AVA Brain Instruction Manual
- June 1, 2024
- AVA
Table of Contents
BRAIN
IMPORTANT PRODUCT INFORMATION
CO-CB1 IPI REV 1.1 CFB
Brain
ATTENTION: ALL INFORMATION IN THIS DOCUMENT MAY CHANGE WITHOUT NOTICE.
For the latest product information guide please go to
www.ava.com/legal.
AVA INNOVATIONS AG – TERMS AND CONDITIONS
(U.S. AND REST OF THE WORLD, INCLUDING EUROPE)
Last updated: August 2nd, 2023
AVA, Inc.
c/o InCorp Services, Inc.
919 North Market Street, Suite 950
Wilmington, DE 19801
AVA Innovations AG
Niklaus-Konrad-Strasse 8
4500 Solothurn
Switzerland
These Terms and Conditions (”Terms”, ” Terms and Conditions”) govern your relationship with AVA Mobile Applications, the AVA Remote and any other AVA branded offering (the ”Product”) operated by AVA Innovations AG (”us”, ”we”, or ”our”). Please read these Terms and Conditions carefully before using the Product. Your access to and use of the Product is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users, visitors and others who access or use the Product. By accessing or using the Product you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not use the Product.
Purchases
If you wish to purchase any product, offering or service made available
through the Product (”Purchase”), you may be asked to supply certain
information relevant to your purchase including, without limitation, your
credit card number, the expiration date of your credit card, your billing
address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any purchase; and that
(ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
purchases. We reserve the right to refuse or cancel your order at any time for
certain reasons including but not limited to: Product or product availability,
errors in the description or price of the Product or product, error in your
order or other reasons. We reserve the right to refuse or cancel your order if
fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our Product. The Products available may be
incorrectly priced, described inaccurately, or unavailable, and we may
experience delays in updating information on the Product and in our
advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability
relating to the Product. We reserve the right to change or update information
and to correct errors, inaccuracies, or omissions at any time without prior
notice.
Provision of Services
You agree and acknowledge that AVA Innovations AG is entitled to modify,
change, adapt, improve or discontinue any of its services at its sole
discretion and without notice to you even if it may result in you being
prevented from accessing any information contained in it. Furthermore, you
agree and acknowledge that AVA Innovations AG is entitled to provide services
to you through subsidiaries or affiliated entities.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, ”Promotions”)
made available through the Product may be governed by rules that are separate
from these Terms. If you participate in any Promotions, please review the
applicable rules. If the rules for a Promotion conflict with these Terms, the
Promotion rules will apply.
Content
Our Product allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(”Content”). You are responsible for the Content that you post to or with the
Product, including its legality, reliability, and appropriateness.
By posting Content to the Product, you grant us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through the Product. You retain any and all of your rights to
any Content you submit, post or display on or through the Product and you are
responsible for protecting those rights. You agree that this license includes
the right for us to make your Content available to other users of the Product,
who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you legally own it)
or you have the right to use it and grant us the rights and license as
provided in these Terms, and (ii) the posting of your Content on or through
the Product does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person.
Accounts
When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Product.
You are responsible for safeguarding the password that you use to access the
Product and for any activities or actions under your password, whether your
password is with our Product or a third-party Product. You agree not to
disclose your password to any hird-party. You must notify us immediately upon
becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than you without appropriate
authorization, or a name that is otherwise offensive, vulgar, misleading or
obscene.
Information Collection
When you use our Product, information will be collected related to how / when / where the Product is used and what other products, services, offerings are used with the Product. Moreover, the Product may collect information on the habits of the user on a daily basis including time when the user is at home, away, in certain locations around the home, partaking in certain activities as able to be determined by the Product or third-party products that communicate with the Product. The extent of the information collected is not limited to the aforementioned. By using the Product, you acknowledge that any input, use, behavior, activity, function stated or otherwise may be collected. Such information will be used to understand how our Product is used. We may use this information to improve the performance, features, and capabilities of our Product. We reserve the right to share this information with our development, technology and strategic partners to improve the development of any product, service or offering that can be connected to our ”Product” implicitly or explicitly. Finally, we reserve the right to sell said information to relevant parties at our discretion.
No Unlawful or Prohibited Use
While using the Product, you may NOT do the following: take any action that
imposes an unreasonable large load on the infrastructure of the Product or AVA
Innovations AG’s systems or networks, or any systems or networks connected to
the Product or to AVA Innovations AG; Transmit any information, file, or
software that contains, but not limited to, a virus, Trojan horse, worm,
adware, spyware, or any other harmful software program or program element.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Product infringes the
copyright or other intellectual property infringement (”Infringement”) of any
person.
If you are a copyright owner, or authorized on behalf of one, and you believe
that the copyrighted work has been copied in a way that constitutes copyright
infringement that is taking place through the Product, you must submit your
notice in writing to the attention of ”Copyright Infringement” of
support@ava.com and include in your notice a
detailed description of the alleged infringement.
You may be held accountable for damages (including costs, court fees and
attorneys‘ fees) for misrepresenting that any content is infringing your
copyright.
Intellectual Property
The Product and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of AVA
Innovations AG and its licensors. The Product is protected by copyright,
trademark, and other laws of both the Switzerland and foreign countries. Our
trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of AVA Innovations AG. You may only
view and make a single copy of portions of this content for
personal, non-commercial, offline use. Content may not be sold, reproduced, or
distributed without our written permission. Any third-party trademarks,
service marks and logos are the property of their respective owners. Any
further rights not specifically granted herein are reserved.
You agree that you are bound by the license agreement of AVA Innovations AG.
AVA Innovations AG. provides its license agreement online:
www.ava.com/legal
Links To Other Web Sites
Our Product may contain links to third-party web sites or products that are
not owned or controlled by AVA Innovations AG.
AVA Innovations AG. has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third-party web sites or
services. You further acknowledge and agree that AVA Innovations AG shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such web sites
or services.
We strongly advise you to read the Terms and conditions and privacy policies
of any third-party web sites that you visit.
Termination
The Terms of this agreement will continue to apply in perpetuity until
terminated by either party without notice at any time for any reason. Terms
that are to continue in perpetuity shall be unaffected by the termination of
this agreement. We may terminate or suspend your account immediately, without
prior notice or liability, for any reason whatsoever, including without
limitation if you breach the Terms. Upon termination, your right to use the
Product ceases immediately. If you wish to terminate your account, you may
simply discontinue using the Product.
Limitation Of Liability
In no event shall AVA Innovations AG, nor its directors, employees, partners,
agents, suppliers, investors, subsidiaries, or affiliates be liable for any
indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access or
use the Product; (ii) any conduct or content of any third-party on the
Product; (iii) any content obtained from the Product; and (iv) unauthorized
access, use or alteration of your transmissions or content, whether based on
warranty, contract, tort (including negligence) or any other legal theory,
whether or not we have been informed of the possibility of such damage, and
even if a remedy set forth herein is found to have failed of its essential
purpose.
Furthermore, in no event shall AVA Innovations AG nor its directors,
employees, partners, agents, suppliers, investors, subsidiaries, or affiliates
be liable for any indirect, direct, incidental, special, consequential or
punitive damages, including without limitation, damage to any personal
property including but not limited to third-party products controlled by the
Product, any real property, injury, casualty, loss of life related to or
resulting from your access to or use of the Product.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL
INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall AVA Innovations AG‘s total liability to you
for all damages (other than as may be required by applicable law in cases
involving personal injury) exceed the amount of fifty dollars ($50.00).
Product Disclaimer
USE THE PRODUCT ONLY AS INSTRUCTED. The Product may include materials known to
be harmful iftampered with, handled incorrectly or used by individuals with
certain health conditions. Persons with pace makers are advised NOT to use the
Product as magnets within the Product may interfere with such health
equipment. Users may NOT dismantle the Product. Tampering with and misuse of
the product can result in serious injury or loss of life. The product may only
be used with original, country specific AVA Power Supplies sold by AVA
Innovations AG / AVA Inc. Product safety, regulatory and warranty compliance
can not be guaranteed if the product is used with any power supplies which are
not provided by AVA. Improper use of the Product and any of its components
can result in serious injury or loss of life. The Product has been certified
to meet the specification of governing boards for EMC and Radiated Emissions
in regions where the Product is sold. However, AVA Innovations AG cannot
guarantee that the Product will protect against interference of other RF
devices in all circumstances. The Product may work in a limited fashion if
certain environmental conditions are met. AVA Innovations AG is not
responsible for limited product performance if such conditions occur.
Conditions could include but are not limited to direct sunlight shining on the
Product, excessive heat or cold outside the operating limits advised by AVA
Innovations AG, excessive moisture, and other conditions. The Product should
be kept at a distance from the body. AVA Innovations AG is not responsible for
any injury or loss that may occur from long term exposure to skin and body
mass.
Wear and Tear
AVA Innovations AG cannot guarantee the upkeep of the fit and finish of the
Product. AVA Innovations AG is therefore not liable for scratches and damages
caused by the use of the Product including but not limited to drops, liquid
spills, scratches, cracks, paint peels, loose mechanical components and
contact with other materials including cleaning materials. Over time the
Product could wear down over use including but not limited to dead pixels,
worn out tact switches & buttons, pins and pads for charging.
AVA Innovations AG cannot cover wear and tear beyond what is expressly covered
in The Product Warranty.
Read the Warranty carefully to understand what is covered.
Force Majeure
AVA Innovations AG will not be responsible for any delay or failure in any
performance due, without limitation, to acts of God, war, warlike conditions,
blockade, embargoes, riots, governmental restriction, labor disturbances, free
beer, unavailability of anticipated usual means of supplies, transportation
or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake,
explosion, any unforeseen change in circumstances, or any other causes beyond
its reasonable control.
Disclaimer of Warranties
Your use of the Product is at your sole risk. The Product is provided on an
”AS IS” and ”AS AVAILABLE” basis. AVA Innovations AG does not make any express
or implied warranties, endorsements or representations whatsoever as to the
operation of the AVA
Innovations AG website, information, content, materials, or Products. This
shall include, but not be limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement, and warranties that
access to, or use of, the service
will be uninterrupted or error-free or that defects in the service will be
corrected.
AVA Innovations AG its subsidiaries, affiliates, and its licensors do not
warrant that a) the Product will function uninterrupted, be secure or be
available at any particular time or location; b) any errors or defects will be
corrected; c) the Product is free of viruses or other harmful components; or
d) the results of using the Product will meet your requirements.
Jurisdiction
These Terms shall be governed and construed in accordance with the
exclusive jurisdiction of the courts of the country, state, providence or
territory determined solely by AVA Innovations AG to resolve any legal matter
arising from the agreement or related to your use of the Product. Our failure
to enforce any right or provision of these Terms will not be considered a
waiver of those rights. If any provision of these Terms is held to be invalid
or unenforceable by a court, the remaining provisions of these Terms will
remain in effect. These Terms constitute the entire agreement between us
regarding our Product, and supersede and replace any prior agreements we might
have between us regarding the Product.
Governing law
This Agreement and the relationship between you and AVA Innovations AG, and
all Transactions on the Services shall be governed by the laws of Switzerland,
excluding its conflicts of law provisions. You and AVA Innovations AG agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of the State of Berne, Switzerland, to resolve any dispute or claim
arising from this Agreement.
Entire Agreement
You understand and agree that the above Terms constitute the entire general
agreement between you and AVA Innovations AG. You may be subject to additional
Terms and conditions when you use, purchase or access other services,
affiliate services or third-party content or material.
YOU WILL BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY UNAUTHORIZED USE OF YOUR
PRODUCT AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS AVA INNOVATIONS AG FROM
ANY AND ALL CLAIMS, LIABILITIES AND DAMAGES ARISING FROM SUCH UNAUTHORIZED
USE.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision to these Terms is essential, we will try to provide
at least 10 days notice prior to any new terms taking effect.
What constitutes an essential change will be determined at our sole
discretion.
By continuing to access or use our Product after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, please stop using the Product.
Contact Us
If you have any questions about these Terms, please contact us at
support@ava.com
IF YOU DON‘T UNDERSTAND THESE TERMS & CONDITIONS PLEASE VISIT AVA.COM/LEGAL.
THERE YOU FIND ALL THE INFORMATIONS IN YOUR LANGUAGE. IF YOU HAVE ANY QUESTION
REGARDING THE IMPORTANT PRODUCT INFORMATION GUIDE, PLEASE CONTACT US AT
SUPPORT@AVA.COM
REGULATORY INFORMATION
AVA declares that this product herewith complies with the requirements of the
RED Directive 2014/53/EU, RoHS Directive 2011/65/EU when installed and used in
accordance with the manufacturer‘s instructions. A copy of the full
Declaration of Conformance may be obtained at
www.ava.com/legal/.
AVA Nano Brain:
The radio equipment operates in different frequency bands with the following
maximum output power:
- WLAN: 2412 – 2472 MHz, 5180 – 5825 MHz
- BT: 2402 – 2480 MHz
- BLE: 2402 – 2480 MHz
- NFC: 1356 MHz
USA:
This equipment has been tested and found to comply with the limits for a Class
B digital device, pursuant to part 15 of the FCC Rules. These limits are
designed to provide reasonable protection against harmful interference in a
residential installation. This equipment generates, uses and can radiate
radio frequency energy and, if not installed and used in accordance with the
instructions, may cause harmful interference to radio communications. However,
there is no guarantee that interference will not occur in a particular
installation. If this equipment does cause harmful interference to radio or
television reception, which can be determined by turning the equipment off and
on, the user is encouraged to try to correct the interference by one or more
of the following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
- Consult the dealer or an experienced radio/TV technician for help.
Caution: Any changes or modifications to this device not explicitly
approved by manufacturer could void your authority to operate this equipment.
This device complies with part 15 of the FCC Rules. Operation is subject to
the following two conditions: (1)
This device may not cause harmful interference, and (2) this device must
accept any interference received, including interference that may cause
undesired operation.
AVA Nano Brain:
For any further FCC statements visit
www.ava.com/legal/.
RECYCLING INFORMATION
This symbol on the product or on its packaging indicates that this product shall not be treated as household waste. Instead please deliver it to AVA Innovations AG. The separate collection and recycling of your product and/or its battery at the time of disposal will help conserve natural resources and ensure that it is recycled in a manner that protects human health and the environment.
IMPORTANT SAFETY INSTRUCTIONS
- Read, keep and follow these instructions
- Heed all warnings
- Do not use this product near water or expose the product to dripping or splashing of any water liquid and do not place objects filled with liquids, such as vases near or on the AVA products.
- Clean only with a dry soft cloth. Household cleaners or solvents can damage the finish on your AVA components.
- Do not install near any heat sources such as radiators, heat registers, stoves or other apparatus (including amplifiers) that produce heat
- Only use attachments/accessories and power supplies specified by the manufacturer
- Do not attempt to fix the product yourself. If you experience problems with your AVA product, please contact us at support@ava.com. Do not attempt to repair your AVA product yourself. Disassembly may cause damage to the product or injury to the user.
- If the product malfunctions in any way, please contact us immediately at support@ava.com. Do not use a damaged or malfunctioning product.
- Only use the USB cable and wall adapter provided with your AVA Product. Only the USB Cables attached with the provided wall adapters have been tested to comply with safety standards.
- AVA Products contain components that emit electromagnetic fields. These fields and the magnets in AVA Products may interfere with certain medical devices including, but not limited to, peacemakers and defibrillators. Please maintain a safety distance between your medical device and AVA Product.
This device contains licence-exempt transmitter(s)/receiver(s) that comply with Innovation, Science and Economic Development Canada’s licence-exempt RSS(s). Operation is subject to the following two conditions:
- This device may not cause interference.
- This device must accept any interference, including interference that may cause undesired operation of the device.
Any changes or modifications not expressly approved by the party responsible
for compliance could void the user’s authority to operate the equipment.
RF exposure statement:
The equipment complies with IC Radiation exposure limit set forth for
uncontrolled environment. This equipment should be installed and operated with
minimum distance 20cm between the radiator and your body.
The device for operation in the band 5150–5250 MHz is only for indoor use to
reduce the potential for harmful interference to co-channel mobile satellite
systems.
FCC Caution:
This device complies with part 15 of the FCC Rules. Operation is subject to
the following two conditions:(1) this device may not cause harmful
interference, and (2) this device must accept any interference received,
including interference that may cause undesired operation.
Any changes or modifications not expressly approved by the party responsible
for compliance could void the user’s authority to operate the equipment.
NOTE: This equipment has been tested and found to comply with the limits
for a Class B digital device, pursuant to Part 15 of the FCC Rules. These
limits are designed to provide reasonable protection against harmful
interference in a residential installation. This equipment generates, uses and
can radiate radio frequency energy and, if not installed and used in
accordance with the instructions, may cause harmful interference to radio
communications. However, there is no guarantee that interference will not
occur in a particular installation.
If this equipment does cause harmful interference to radio or television
reception,which can be determined by turning the equipment off and on, the
user is encouraged to try to correct the interference by one or more of the
following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
- Consult the dealer or an experienced radio/TV technician for help.
To maintain compliance with FCC’s RF Exposure guidelines, This equipment should be installed and operated with minimum distance between 20cm the radiator your body: Use only the supplied antenna.
©2023 AVA Innovations AG, All Rights Reserved
References
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