1. Acceptance of Terms
By communicating with us, accessing, orusing the services, websites, or software applications (collectively,"Services"), of Neuromodulatory Devices & Applications or itsaffiliates (“Us,” “We,” or “Our”) you acknowledge and agree to be bound bythese Terms of Service ("Terms"). If you do not agree to these Terms,please do not use the Services or correspond with us.
2. Modifications to the Terms
We reserve the right to modify these Termsat any time. We will provide notice of any material changes to the Terms byposting them on Our website or via email notification to those with whom Wehave an ongoing business relationship. Your continued use of the Services afterany changes will again signify your acknowledgment and acceptance of therevised Terms.
3. User Accounts
To use certain features of Our Services,you may be required to create a user account. You are responsible formaintaining the confidentiality of your account information, including yourusername and password, and for any activity under your account. You agree tonotify Us immediately of any unauthorized use or breach of security related toyour account.
4. Privacy and Data Security
Whether you are a customer, third-party, orother individual or entity, We are committed to protecting your privacy and thesecurity of your data as required in the particular context. Our
PrivacyPolicy, which is fully incorporated into these Terms by reference,describes how We collect, use, and disclose personal information. By communicatingwith us or using Our Services, you consent to the practices described in Our PrivacyPolicy.
5. Security Controls
We implement and maintain reasonablesecurity controls to protect your data from unauthorized access, use, ordisclosure. These include administrative, physical, and technical safeguards inaccordance with industry best practices and the SOC 2 Trust Services Criteria.However, We cannot guarantee absolute security, and We encourage you to takesteps to protect your own information by using strong passwords and maintaininggood security hygiene, safeguards, and practices.
6. Data Retention and Deletion
We retain personal data as long asnecessary in connection with the purposes outlined in Our Privacy Policy and asrequired by law. Upon termination of your account or request for deletion, Wewill remove your personal information from Our systems in accordance withapplicable legal requirements and Our internal data retention policies.
7. User Responsibilities
You agree to use the Services in compliancewith all applicable laws, regulations, and industry standards, including butnot limited to:
• Not engaging in illegal activities or activities that violate these Terms.
• Not interfering with or disrupting the security of Our Services.
• Not attempting to gain unauthorized access to Our systems or any other user’s account.
8. Intellectual Property Rights
All content, trademarks, service marks,logos, and other intellectual property displayed on or made accessible throughuse of Our Services is owned by or licensed to Us. You may not reproduce,distribute, or create derivative works based on Our content without Ourexplicit written consent.
9. Termination or Suspension of Services
We reserve the right to terminate orsuspend your access to Our Services at Our discretion, without notice, for anybehavior that We deem a violation of any law or regulation, or these Terms, orwhich We determine in Our sole discretion is otherwise harmful to Us, you, orother users.
10. Limitation of Liability
To the maximum extent permitted by law, byusing or accessing Our Services, you acknowledge and agree that We will not beliable to you or to any third party for any direct, indirect, incidental,special, consequential, or punitive damages arising out of your use orinability to use the Services. Our liability in any event whatsoever, if notcompletely eliminated by your agreement above, will be limited to the amountyou have paid Us for the Services in the 12 months preceding the event whichyou contend resulted in damage or loss.
11. Indemnification
With the exception of intentionalwrongdoing by Us, you agree to indemnify and hold Us, including Our affiliates,officers, directors, employees, and agents harmless from any claims,liabilities, damages, losses, and expenses, including legal fees, arising outof your use of, or inability to use, the Services, breach of these Terms by youor anyone with whom you are in privity, your violation of any regulation or law,or abridgment of the rights of any third party.
12. Governing Law and Dispute Resolution
Your communication with us, use of theServices, and these Terms will be governed by and construed in accordance withthe laws of the State of California. Except as prohibited by governing law, anyand all disputes arising out of or relating to these Terms or the Services,will be resolved through binding arbitration in accordance with the rules ofJudicate West. The sole and exclusive venue for resolution of any and alldisputes arising out of or related to these Terms or the Services, will be SanDiego County, California. By using the Services, you submit to personaljurisdiction and venue in San Diego County, California, and irrevocably waiveany and all objections thereto including, but not limited to, claimed lack ofpersonal jurisdiction,
forum non conveniens, or similar doctrine. To theextent any dispute is not arbitrable by virtue of applicable law, the sole andexclusive forum for judicial resolution shall be the state and federal courtsin San Diego County, California.
13. Contact Information
If you have any questions about these Termsor Our Services or practices, or wish to communicate with us regarding anyinformation, problem, or issue, or report same, please contact Us using one ofthe following channels best suited to the nature of your communication:
Email:
admin@NMDAhealth.com Mail: NeuromodulatoryDevices & Applications 501 W. Broadway St., Suite 1025 San Diego, California, 92101
