Terms of Use

1.Acceptance of Terms

By downloading, installing, accessing, or using the Merfi mobile application, companion device, or any related services (collectively, the “App” or “Services”) provided by Sensory Solutions, LLC, a Utah limited liability company (“Company,” “Merfi,” “we,” “our,” or “us”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, do not use the App or Services.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Company. “User” includes parents, guardians, and any person accessing the App or Services on behalf of a child.

We may update these Terms from time to time. Continued use of the App following notice of updates constitutes acceptance of the revised Terms. If any change materially affects your rights, we will provide notice through the App or via email.

2.Eligibility

2.1 Adult Users

You must be at least 18 years of age to create an account and use the App. By using the App, you represent that you are 18 years of age or older.

2.2 Use on Behalf of a Child

The App is designed for use by parents and legal guardians on behalf of their minor children. If you are creating an account for a child under 13, you represent that you are the child's legal parent or guardian and that you have read and agree to these Terms and our Privacy Policy on behalf of yourself and your child.

2.3 Clinics and Professionals

Merfi accounts are held by parents and guardians. If you are a therapist, clinician, or staff member at a clinic that introduces families to Merfi, you acknowledge that clinical staff do not access children's data through the App, and that any information a parent chooses to share with you remains subject to your own professional, licensing, and HIPAA obligations.

3.Account Registration

To access certain features of the App, you must register for an account. You agree to provide accurate, complete, and current registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at JamesSpencer152@gmail.com if you suspect unauthorized access to your account.

You may not share your account credentials with others. Each account is for a single parent/guardian household. You may not create accounts on behalf of others without authorization.

4.License to Use the App

4.1 Limited License

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App solely for your personal, non-commercial use in connection with participating in the Merfi program.

4.2 Restrictions

You may not:

• Copy, modify, or distribute the App or any content therein
• Reverse engineer, disassemble, or attempt to derive source code from the App
• Use the App for any commercial purpose without Company's prior written consent
• Use the App to develop competing products or services
• Circumvent any technical limitations or security measures in the App
• Use the App in any manner that violates applicable law or these Terms
• Transfer your license rights to any other person

4.3 Updates and Changes

Company reserves the right to update, modify, suspend, or discontinue the App at any time with or without notice. Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

5.Company Intellectual Property

5.1 Ownership

The App, all content within the App, and all underlying technology, including but not limited to software, algorithms, source code, device firmware, designs, text, graphics, logos, data models, and research methodologies, are and shall remain the exclusive property of Company and its licensors. These Terms do not grant you any ownership interest in the App or its contents.

5.2 Trademarks

“Merfi,” “Sensory Solutions,” and all related logos, product names, and marks are trademarks or registered trademarks of Sensory Solutions, LLC. You may not use any Company trademarks without prior written permission.

5.3 Copyright

All content in the App is protected by copyright. You may not reproduce, distribute, or create derivative works from any App content without express written permission.

6.User Feedback and Suggestions

6.1 Assignment of Feedback

If you provide Company with any suggestions, ideas, feedback, recommendations, bug reports, enhancement requests, comments, or other input regarding the App or Services (collectively, “Feedback”), you hereby irrevocably assign, transfer, and convey to Company all right, title, and interest throughout the world in and to such Feedback, including all intellectual property rights therein. This assignment is effective immediately upon your provision of any Feedback.

You acknowledge and agree that: (a) Company may use, incorporate, modify, commercialize, and create derivative works based on Feedback without restriction; (b) Company has no obligation to compensate you for Feedback; (c) Company has no obligation to implement or act on any Feedback; (d) Company has no obligation to attribute or credit Feedback to you; and (e) you will not retain any rights, claims, or interests in any Feedback after it is submitted.

6.2 Survey Responses and In-App Data

All responses to surveys, questionnaires, and assessment instruments administered through the App or by Company (whether in-App, via email, or in person as part of the program) are owned exclusively by Company. By submitting survey responses, you irrevocably assign to Company all rights in and to such responses, and you acknowledge that Company may use, publish, analyze, and commercialize such data in accordance with these Terms and the Privacy Policy.

6.3 No Expectation of Confidentiality in Feedback

You should not submit Feedback that contains sensitive personal information. Feedback you provide is not subject to any obligation of confidentiality by Company, except that we will handle personal information in accordance with our Privacy Policy.

7.Data Collection and Ownership

7.1 Company Data Ownership

As between you and Company, Company exclusively owns all right, title, and interest in and to all data collected through the App, including behavioral data, sensor data, device usage data, survey responses, report data, and aggregate/de-identified analytics derived from use of the App. This ownership survives termination of your account or these Terms.

7.2 Privacy Policy

Company's collection, use, and handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and is available within the App and at www.getmerfi.com/privacy. By using the App, you consent to Company's data practices as described in the Privacy Policy.

7.3 Children's Data

If you are a parent or guardian using the App on behalf of a child under 13, your account creation and use of the App constitutes verifiable parental consent under the Children's Online Privacy Protection Act (COPPA) for the collection and use of limited information about your child as described in the Privacy Policy.

7.4 Reports and Analytics

Report data, clinical analytics, and insights generated through the App based on your child's usage are owned by Company. Company may use such data in aggregate, de-identified form for research, product development, and marketing purposes.

8.Third-Party Services and Links

The App may integrate with or link to third-party services, platforms, or websites. Company does not control such third-party services and is not responsible for their content, privacy practices, or terms. Your use of third-party services is at your own risk and subject to those parties' terms and policies.

9.Disclaimers

THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

COMPANY DOES NOT WARRANT THAT: (a) THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (b) ANY DEFECTS WILL BE CORRECTED; OR (c) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE MERFI APP AND DEVICE ARE BEHAVIORAL SUPPORT TOOLS AND ARE NOT MEDICAL DEVICES, DIAGNOSTIC INSTRUMENTS, OR SUBSTITUTES FOR PROFESSIONAL CLINICAL JUDGMENT. COMPANY MAKES NO REPRESENTATIONS REGARDING SPECIFIC CLINICAL OR THERAPEUTIC OUTCOMES.

10.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF THE APP, OR THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

11.Indemnification

You agree to indemnify, defend, and hold harmless Company and its members, managers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the App; (c) your violation of any applicable law; or (d) any claim by a third party arising from your actions in connection with the program.

12.Prohibited Uses

You agree not to use the App:

• In any way that violates applicable federal, state, or local law
• To transmit or upload any content that is abusive, defamatory, obscene, or otherwise objectionable
• To attempt to gain unauthorized access to any portion of the App or its related systems
• To interfere with or disrupt the integrity or performance of the App
• To collect or harvest any personal information about other users
• To impersonate any person or entity
• For any purpose other than those expressly permitted under these Terms

13.Termination

Company may suspend or terminate your access to the App at any time and for any reason, including for violation of these Terms, without notice and without liability. Upon termination, your license to use the App immediately terminates. All provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 6, 7, 9, 10, 11, and 14.

14.Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law principles.

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the App shall first be subject to good-faith negotiation between the parties. If negotiation fails to resolve the dispute within thirty (30) days, the parties agree to submit the dispute to binding arbitration in Utah County, Utah, in accordance with the rules of the American Arbitration Association. Nothing in this Section prevents either party from seeking injunctive relief in a court of competent jurisdiction to prevent irreparable harm.

14.3 Class Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

15.General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any separately executed participation agreement, constitute the entire agreement between you and Company regarding your use of the App.

15.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 No Waiver

Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

15.4 Assignment

You may not assign your rights under these Terms. Company may assign its rights in connection with a merger, acquisition, or sale of assets.

15.5 Contact

Sensory Solutions LLC · Terms of Use · Version 1.1 · Effective July 2026.
This document is pending review by qualified legal counsel before public posting.