Terms of service

Effective Date: April 1, 2026 Last Updated: April 1, 2026

These Terms of Use ("Terms") constitute a legally binding agreement between you and Ezymind Nexus, Inc., a Delaware corporation operating primarily under the brand name Dusq and may operate under such other brand or trade names as it may adopt from time to time ("Company," "we," "our," or "us"). The Company is a wholly-owned subsidiary of Ezymind Healthcare Private Limited, incorporated under the Companies Act, 2013, India.

These Terms govern your access to and use of the Dusq mobile application, hardware device, firmware, software, website located at www.dusq.com, and all related services, features, and content offered by the Company (collectively, the "Services").

Please read these terms carefully. By creating an account, purchasing a device, downloading the application, or otherwise accessing or using the services, you acknowledge that you have read, understood, and agree to be bound by these terms and our privacy policy, which is incorporated herein by reference. If you do not agree, you must immediately discontinue use of the services.

1. Definitions

"Content" means all text, data, information, software, graphics, photographs, and other materials available through the Services.

"Device" means the Dusq wearable hardware product and associated charging case and accessories purchased by you.

"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, moral rights, and all other proprietary rights worldwide, whether registered or unregistered.

"Order" means a purchase order for a Device submitted by you through a Permitted Channel.

"Permitted Channels" means the Company's official website at www.dusq.com and any authorised crowdfunding or third-party commerce platforms through which the Company officially offers the Device for sale.

"Services" means the Dusq mobile application, Device, firmware, software, website, and all related features, content, and digital properties offered by the Company.

"User Content" means any content, feedback, or data you submit, upload, or transmit through the Services.

"You" or "User" means the individual who has agreed to these Terms and is accessing or using the Services.

2. Eligibility

The Services are intended solely for individuals who are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. By using the Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of a legal entity, you further represent and warrant that you have the authority to bind that entity to these Terms.

The Services are directed at consumers in the United States. The Company makes no representation that the Services are appropriate or available for use in other jurisdictions.

3. Account Registration and Security

To access certain features of the Services, you must create an account. You agree to provide accurate, complete, and current information during registration and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately at info@dusq.com of any actual or suspected unauthorised access to or use of your account. The Company will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to suspend or terminate any account where we have reason to believe that account information is inaccurate, incomplete, or that a breach of security has occurred.

4. SMS Communications

By providing your mobile phone number during account registration, login, or any other authentication flow on the Dusq mobile application or website, you consent to receive SMS messages from Dusq containing one-time passcodes (OTPs) for account verification purposes.

4.1 Message Frequency

SMS messages are sent only when you initiate an authentication event such as logging in or requesting a one-time passcode. We do not send unsolicited SMS messages.

4.2 Message and Data Rates

Standard message and data rates may apply per your wireless carrier. Dusq is not responsible for any charges levied by your carrier for receiving SMS messages.

4.3 Opt Out

You may opt out of receiving SMS messages at any time by replying STOP to any message. Opting out will prevent you from completing SMS-based authentication and may affect your ability to log in to the Services.

4.4 Help

Reply HELP to any SMS message for assistance, or contact us at info@dusq.com.

4.5 No Marketing Use

We do not use your phone number to send marketing or promotional content. We do not sell or share your phone number with third parties for marketing purposes.

4.6 SMS Terms

Your use of our SMS program is also governed by our SMS Terms, available at www.dusq.com/pages/sms-terms, which are incorporated into these Terms by reference.

5. Device Purchase and Orders

4.1 Permitted Channels

Devices may be purchased exclusively through Permitted Channels. The Company is not responsible for Devices purchased through unauthorised resellers or third-party marketplaces. Purchases made through unauthorised channels are ineligible for warranty coverage, customer support, or refunds under these Terms.

4.2 Order Acceptance

Submission of an Order constitutes an offer to purchase. The Company reserves the right to accept or decline any Order at its sole discretion. An Order is not confirmed until you receive an order confirmation from the Company. Prices are subject to change without notice prior to Order confirmation.

4.3 Crowdfunding and Pre-Sale Orders

Orders placed through crowdfunding platforms such as Kickstarter are subject to the additional terms and conditions of those platforms. Pre-sale and crowdfunding Orders are non-binding commitments to purchase and are subject to the Company's ability to fulfil such Orders. Delivery timelines for pre-sale Orders are estimates only and are not guaranteed. The Company will communicate updates on fulfilment status through the relevant platform and by email.

4.4 Pricing and Taxes

The purchase price of the Device will be as stated at the time of purchase on the applicable Permitted Channel, inclusive of all applicable fees unless otherwise specified at checkout. You are responsible for all applicable sales taxes, import duties, and other charges that may apply to your Order. The Company will collect and remit taxes as required by applicable law.

4.5 Shipping and Delivery

The Company will ship the Device to the address provided in your Order. Estimated delivery timeframes will be communicated at the time of purchase. The Company is not responsible for delays caused by carriers, customs authorities, or circumstances outside its reasonable control. Risk of loss and title to the Device passes to you upon delivery to the carrier.

6. Returns, Refunds, and Cancellations

5.1 Return Eligibility

The Company's return policy, including applicable return window and eligibility conditions, will be communicated to you at the time of purchase and is incorporated into these Terms by reference. To initiate a return, contact info@dusq.com with your order number and a description of the reason for return. The Company will provide return authorisation and shipping instructions. Returns submitted without prior authorisation may not be accepted.

5.2 Condition of Returns

To be eligible for a refund, the Device must be returned in its original condition and original packaging. Devices that are returned in a damaged, used beyond reasonable inspection, or materially altered condition may be subject to a restocking fee or may be ineligible for a full refund at the Company's sole discretion.

5.3 Refund Processing

Approved refunds will be processed to your original payment method within a commercially reasonable time following the Company's receipt and inspection of the returned Device. The Company will notify you by email once your refund has been processed.

5.4 Pre-Sale and Crowdfunding Orders

Any reservation amount, pledge amount, or pre-sale payment made by a user in connection with a pre-sale or crowdfunding Order is fully refundable at any time prior to the product’s shipping date, for any reason or no reason, with no questions asked. To request a refund of your reservation or pledge amount, contact info@dusq.com with your order number. The Company will process the refund to your original payment method within a commercially reasonable time. Once the product has shipped, the standard return and refund policy set out in Sections 6.1 through 6.3 applies.

5.5 Non-Refundable Items

The following are not eligible for return or refund: Devices that have been damaged through misuse, unauthorised modification, or accidents; Devices purchased from unauthorised resellers; and any downloadable software or digital content.

7. Limited Hardware Warranty

6.1 Warranty Coverage

The Company warrants to the original purchaser that the Device will be free from defects in materials and workmanship under normal use and service conditions for a period of twelve (12) months from the date of original retail purchase ("Warranty Period").

6.2 Warranty Exclusions

This warranty does not cover: (a) damage caused by accident, misuse, abuse, flood, fire, or other external causes; (b) damage caused by operating the Device outside the permitted or intended uses described in the documentation; (c) damage caused by service performed by anyone who is not a representative of the Company; (d) cosmetic damage; (e) consumable parts; or (f) Devices with a removed or altered serial number.

6.3 Warranty Service

To obtain warranty service, contact info@dusq.com during the Warranty Period with proof of purchase and a description of the defect. The Company will, at its sole discretion, repair or replace the Device. Replacement devices may be new or refurbished. This warranty gives you specific legal rights, and you may also have other rights which vary by state.

6.4 Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THIS SECTION 6, THE SERVICES AND DEVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. The Services

7.1 Description

The Company provides a wearable wellness platform that uses proprietary sensor technology and algorithms to monitor physiological signals and environmental conditions during sleep, generate personalised wellness insights, and deliver non-invasive neurostimulation support. The specific features, capabilities, and availability of the Services may change from time to time at the Company's sole discretion.

7.2 Wellness Disclaimer

THE SERVICES AND DEVICE ARE WELLNESS PRODUCTS ONLY. THEY ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, PREVENT, OR MONITOR ANY MEDICAL CONDITION OR DISEASE. THE INSIGHTS, SCORES, AND RECOMMENDATIONS PROVIDED THROUGH THE SERVICES ARE FOR GENERAL INFORMATIONAL AND WELLNESS PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE. YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE MAKING ANY CHANGES TO YOUR HEALTH REGIMEN, PARTICULARLY IF YOU HAVE ANY EXISTING MEDICAL CONDITIONS OR CONCERNS.

7.3 Service Availability

The Company does not guarantee that the Services will be available at all times, uninterrupted, or error-free. We may suspend, modify, or discontinue any aspect of the Services at any time without prior notice. The Company will not be liable for any interruption, suspension, or discontinuation of the Services.

7.4 Software Updates

The Company may from time to time issue updates, patches, or new versions of the application or Device firmware. Such updates may be required to continue using the Services. You agree that the Company may automatically deliver and install updates without additional notice or consent, and you authorise such installations.

7.5 Service Discontinuation

The Company reserves the right to discontinue, suspend, or terminate the Services or any component thereof at any time. In the event of a permanent discontinuation of the core application or cloud backend that renders the Device non-functional, the Company will provide users with no less than thirty (30) days’ prior written notice by email. Such notice does not entitle you to any refund except as expressly provided under Section 5 of these Terms.

9. Licence Grant and Restrictions

8.1 Licence Grant

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (a) download and use the application on a compatible mobile device you own or control; and (b) access and use the Services solely for your personal, non-commercial purposes.

8.2 Restrictions

You agree not to, and not to permit others to:

copy, modify, adapt, translate, or create derivative works of the application or any part of the Services;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the application or Device firmware;
remove or alter any proprietary notices, labels, or marks on the Services or Device;
use the Services for any commercial purpose without our prior written consent;
use the Services in any manner that could damage, disable, overburden, or impair our infrastructure;
use automated means to access or collect data from the Services without our prior written consent;
attempt to gain unauthorised access to any portion of the Services, other user accounts, or related systems; or
use the Services in violation of any applicable law or regulation.

10. Intellectual Property

All Intellectual Property Rights in and to the Services, Device, firmware, software, algorithms, designs, trademarks, trade names (including "Dusq"), and all Content are the exclusive property of the Company or its licensors. Nothing in these Terms transfers any ownership of Intellectual Property Rights to you. Your use of the Services does not grant you any right, title, or interest in the Company's intellectual property other than the limited licence expressly set out in Section 9.

If you provide the Company with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, and incorporate such Feedback into the Services or any other product or service without any obligation to you.

11. User Content

You retain ownership of any User Content you submit through the Services. By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, process, and display such User Content solely as necessary to provide and improve the Services.

You represent and warrant that you have all rights necessary to grant the foregoing licence and that your User Content does not violate any applicable law or the rights of any third party. The Company reserves the right to remove any User Content that violates these Terms or that the Company determines, in its sole discretion, to be inappropriate.

12. Prohibited Conduct

In connection with your use of the Services, you agree not to:

violate any applicable federal, state, or local law or regulation;
infringe the Intellectual Property Rights or other rights of any third party;
upload, transmit, or distribute any content that is unlawful, defamatory, obscene, fraudulent, or harmful;
impersonate any person or entity or misrepresent your affiliation with any person or entity;
engage in any conduct that restricts or inhibits any other user's enjoyment of the Services;
collect or harvest any personal information from other users of the Services; or
use the Services to send unsolicited communications.

13. Privacy

Your use of the Services is subject to the Company's Privacy Policy, available at www.dusq.com, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to data privacy, the Privacy Policy shall govern.

14. Third-Party Services and Links

The Services may integrate with or contain links to third-party services, websites, or applications. The Company does not endorse, control, or assume responsibility for any third-party services or their content, privacy practices, or terms. Your use of third-party services is at your own risk and subject to the applicable third-party terms.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE COMPANY DOES NOT REPRESENT THAT THE SERVICES WILL IMPROVE YOUR SLEEP, HEALTH, OR WELLNESS OUTCOMES.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR PERSONAL INJURY, ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you in full. In such jurisdictions, the Company's liability will be limited to the fullest extent permitted by applicable law.

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its parent entity Ezymind Healthcare Private Limited, and their respective affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

18. Term and Termination

These Terms remain in effect for as long as you use the Services. The Company may suspend or terminate your access to the Services at any time, with or without cause and with or without prior notice, including for violation of these Terms, conduct harmful to other users or the Company, or at the Company's sole discretion. You may terminate your account at any time by contacting info@dusq.com.

Upon termination: (a) your licence to use the Services immediately ceases; (b) you must cease all use of the application and Services; and (c) any provisions of these Terms that by their nature should survive termination shall survive, including Sections 10, 15, 16, 17, 19, 20, and 21.

19. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

18.2 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact us at info@dusq.com and provide a written description of the dispute, the relief sought, and your contact information. The parties will attempt to resolve the dispute informally for a period of thirty (30) days from the date of notice. Either party may proceed to formal dispute resolution if the dispute is not resolved within this period.

18.3 Binding Arbitration

Subject to Section 19.4, any dispute, claim, or controversy arising from or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.4 Class Action Waiver

YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

18.5 Exceptions

Notwithstanding the foregoing, either party may seek: (a) emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights; or (b) relief in small claims court for disputes within the applicable jurisdictional limits.

20. Changes to These Terms

We may update these Terms at any time. Material changes will be communicated by updating the Last Updated date at the top of this page, posting a notice within the Services, and, where required by applicable law or reasonably practicable, by notifying you at the email address on your account. Continued use of the Services following the effective date of a revised version constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the Services.

21. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features or offers, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Waiver. The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

Assignment. You may not assign or transfer any of your rights or obligations under these Terms without the Company's prior written consent. The Company may freely assign these Terms without restriction.

Notices. All notices to the Company under these Terms should be directed to info@dusq.com or to the registered address set out in Section 22.

Force Majeure. The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labour disputes, or failures of third-party service providers.

No Third-Party Beneficiaries. These Terms are for the sole benefit of you and the Company and do not confer any rights or remedies on any third party.

22. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

Ezymind Nexus, Inc., operating as Dusq

131 Continental Dr, Suite 305, Newark, County of New Castle, Delaware 19713, USA

Email: info@dusq.com

Website: www.dusq.com

These Terms of Use are issued by Ezymind Nexus, Inc. (operating as Dusq), a Delaware corporation (registered address: 131 Continental Dr, Suite 305, Newark, DE 19713), wholly-owned subsidiary of Ezymind Healthcare Private Limited (India). Effective Date: April 1, 2026. This document does not constitute legal advice. Dusq recommends periodic review with qualified US legal counsel.