I don’t think Interaxon has ever claimed their headset is a medical device? Have you got a link to that statement?
The SDK agreement actually specifically excludes developing apps for medical use and makes you contact them directly if you even want to get involved in that.
The rest of it is pretty standard stuff. This is copied from the Android SDK terms in the v1.3.0 installer.
I think you’ll be fine doing your own thing. They specifically give you access to the raw data from each sensor; so doing your own algorithms seems like exactly what they’re aiming for.
[B]“Excluded Application”[/B] means an Application which is: (i) sold, licensed,
leased, or otherwise disposed of for a list price of more than US$200 or
local equivalent or US$200 per year or local equivalent if on subscription,
lease or similar basis; (ii) sold, licensed, leased or otherwise disposed
of as part of, or for use with, another application, system, machine or
device (other than a personal computer having a list price of more than
US$200 or local equivalent, or US$200 per year or local equivalent if
on subscription, lease or similar basis);or (iii) [B]designed for use, or[/B]
that is [B]primarily used, with[/B] or for control, whether direct or indirect,
of industrial, commercial, military or [B]medical equipment[/B].
Then goes on further to say:
For greater certainty, You may develop and test Excluded Applications,
provided, however that You acknowledge and agree that this Agreement
does not grant You rights to distribute Excluded Applications. If You
wish to distribute, exploit or otherwise commercialize Your Application
or Excluded Applications, You may not do so under this Agreement, and
[B]must contact InteraXon’s business development team[/B] at HYPERLINK
"mailto:email@example.com" firstname.lastname@example.org [B]and enter into an
appropriate agreement with InteraXon[/B].