Refund Policy

This Warranty and Return Policy (Refund Policy) contain the complete terms and conditions between EMOTIV (“We” or “EMOTIV”) and you regarding your purchase of an EMOTIV neuroheadset and software.

Software

Please note that EMOTIV does not permit the return or offer refunds for applications which are sold as digital downloads.

 

Subscriptions

Your subscription will automatically renew as stated in your order summary. Your next bill date is displayed on your subscription settings to avoid any surprises. You can cancel your future recurring subscription billings at any time before your next bill date (we do not offer refunds if you have been already billed*).

*Monthly Subscribers: You must confirm your cancellation prior to your next billing date if you don’t want the upcoming use. If you confirm your cancellation after you’ve already been billed, your subscription will not end until the following month.

We do not offer refunds on subscriptions at this time.

*Annual Subscribers, Paid Monthly: If you decide to cancel at any time in the middle of your subscription period, you will continue to be billed on a monthly basis until your one-year contract ends, and it will not renew again.

*Annual/3/5-year Subscribers, Prepaid: If you decide to cancel at any time in the middle of your subscription period, you will continue to receive the rest of your prepaid subscription until it runs out, and it will not renew again.

We do not offer refunds on subscriptions for the rest of the cycle at this time.

 

Hardware

All hardware and accessories (except for EPOC Flex Gel Sensors and Caps) may be returned within 60 days from the date of receipt for a refund less shipping and handling, and any applicable restocking fee (as described below).

Restocking Fees: Unless the product is defective or Dead on Arrival (DOA), EMOTIV will charge a restocking fee of up to 25% of the purchase price paid, plus any applicable sales tax. Shipping fees of the headset is at the expense and responsibility of the purchaser and will not be refunded.

Please note that EPOC Flex Caps and Gel Sensors are non-refundable.

The EPOC+ and Insight neuroheadsets and EPOC Flex Control Box may be returned for a full refund or exchange, within 15 days from date of receipt, if the product is received Dead on Arrival (DOA).

An EMOTIV product is considered DOA if it shows symptoms of a hardware failure, preventing basic operations when you first use it after opening the box. If you believe that your product is DOA, please Contact Support immediately. EMOTIV Technical Support will determine whether the product is DOA and offer you the following options:

1. Replacement: EMOTIV, at its expense, will ship another of the same neuroheadset model. EMOTIV will arrange for a replacement and the DOA product’s return.

2. Refund: We will issue a full refund.

 

How to return a Product

There are a few important points to keep in mind when returning a product that you purchased from EMOTIV:

  • We only accept returns sent to us within 60 days after the order has been delivered to you, or within 15 days for Dead On Arrival product.
  • The goods are your responsibility until they reach our RMA Department, so make sure it’s packed up properly and can’t get damaged on the way.
  • Products must be returned in their original condition and packaging with all included parts. You are responsible for the cost of the return shipment.

If you believe that your product is defective during the warranty period, you must Contact Support for warranty return authorization and obtain a Return Material Authorization (RMA) number before the end of the applicable return period. EMOTIV will not accept returns without an RMA number. You must first include the following in your Support Ticket:

  • The Order Number and Serial Number of your headset
  • Your clear photo or video of the damaged or defective product and the shipping packaging before we can consider issuing RMA authorization. Please use good lighting and a close to medium distance to identify and verify the issue(s)

Please note that shipping and handling is non-refundable on product returns under the 60 day Return Policy, unless the product you received is in a defective or damaged condition or when a different product than what you ordered was incorrectly sent to you.

Limited Warranty

EMOTIV warrants that the Product shall be free from defects in material or workmanship under normal use for one hundred eighty (180) calendar days beginning from the date of shipping of your original purchase (“Limited Warranty”).
Exclusions

The Limited Warranty does not apply in the following cases:

  • Damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes.
  • If a Product is defective as a result of leaking batteries or liquid damage.
  • Defective materials or workmanship where the defect is due to a Product having been serviced or modified by a party other than EMOTIV or an EMOTIV authorized service provider.
  • Malfunction resulting from the use of accessories, attachments, product suppliers, parts or devices with the Product that does not conform to EMOTIV’s specifications or is not supplied by EMOTIV.
  • Damage occurred during shipment.
  • Damage or service resulting from modifications or alterations to a Product in any way (including any alteration or removal of its serial number or identification marks).

Your option to return the Product under the Limited Warranty does not apply to the following Products:

  • Software Downloads
  • Licenses
  • EPOC Flex Caps
  • EPOC Flex Gel Sensors
  • EPOC Flex Saline Sensors
  • Hydrator Pack
  • & Other items that are of a personal use nature
Return Policy

If you believe that the Product does not meet the Limited Warranty: Please contact Emotiv to obtain a Return Material Authorization (RMA) number, shipping address and instructions.

Returned Neuroheadsets must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was included with the headset. Please include a description of the problem. You must prepay all shipping charges, and Emotiv recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to Emotiv or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. You are fully responsible for any loss or damage to the Product during shipping.
Remedy

Emotiv’s sole obligation, and your sole remedy, for a breach of the Limited Warranty shall be as described in this Section 1(c). Emotiv shall determine in its sole discretion whether the Product contains a material or workmanship problem. If so determined, Emotiv shall in its sole discretion: (i) repair the Product using new or refurbished parts, (ii) replace the Product with a new or refurbished Product or (iii) refund to you the amount you paid for the Product based on your original method of payment. For the purposes of this Limited Warranty, “refurbished” means a Product or part that has been returned to its original specifications. Replaced parts and exchanged Products will become the property of Emotiv. The Limited Warranty gives you specific legal rights and you may have other rights which vary by jurisdiction.
Warranty Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY AND RETURN POLICY, THE PRODUCT AND ALL SERVICES ARE PROVIDED “AS IS”. NEITHER EMOTIV NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD.
Limitation of Liability

NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS WARRANTY AND RETURN POLICY, EMOTIV’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EMOTIV FOR THE PRODUCT. The parties agree that the limitations specified in this Section 4 will survive and apply even if any limited remedy specified herein is found to have failed of its essential purpose. Some jurisdictions do not allow limitations on how long an implied warranty lasts, or allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Governing Law

This Warranty and Return Policy shall be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof. Unless waived by Emotiv in its sole discretion, the jurisdiction and venue for any action arising out of or relating to the subject matter of this Warranty and Return Policy shall be the California state and United States federal courts located in San Francisco, California, and you hereby submit to the personal jurisdiction of such courts.