO EVENT WILL OPENBCI BE LIABLE TO END USER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE, ARISING OUT OF THE MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OPENBCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. UNDER NO CIRCUMSTANCES WILL OPENBCI’S TOTAL LIABILITY TO END USER FROM ANY AND ALL CAUSES (INCLUDING NEGLIGENCE) EXCEED THE TOTAL AMOUNT PAID BY END USER FOR THE PRODUCTS.
Governing Law/Dispute Resolution
These terms and your use of the Products shall be governed by the law of the State of New York, U.S.A.. Any disputes arising from these terms or your use of the Products shall be heard in the state or federal courts located in New York, New York, U.S.A.