Product Terms of Use - REAL System

Terms of Use, License and Subscription Agreement

Last modified: July 21, 2020

This Terms of Use, License and Subscription Agreement (“Terms of Use”) is between Penumbra, Inc. (“Penumbra”), a Delaware corporation with a principal place of business at One Penumbra Place, Alameda, CA 94502, and the Facility (as defined below), both parties agreeing to these Terms of Use as indicated below.

 

I. Definitions.

 

  1. Authorized Hardware” means the Tablet, Headset and REAL® Sensors, each as defined herein.
  2. Billing Cycle” means the period between Billing Dates.
  3. Billing Date” means the first day of a Billing Cycle. For the avoidance of doubt, the initial Billing Date shall be the Shipping Date.
  4. Change Request” shall have the meaning assigned to it in Section III(C)1.
  5. De-identified Data” means all data and information related to Facility’s use of the REAL Immersive System that is de-identified in accordance with 45 C.F.R. § 164.514(a)-(b) and may be used by Penumbra for any lawful purpose, including to compile statistical and performance information related to the provision and operation of the REAL Immersive System.
  6. Effective Date” means the date on which Facility or its lawful representative checks the box located on the Order Form to agree to the Terms of Use.
  7. Facility” means the business entity entering into these Terms of Use with Penumbra.
  8. Feedback” shall have the meaning assigned to it in Section VIII(C)(7).
  9. Headset” means the head mounted display component of the REAL Immersive System.
  10. License” means the Software license granted to Client in these Terms of Use.
  11. Operator” means any properly licensed employee, contractor or other individual of the age of majority in the state in which Facility is located, acting as an agent of Facility, in the use of the REAL Immersive System with Patients.
  12. Order Form” means the physical or electronic form on which the Subscription Fee, quantities of REAL Immersive Systems and REAL Sensor Bands is entered, along with Facility’s form of payment.
  13. Patient” means any patient, client or member of the Facility who will receive or is receiving therapy with the REAL Immersive System.
  14. REAL Care” shall have the meaning assigned to it in Section III(B)3.
  15. REAL Case” means the suitcase, including the foam, and the underground charging components that are used to store and recharge the Authorized Hardware.
  16. REAL Immersive System” means one (1) complete set of new or reconditioned Authorized Hardware, with installed Software, and one (1) REAL Case.
  17. REAL Sensor Bands” means the disposable straps bearing or whose packaging bears the official REAL logo and which are intended to be used with the REAL Sensors.
  18. REAL Sensors” means one complete set of REAL-branded sensors for use on the Patient’s body as part of the REAL Immersive System.
  19. Replacement Fee” shall have the meaning assigned to it in Section III(B)3.
  20. Shipping Date” means the date on which Penumbra ships the ordered Real Immersive System(s) to Facility.
  21. Software” means the object code version of the REAL software and firmware pre-installed on any Authorized Hardware, including any updates Penumbra may make available from time to time.
  22. Swap Out Fee” shall have the meaning assigned to it in Section III(B)3.
  23. Subscription” shall have the meaning assigned to it in Section III(A).
  24. Subscription Fee” means the total fee set forth on the Order Form for the Subscription.
  25. Tablet” means the REAL-branded touchscreen tablet component of the REAL Immersive System.
  26. Unauthorized Hardware” means any hardware accessories not distributed directly or indirectly by Penumbra.
  27. Unauthorized Software” means any software or firmware not distributed directly or indirectly by Penumbra.

 

II. Ownership and License.

 
A. Ownership.

  1. REAL Immersive System. The REAL Immersive System and all De-identified Data shall belong solely to Penumbra at all times, and that no title or other indicia of ownership are transferred to Facility. Facility may use the REAL Immersive System pursuant to (and solely during the Term of) these Terms of Use to provide virtual reality-based therapy to Patients in the normal course of Facility’s business, in a safe and commercially reasonable manner. Facility agrees to protect the REAL Immersive System from damage or abuse, shall safeguard the REAL Immersive System with the same level of care as Facility uses with respect to its own valuable property, and shall not remove any labels or other indicators of Penumbra’s ownership of the REAL Immersive System. Penumbra hereby reserves a security interest in and to each REAL Immersive System, and Facility hereby agrees to cooperate reasonably with Facility in perfecting and maintaining such security interest, including by filing UCC-1 financing statements as required or desirable in Penumbra’s judgment.

 
B. License Grant.

Subject to Facility’s timely performance, Penumbra hereby grants Facility a non-exclusive, non-transferable, revocable, Subscription Fee-bearing license, without the right to grant sublicenses, to access and use the Software, solely: (i) via the REAL Immersive System; (ii) during the Term; and (iii) through one (1) or more Operators. Facility is responsible for the compliance of all Operators with these Terms of Use. Facility shall ensure that each Operator is: (1) a licensed healthcare provider, such as a physical therapist, or an authorized assistant, and in all cases is legally permitted to use the REAL Immersive System on Patients pursuant to these Terms of Use; and (2) located in the United States.
 
C. Conditions.

As conditions to the License, Facility understands and agrees that:

  1. Penumbra may use technical measures, including Software updates, to prevent use of Unauthorized Hardware and Unauthorized Software, and to protect the technical limitations, security, and anti-piracy systems in the REAL Immersive System. Use of Unauthorized Software or Unauthorized Hardware is a material breach of these Terms of Use, may cause the REAL Immersive System to malfunction or stop working, and shall void the warranty in Section VI(A).
  2. Penumbra may also update the Software from time to time without notice to Facility, for example, to include new feature enhancements, add additional therapies, or update any technical limitation, security, or anti-piracy system.
  3. Facility shall not: (i) use or install any Unauthorized Software or Unauthorized Hardware with the REAL Immersive System; (ii) modify, reverse engineer, decompile, or otherwise attempt to derive the source code, structure, design, or method of operation of the Software; (iii) modify, disassemble, or otherwise tamper with the Authorized Hardware or Software; (iv) modify or disable any hardware or software controls in the REAL Immersive System; (v) attempt to circumvent technological measures or gain unauthorized access through hacking, password mining or any other means; (vi) modify, distribute, sell, or use for the benefit of any third party other than Patients any of the Authorized Hardware and Software; or (vii) attempt to defeat or circumvent any technical limitation, security, or anti-piracy system of the Software or Authorized Hardware.

 

III. Subscription; Pricing.

 
A. Subscription.
Facility shall pay for use of the REAL Immersive System on an automatically renewing, or subscription, basis (the “Subscription”), either monthly or annually, during the Term of and in accordance with these Terms of Use. Facility shall pay the corresponding Subscription Fees in accordance with the Billing Cycle as described in Section V(B).
 
B. Pricing.

  1. Subscription Fee. The Subscription Fee and the quantity of REAL Immersive Systems included in the Subscription are as set forth on the Order Form. The Subscription Fee is inclusive of the cost of REAL Care, as described below.
  2. Subscription Fee Changes. Penumbra may increase or decrease the Subscription Fee at any time in its sole discretion; provided, that Penumbra shall only increase the Subscription Fee more than ten percent (10%) once per calendar year. Subscription Fee increases of ten percent (10%) or greater will become effective upon thirty (30) days’ written notice from Penumbra. Subscription Fee decreases, and Subscription Fee increases of less than ten percent (10%), will become effective immediately.
  3. REAL Care. Facility shall participate in a protection plan for each REAL Immersive System it subscribes to (“REAL Care”). Under the REAL Care program, the Subscription Fee covers damage to the REAL Immersive System that falls outside the Warranty, as described herein. If Facility damages the REAL Immersive System, and such damage is determined to fall outside the damages covered by the Warranty, Facility will be charged a swap out fee of two hundred and fifty dollars ($250.00, the “Swap Out Fee”) for a replacement REAL Immersive System. A Facility will be charged the cost of replacing the REAL Immersive System, an amount of six thousand dollars ($6,000.00, the “Replacement Fee”), if the damaged REAL Immersive System is not returned in accordance with these Terms of Use, or for damage resulting in more than three (3) swap outs required during each successive twelve (12) month period following the Shipping Date.
  4. Anti-Kickback Statute. Penumbra will provide Facility with a catalog number to clearly specify any discounted items on the Order Form, if applicable. Facility is obligated to (a) fully and accurately disclose the cost of all Subscriptions and Sensor Bands purchased hereunder – including all discounts or other price reductions – in cost reports or claims for reimbursement by Facility to Medicare, Medicaid, or other health care programs requiring such disclosure, and (b) provide such documentation to representatives of the Secretary of the Department of Health and Human Services and state agencies upon request. This notice is provided in order to comply with the discount safe harbor to the federal Anti-Kickback Statute, 42 C.F.R. 1001.952(h).

 
C. Changes or Modifications to Subscription.

  1. Facility may make changes to the quantities of REAL Immersive Systems in its Subscription (“Change Request”) by contacting Penumbra in accordance with Exhibit A, which may result in an updated Subscription Fee.
  2. Change Requests shall be submitted and processed as follows:
    1. Increases to the Quantity of REAL Immersive Systems in a Subscription. If Facility increases the number of REAL Immersive Systems in a Subscription, Penumbra will schedule the delivery of the additional REAL Immersive System(s) in accordance with its business demands and availability. The updated Subscription Fee on the Order Form will reflect the new total quantity of REAL Immersive Systems and will become effective starting in the first Billing Cycle after Penumbra ships the additional REAL Immersive System(s).
    2. Decreases in the Quantity of REAL Immersive Systems in a Subscription. If Facility wants to decrease the number of REAL Immersive Systems in a Subscription, Facility must send its request for such decrease to Penumbra at askreal@realsystem.com. Penumbra will remotely disable the Subscription to the REAL Immersive System(s) that Facility has indicated it would like to discontinue using. Facility shall return the deactivated REAL Immersive System(s) to Penumbra within thirty (30) days of the Change Request in accordance with Section III(E). The updated Subscription Fee will reflect the new total quantity of Subscriptions Facility maintains, and the updated Subscription Fee will become effective starting in the first Billing Cycle after Penumbra disables the Subscription for the REAL Immersive System(s) returned.

 
D. Cancellation or Suspension of Subscription.

  1. Facility may cancel its Subscription at any time by sending notice of such cancellation to Penumbra at askreal@realsystem.com.
  2. Penumbra may immediately suspend or cancel Facility’s Subscription, without notice if: (a) Facility’s payment is overdue (provided that Penumbra will use reasonable efforts to notify Facility of the overdue payment before Penumbra terminates or suspends such Subscription); (b) Facility provides false or inaccurate information to Penumbra; (c) Facility violates the Terms of Use or the related data privacy and security-related terms of use; or (d) Facility engages in conduct that is a violation of any applicable law or regulations (including, without limitation, copyright and intellectual property laws).
  3. Upon notice to Facility or Penumbra, as applicable, of the cancellation of the Subscription pursuant to this Section III(D):
    1. the License shall immediately terminate; and
    2. Subject to Section III(D)4 below, Penumbra may immediately eliminate access to all data, files, and other information stored in or for Facility’s use of the REAL Immersive System(s) without further notice to Facility.
  4. Notwithstanding the foregoing, Facility shall have access to all Patient data for at least ninety (90) days after the cancellation of the Subscription for the purpose of continued Patient care and therapy. Should Facility wish to resume its Subscription after any suspension, a restoration of service fee may apply as determined by Penumbra, which fee shall be in addition to all past due unpaid charges and other fees.

 
E. Returns.

Should Facility need to return its REAL Immersive System(s) under the terms of this Section III, Facility can appropriately repackage the REAL Immersive System(s) and ship it back to Penumbra at Facility’s own expense. Penumbra must receive the complete REAL Immersive System within thirty (30) days’ notice of the cancellation (the “Return Period”). If any REAL Immersive System is not returned before the end of the Return Period, Penumbra reserves the right to continue charging the Subscription Fee until the REAL Immersive System has been returned.
 

F. Prorated Refunds.
For annual subscribers only, Facility will receive a prorated refund for that portion of the Subscription Fee paid for the then-current Billing Cycle starting from the first day of the month following the cancellation of its Subscription or a decrease in the quantity of REAL Immersive Systems in accordance with Section III(C), above.

 

IV. REAL Sensor Bands.

 

  1. Sensor Band Quantity.
    In order to use REAL Immersive System, Facility will be required to purchase and use corresponding REAL Sensor Bands. Facility shall purchase REAL Sensor Bands in an amount sufficient to provide each Patient with his or her own set of REAL Sensor Bands. REAL Sensor Bands come in direct physical contact with each Patient’s skin in normal use, and therefore may not be shared between Patients or returned after the REAL Sensor Band box has been opened.
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  3. Sensor Band Pricing.
    The price for each set of REAL Sensor Bands (“Sensor Band Price”) is set forth on the Order Form. Facility shall order REAL Sensor Bands at any time by updating the Order Form. Such REAL Sensor Bands will be shipped and charged to Facility upon Penumbra’s receipt of Facility’s updated Order Form.
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  5. Pricing Changes.
    Penumbra may increase or decrease the Sensor Band Price at any time in its sole discretion; provided, that Penumbra shall only increase the Sensor Band Price more than ten percent (10%) once per calendar year. Sensor Band Price increases of ten percent (10%) or greater will become effective upon thirty (30) days’ written notice from Penumbra. Sensor Band Price decreases, and Sensor Band Price increases of less than ten percent (10%), will become effective immediately.

 

V. Delivery of REAL Immersive System; Payment.

 

  1. Delivery of the REAL Immersive System.
    Penumbra will schedule the delivery of the REAL Immersive System(s) ordered by Facility in accordance with its business demands and product availability. Penumbra shall bear the expense of shipping the REAL Immersive System to Facility and shall bear the risk of loss or damage until the REAL Immersive System has been delivered to Facility.
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  3. Billing Cycles; Auto-Renewal.
    The Billing Cycle for each Subscription begins on the Shipping Date and recurs on a regular basis thereafter until the Subscription has been cancelled by Facility or Penumbra. The Subscription Fee will be charged in full on or about the Billing Date at the outset of the Billing Cycle.
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  5. Amount to be Charged.
    Facility shall pay the Subscription Fee and charges for the purchase of REAL Sensor Bands (plus any applicable taxes and other charges) in accordance with Section V(D). Any agreement Facility has with its payment provider governs the use of Facility’s specified payment method. Penumbra shall charge Facility for each Subscription where such Subscription has not been canceled as permitted by these Terms of Use. This does not waive Penumbra’s right to seek payment directly from Facility.
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  7. Billing Authorization.
    Facility shall provide a payment method (such as a credit, charge or debit card number or ACH transfer details) and relevant payment information acceptable to Penumbra for payment of Subscription Fees, REAL Sensor Bands, the Swap Out Fee or Replacement Fee, or any other such items included on the Order Form. Facility hereby authorizes Penumbra, its payment processors and any other billing agents to charge Facility for its Subscription and REAL Sensor Bands through such specified payment method on each Billing Date. Facility hereby authorizes the issuer of its selected payment method to pay any amounts described herein without requiring a signed receipt and agrees that the authorizations in this section shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt. Facility authorizes Penumbra to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Facility’s payment method until such amounts are paid in full. Facility shall provide updated payment information upon request and any time the information previously provided is no longer valid. Facility represents and warrants that it has the legal right to use all payment method(s) provided hereby. Penumbra reserves the right to reject any payment method, for any reason, including without limitation any such method for which a payment will not process after two (2) attempts by Penumbra. Facility hereby authorizes Penumbra to obtain a credit report from one or more consumer credit reporting agencies for any lawful purpose, including but not limited to for authentication purposes or to make credit decisions. Facility authorizes Penumbra to verify information in its credit report and agrees that Penumbra may contact third parties to verify any such information.
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  9. Limitation of Liability.
    Neither Penumbra nor any agent of Penumbra will have any liability whatsoever for any insufficient funds or other charges incurred by Facility as a result of attempts to charge, and/or place holds on, Facility’s specified payment method as contemplated herein.
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  11. Third-Party Payment Processors.
    Penumbra may use a third-party payment processor (the “Payment Processor”) to bill Facility through the payment method provided by Facility. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use. Penumbra is not responsible for errors by the Payment Processor. Facility shall pay Penumbra, through the Payment Processor, all charges at the prices then in effect for any Sensor Band purchase or Subscription Fee in accordance with the applicable payment terms presented to Facility at the time of purchase. Penumbra reserves the right to correct, or to instruct its Payment Processors to correct, any errors or mistakes, even if payment has already been requested or received.
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  13. Billing Inquiries and Refunds.
    For any questions or concerns related to Penumbra billing, Facility shall notify Penumbra within thirty (30) days of the Billing Date by contacting Penumbra in accordance with Exhibit A. Penumbra will not issue refunds or credits after the expiration of this thirty (30) day period, except where required by applicable law or as set forth herein.

 

VI. Warranty; Disclaimer.

 

  1. Statement.
    Penumbra hereby extends a lifetime warranty on the Authorized Hardware and the REAL Case (the “Covered Products”), warranting that the Covered Products are free from defects in material and workmanship. In the event of breach of this warranty, Penumbra’s sole and exclusive liability shall be to repair or replace the Covered Products; provided that: (1) the Covered Products are found by Penumbra to have been defective; (2) the Covered Products have been installed and operated in accordance with Penumbra’s instructions; (3) no repairs, alterations or replacements have been made to the Covered Products without Penumbra’s written approval; and (4) Facility notifies Penumbra in writing within thirty (30) days after the defect becomes apparent. In no event shall Penumbra’s aggregate liability in connection with breach of any warranty or warranties exceed the Subscription Fee paid since notice of defect. Penumbra requires the return of the Covered Products to establish any claim of defect.
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  3. Exclusions.
    The foregoing warranty does not cover and shall be void for: (i) defects or damages resulting from casualty, accident, misuse or abuse, neglect, alterations, service or repair by anyone other than Penumbra or its independent third party service providers, including without limitation by Facility; (ii) improper installation or de-installation, operation or maintenance, improper connections or other causes not arising out of defects in the Covered Products; (iii) damage due to shipping containers, batteries, Software or other accessories; (iv) normal wear and tear; (v) use of Unauthorized Hardware or Unauthorized Software; or (vi) damage to or loss of repaired or replaced Covered Products during shipping by Penumbra except when such damage or loss is caused by poor or inadequate packaging by Penumbra. Facility shall be responsible for, and shall pay, all costs and fees for out-of-warranty Covered Products, including full replacement costs thereof, as determined by Penumbra.
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  5. Disclaimer.
    EXCEPT AS EXPRESSLY STATED IN THIS SECTION VI, PENUMBRA MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. PENUMBRA HEREBY DISCLAIMS ALL SUCH OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

 

VII. Indemnification and Limitation of Liability.

 

  1. Statement.
    Facility hereby agrees to fully indemnify, defend and hold harmless Penumbra, its licensors, suppliers, agents, affiliates and assigns, and our and their directors, officers, employees, consultants and other representatives from and against any and all claims, demands, threats, suits and proceedings, and all associated damages, losses, liabilities, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) Facility’s actual or alleged breach of these Terms of Use; (b) Facility’s activities in connection with the Subscription; (c) the negligence or willful misconduct of Facility, any Operator and any other third party that either Facility or Operator permits to access the REAL Immersive System; (d) any death, disease or injury to persons or damage to property arising from the acts or omissions of Client or Operators; and (e) Facility’s violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. Penumbra shall give notice to Facility of any such claims, demands, threats, suits or proceedings, and shall cooperate reasonably with Facility, at Facility’s expense, in Facility’s defense or settlement thereof. In no event shall Facility settle any such claims, demands, threats, suits and proceedings without the prior, written agreement of Penumbra.
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  3. Limitation of Liability.
    IN NO EVENT SHALL PENUMBRA BE LIABLE TO FACILITY OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF PENUMBRA UNDER THESE TERMS OF USE OR REGARDING ANY GOODS OR SERVICES PROVIDED BY PENUMBRA EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY FACILITY IN THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY OR TEN THOUSAND DOLLARS ($10,000).

 

VIII. General Provisions

 

  1. Term.
    These Terms of Use shall commence on the Effective Date and shall remain in effect until terminated pursuant to this Article VIII (“Term”).
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  3. Termination for Cause.
    Penumbra may terminate the Terms of Use simultaneously upon providing notice of cancellation of any Subscription in accordance with the terms herein. Penumbra may terminate the Terms of Use immediately if: (i) Facility fails to pay any fees due and payable under the Terms of Use; (ii) Facility makes an assignment for the benefit of creditors, suffers the appointment of a receiver, or fails to pay its bills in the ordinary course of business; (iii) Facility attempts to circumvent any security controls of the REAL Immersive System or Software; or (iv) Facility conducts any of the unauthorized actions set forth in Section II(C) above. Within thirty (30) days after termination pursuant to this Section VIII(B), a REAL Care Specialist or other Penumbra sales representative will arrange with Facility for the pick-up of the REAL Immersive System at a mutually agreeable date and time.
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  5. Miscellaneous.
    1. Governing Law; No Special Damages. These Terms of Use shall be governed, construed and enforced in accordance with the laws of the State of California, without application of conflicts of law. Both parties hereby consent to the jurisdiction of the federal and state courts located in San Francisco, California.
    2. Assignment. These Terms of Use shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assignees. Except for an assignment to a successor-in-interest that acquires a party by merger or acquisition, the Terms of Use shall not be assigned by either party without the prior written consent of the other party. No person who is not a party shall have any rights hereunder as a third-party beneficiary or otherwise.
    3. Waiver; Severability. Failure of a party to insist upon the performance of the other party of any provision of the Terms of Use shall not be treated as a modification of the Terms of Use, nor shall such failure or election be treated as a waiver of the right of such party at any later time to insist upon strict performance of such provision. If any provision of these Terms of Use is declared void or unenforceable, such provision shall be severed from the Terms of Use, which shall otherwise remain in full force and effect.
    4. Modifications. Penumbra works constantly to improve the REAL Immersive System and develop new features for Facilitys and Patients. As a result, Penumbra may need to update these Terms of Use from time to time. Where updates are material, Penumbra will provide Facility with notice of such changes and an opportunity to review them before they take effect, as appropriate. Once any updated Terms of Use are in effect, Facility will be bound by them if Facility continues its Subscription. If Facility does not agree to the updated Terms of Use, Facility may cancel its Subscription at any time pursuant to Article III.D.
    5. Communications. Facility consents to accept and receive communications from Penumbra, including e-mails and telephone calls related to the Subscription. Such communications may include, but are not limited to, requests for secondary authentication, receipts, reminders, notifications regarding updates or support, and marketing and promotional communications. Facility may opt-out of receiving promotional email communications sent by Penumbra by responding to such messages with a request to opt-out or by contacting Penumbra in accordance with Exhibit A.
    6. Ownership. Penumbra reserves all rights not expressly granted to Facility in the Terms of Use. Penumbra owns all rights, title, interest, copyright, patents, and other intellectual property rights in the REAL Immersive System. These Terms of Use do not grant any rights to Facility in Penumbra’s trademarks, service marks or other intellectual property other than pursuant to the licenses expressly granted herein.
    7. Feedback. Facility may, but is not obliged to, submit comments or ideas about REAL Immersive System (“Feedback”) to Penumbra. Facility hereby agrees that Penumbra may use and disclose Feedback as it sees fit, without notice to or permission from, Facility or any third party, during or after the Term of these Terms of Use, and that Penumbra shall not be under any fiduciary, confidentiality or other obligation with respect to Feedback.
    8. Notice. Any notice required or permitted under these Terms of Use shall be deemed properly given (i) by Penumbra, if e-mailed to the email address associated with the acceptance of these Terms of Use; and (ii) by Facility, if emailed to askreal@realsystem.com. If Facility wishes to update the email address at which such notices are received, Facility should contact Penumbra in accordance with Exhibit A.

 

EXHIBIT A

For all inquiries related to shipping, returns, increasing or decreasing the number of REAL Immersive Systems, purchasing or returning REAL Sensor Bands, or related to the use of the Authorized Hardware, please contact the REAL Customer Success team at:

Phone: 1-855-REAL-SYS (1.855.732.5797)

E-mail: askreal@realsystem.com