1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of Sychedelic services, which include: (i) the Sychedelic website ("Website"), (ii) Sychedelic neurotech headphones ("Product"), and (iii) the Sychedelic mobile application ("App"), collectively referred to as the "Services". The Services are owned and operated by Pankhtech India Private Limited ("Pankhtech", "we", "our", "us").
By accessing or using any of our Services in any manner, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please refrain from using our Services or purchasing our Products.
2. For Information Purposes Only
Content generated or found on our Services is for informational purposes only and is not intended to replace the relationship between you and your physician, healthcare provider or other professional you are working with (collectively, "Professional"). You assume all liability for any medical or health information that is created, stored, or uploaded using our Services.
3. Eligibility
By using our Services, you represent and warrant that you are at least 18 years of age, or you are accessing the Services with the consent of a parent or guardian. You have the legal capacity to enter into these Terms and form a binding contract under applicable law.
4. Services Description
4.1 Website
The Sychedelic website provides information about our Products and Services, enables purchases, and offers customer support.
4.2 Product
The Sychedelic headphones are designed for inter alia music playback, brain activity tracking for wellness and relaxation purposes, and health monitoring. The Product collects biometric data to provide personalized wellness insights.
4.3 Mobile Application
The Sychedelic App allows you to control and personalize your headphones, access your health and wellness data, and receive insights based on your brain activity.
5. Content
5.1 Ownership of Content
All content available on our Services, including but not limited to text, trademarks, copyright, design, patent, logos, sounds, music, artwork, graphics, user interfaces, visual interfaces, photographs, computer code, structure, selection, coordination, expression, software, applications ("Content"), and arrangement of such Content, is owned, controlled or licensed by or to Pankhtech, and is protected by intellectual property rights and all applicable laws.
No Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any manner to any other computer, server, website, application or other medium for publication or distribution or for any commercial enterprise, without Pankhtech's prior written consent or if it has specifically expressed it in these Terms.
5.2 Accuracy of Information
Pankhtech strives to provide accurate, up-to-date, and complete information across all Services. However, we make no representations or warranties regarding the accuracy, completeness, or reliability of any content.
5.3 Use Restrictions
- You may use information purposely made available by Pankhtech to download from our Services, provided that you make no modifications to any such information and use it as is for the purpose that the information is open for the customer to use.
- You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Services or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Products or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Products. Pankhtech reserves the right to bar any such activity.
- You may not attempt to gain unauthorized access to any portion or feature of our Services, or any other systems or networks connected to our Services by hacking, password "mining" or any other illegitimate means.
- You may not probe, scan or test the vulnerability of our Services or any network connected to our Services, nor breach the security or authentication measures on our Services or any network connected to our Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor of our Services, or any other customer, to its source, or exploit the Products or any service or information made available or offered by or through the Products, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Products.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our Services or any transaction being conducted on our Services, or with any other person's use of our Services.
- You may not use the Products, our Services or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pankhtech or others.
5.4 Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be required, in our sole discretion.
5.5 Customer Reviews
Any customer or user review or rating for Pankhtech's products on the Products does not reflect the opinion of Pankhtech. Pankhtech receives multiple reviews or ratings for its products by its users and customers, which reflect the opinions of the customers and the users, respectively. It is pertinent to state that each and every review posted on the Products, is the personal opinion of the customer/user only.
6. Health and Wellness Data
- The Product and App collect and process biometric and health-related data. This data is used to provide you with insights and personalized recommendations. By using our Services, you consent to the collection and processing of this data in accordance with our Privacy Policy.
- You acknowledge that the brain tracking and health monitoring features of the Product are for wellness and informational purposes only and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
7. Abuse of Services and Content
You must not abuse, harm, interfere with, or disrupt our Services or systems — for example, by: introducing malware, spamming, hacking, or bypassing our systems or protective measures, jailbreaking, adversarial prompting, or prompt injection, except as part of our safety and bug testing programs, accessing or using our Services or content in fraudulent or deceptive ways.
8. Intellectual Property
8.1 Intellectual Property Rights
"Intellectual Property Rights" or "Intellectual Property" means:
- all inventions (whether or not patentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications, and patent disclosures, together with all reissuances, divisions, continuations, continuations-in-part, revisions, renewals, extensions, and reexaminations thereof,
- all works of authorship, including all mask work rights, database rights and copyrightable works, all copyrights, all applications, registrations and renewals in connection therewith, and all moral rights;
- all trade secrets,
- all registered and unregistered trademarks, service marks, trade dress, domain names, logos, trade names, and corporate names, together with all translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith,
- all derivative works of any of the foregoing,
- any other similar rights or intangible assets recognized under any laws or international conventions, and in any country or jurisdiction in the world, as intellectual creations to which rights of ownership accrue, and all registrations, applications, disclosures, renewals, extensions, continuations or reissues of the foregoing now or hereafter in force, and
- all copies and tangible embodiments of all of the foregoing (a) through (f) in any form or medium throughout the world.
- You may not use or register, in whole or in part any Pankhtech's Intellectual Property including any trademark, as is or as part of a company name, trade name, product name, or service name except as specifically noted in these terms.
- You cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of any Pankhtech's trademark for any purpose.
- You may not use any Pankhtech's Intellectual Property in a disparaging manner.
- You may not imitate Pankhtech's trade dress i.e. packaging, Products design, logos, or typefaces.
- You may not use or imitate a Pankhtech slogan or tagline.
- You may not use an identical or virtually identical Pankhtech's trademark as a second level domain name.
8.2 Use of Pankhtech's IPR
Any person, individual or entity including the customers, developers, licensees and other parties wishing to use Pankhtech's trademarks, in the form of a reference, promotional, advertising, instructional or in any other form shall follow the terms mentioned herein. Use of the Pankhtech trademarks for commercial purposes without the prior written consent or guidance of/by Pankhtech may constitute trademark infringement and unfair competition in violation of the Trade Marks laws.
Pankhtech's trademarks are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using any of Pankhtech's trademark, in whole or in part, you are acknowledging that Pankhtech is the sole owner of the trademark and promising that you will not interfere with Pankhtech's rights in the trademark, including challenging Pankhtech's use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Pankhtech's trademark. The goodwill derived from using any part of a Pankhtech trademark exclusively inures to the benefit of and belongs to Pankhtech.
You may use Pankhtech's trademarks in a referential phrase on promotional/advertising materials to describe that the third-party product is compatible with the referenced Pankhtech product or technology, provided they comply with the following requirements:
- That none of the Pankhtech's trademarks are a part of the product name.
- The Pankhtech trademarks are used in a referential phrase.
- The Pankhtech's trademarks appear less prominent than the product name.
- The product is in fact compatible with, or otherwise works with, the referenced Pankhtech product.
- The reference to Pankhtech does not create a sense of endorsement, sponsorship, or false association with Pankhtech or Pankhtech's products or services.
- The use does not show Pankhtech or its products in a false or derogatory light.
You may use any Pankhtech's trademark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
- The use is referential and less prominent than the rest of the title.
- The use reflects favorably on both Pankhtech and Pankhtech products or technology.
- Your name and logo appear more prominent than the Pankhtech trademark on all printed materials related to the publication, seminar or conference.
- The Pankhtech's trademark(s) does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Pankhtech.
- A disclaimer of sponsorship, affiliation, or endorsement by Pankhtech, is included on the publication and on all related printed materials.
- A trademark attribution notice is included in the credit section giving notice of Pankhtech's ownership of its trademark(s).
Products/Services that serve only as noncommercial electronic informational forums concerning any Pankhtech product or technology may use the appropriate Pankhtech trademark, provided such use complies with these Terms.
9. Payments
- Prices for Products and Services are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees and are subject to change at the sole discretion of Pankhtech without prior notice to the Customer.
- You must provide accurate and up-to-date payment information. By providing payment details, you authorize us to charge the applicable fees.
10. Information Furnished by User
- Certain features or Services may require you to open an account or enter your information. You are entirely responsible for maintaining the confidentiality of the information you hold and/or for your account, including your password, and for any and all activity that occurs as a result of your failing to keep this information secure and confidential.
- You agree to notify Pankhtech immediately of any unauthorized use of your information, account or password, or any other breach of security.
- You shall not use anyone else's information, ID, password or account at any time without the express permission and consent of the holder of that information, ID, password or account. Pankhtech cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Please refer to our Privacy Policy for further information.
11. Termination
- Pankhtech may suspend or terminate your access to any or all of our Services immediately without prior notice and without further obligation or liability to you if, in Pankhtech's sole discretion, it determines you have breached these Terms.
- Pankhtech may also suspend your access to the Services or terminate these Terms at any time without written notice to you for any reason whatsoever. If the Terms are terminated for any reason, you are still bound by the Terms as set out herein.
12. Disclaimers and Limitation of Liability
- You understand and agree that the Services, any content and other information, data and materials available through our Services are provided on an "as is" and "as available" basis. Pankhtech expressly disclaims all representations or warranties of any kind, whether express or implied.
- Pankhtech does not offer advice or recommendations concerning information or data contained in any Services or content, and any actions taken, or failures to act, in reliance on any content by you or any other person is your sole responsibility and liability.
- Pankhtech specifically makes no representations or warranties that the Products or any of the services will be accurate, reliable, compatible with your computer, or complete or will be provided on an uninterrupted, timely, secure or error-free basis or that any errors can or will be corrected or that any services, Pankhtech content, data or the results derived therefrom will meet your requirements or expectations or that the Products and its server are free of computer viruses and other harmful elements.
- You acknowledge that Pankhtech does not control in any respect any information, products, or services offered by third parties on or through the Products. Except as otherwise agreed in writing, Pankhtech and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through the Products, if any.
- If you are dissatisfied with the Products, the services or with any of the terms, conditions, guidelines, practices or policies of Pankhtech in operating the Products and in providing the services you agree that your sole and exclusive remedy shall be to discontinue using the Products and services.
- Under no circumstances shall Pankhtech be liable to you, or to any other party, for any losses, costs or damages of any kind or nature whatsoever that are suffered or incurred in any connection with the use of (or the inability to use) our Services, or any content.
- In no event whatsoever shall any of the Pankhtech, its directors, investors, employees, shareholders, affiliates, agents and third-party contractors, suppliers and licensors (collectively the "Pankhtech parties") be liable for any special, exemplary, punitive, consequential, incidental or indirect damages of any kind or nature whatsoever that are suffered or incurred in any connection with the use of Products or the provision of the services (including in any connection with the transmission or downloading or storage of any data or submissions to or from the Products or the use of, or reliance on, any content or other information or data contained on or provided through the Products or services, or loss of or damage to files or data or any costs of recovering or reproducing any files or data or loss of use or lack of availability of services or any direct or indirect business interruption or direct or indirect loss of revenue or profit or any other direct or indirect economic loss whatsoever) however caused and regardless of the form or cause of action and whether or not foreseeable, even if the Pankhtech parties or any of them has been informed in advance or ought reasonably to have known of the potential for such damages. The entire risk as to the results and performance and use of the Products, services and any provided support is assumed by you.
- Pankhtech shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Pankhtech's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
13. Indemnification
You agree to indemnify and hold Pankhtech harmless against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from your: (a) breach of these Terms; (b) access to our Services or use of our Products in any other manner.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes shall be resolved exclusively in the courts of Delhi, India.
15. Miscellaneous
15.1 Entire Agreement
No delay or omission by Pankhtech to exercise any right or power it has under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Pankhtech must be in writing and signed by an authorized representative of Pankhtech.
15.2 Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms shall be valid and enforceable to the extent permitted by law.
15.3 Waiver
Failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision. Pankhtech's failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Pankhtech of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Pankhtech and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
15.4 Links to Third Party Websites
Our Services may contain links to other independent third-party websites ("linked websites"). These linked websites are provided solely as a convenience to our users/customers. Such linked websites are not under Pankhtech's control, and Pankhtech is not responsible for and does not endorse the content of such linked websites.
16. Changes to Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on our Website or notifying you via other channels. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.
17. Return and Replacement Policy
17.1 Return Policy
Pankhtech offers a 7-day return policy from the date of delivery. You may return your Product within 7 days of receiving it for a full refund, no questions asked, subject to the following conditions:
- The Product must not be damaged in any way
- The Product must be in the same condition as received
- All original packaging, accessories, manuals, and documentation must be included
- Proof of purchase must be provided
To initiate a return, please contact our Support Team at the contact information provided here. Upon approval of your return request, you will receive instructions for returning the Product. Refunds will be processed using the original payment method once we receive and inspect the returned Product.
17.2 Replacement Policy
Replacements are available only in situations where any part of the Product is non-functional or needs to be changed within 7 days from delivery. To initiate a replacement, please contact our Support Team at the contact information provided here.
Pankhtech reserves the right to test returned Products and to reject replacement requests if no defect is found or if the damage is determined to be caused by misuse, accident, or failure to follow product instructions as outlined in these Terms.
17.3 Exclusions
The return and replacement policy does not cover damage resulting from misuse, accidents, modifications, or failure to follow product instructions. Pankhtech reserves the right to deny returns or replacements that do not meet the conditions specified above.
This Return and Replacement Policy is subject to change in accordance with these Terms.
Contact Us
For any questions or concerns about these Terms, please contact us at:
Pankhtech Support Team
Email: vibe@sychedelic.com
Address: Pankh Tech India Pvt. Ltd., 142 Vipul Trade Center, Sector 48 Sohna Road, Gurugram 122018 Haryana
GST: 07AAJCB3585D1ZO
Phone: +91 88516 14413