Noctrix Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS WAIVERS, DISCLAIMERS AND LIMITATIONS SUCH AS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, A BINDING ARBITRATION CLAUSE, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS, RULES AND REGULATIONS.

This document sets forth the Terms of Use and various other notices pertaining to services provided by Noctrix Health, Inc. ("Noctrix") in connection with the Noctrix system. The mobile application (the "App"), is available on the Apple App Store and Google Play Store. Please read the following terms of use for the App (collectively, the "Terms of Use") as they set forth important terms that you should be aware of regarding the App. Before using the App, registering any Noctrix products, creating an online account for the use of the App, you must review the Terms of Use and policy regarding privacy (the "Notice of Privacy Practices"). You agree that, when you check the "I consent to" button, you represent that you (i) are the person taking such action and will be the user of the App (unless you are under the age of 18, in which case the person represents that he/she is the parent or guardian of the user of the App and makes such representations on behalf of said user); (ii) have received, reviewed, consent to, and agree to be bound by the Terms of Use and Notice of Privacy Practices; and (iii) agree that such action has the same force and effect as a physical signature.

TABLE OF CONTENTS
1. Scope
2. Notice of Privacy Practices
3. Disclaimers
4. Intellectual Property Rights
5. App Administration
6. Your Obligations
7. Limitations on Liability; Remedies
8. Indemnification
9. Notice to California Residents
10. Miscellaneous

1. SCOPE

All use of the App shall be governed by the Terms of Use and the Notice of Privacy Practices. These Terms of Use apply exclusively to your access to and use of the App and do not alter in any way the terms and conditions of any other agreement or requirements you may have with Noctrix for products, other services, or otherwise. If you do not agree with the Terms of Use or the Notice of Privacy Practices, you do not have permission to use the App. The Noctrix product(s) used in conjunction with the App will not transmit data, including personal information, unless and until you create an account and the data generated by the Noctrix product is transmitted when connected to the App.

Noctrix provides a variety of restless legs syndrome treatment ("RLS") products that operate independently or in conjunction with software, websites, and mobile apps including, without limitation, the App. You agree to use the App to control your Noctrix device, view information regarding your usage of the Noctrix device, and to consult with your designated medical professionals regarding your RLS issues (and for no other purposes).

Noctrix does not currently charge a fee in connection with the use of the App but reserves the right to do so if it is necessary in Noctrix's sole discretion. Notwithstanding the foregoing, you are and shall continue to be responsible for all software, hardware, internet connection, fees, expenses, costs, taxes, obligations and liabilities of any kind or nature required or incurred in connection with your use of the App.

Your use of the App is subject to all additional terms, policies, rules, or guidelines that Noctrix may implement or require. All such additional terms, policies, rules, or guidelines are incorporated as if fully set forth in these Terms of Use. These Terms of Use, together with the Notice of Privacy Practices and any additional terms, policies, rules, or guidelines promulgated by Noctrix, constitute the entire agreement and understanding between you and Noctrix regarding your access and use of the App.

2. NOTICE OF PRIVACY PRACTICES

Please refer to the Notice of Privacy Practices for information on how Noctrix uses, processes and shares personal and non-personal information it may obtain about you when you use the App. The Notice of Privacy Practices can be accessed by clicking the following link: []

Please read the Notice of Privacy Practices carefully, as its terms and conditions are incorporated as if fully set forth herein. You consent to the collection, use, and disclosure of information (if any) provided to Noctrix through the App, your Noctrix account, or otherwise.

3. DISCLAIMERS

THE APP DOES NOT PROVIDE EMERGENCY SERVICES OR HAVE THE CAPABILITY OF CONTACTING MEDICAL PROFESSIONALS IN THE EVENT OF A MEDICAL EMERGENCY. IF A MEDICAL EMERGENCY EXISTS IN THE UNITED STATES, CALL 9-1-1 IMMEDIATELY.

THE CONTENT AVAILABLE THROUGH THE APP THAT IS COMMUNICATED TO YOU VIA THE APP, ANOTHER APPLICATION, TOOL, TEXT, EMAIL, ETC. IS FOR PERSONAL, NON-COMMERCIAL, INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AND SHOULD NOT BE USED TO BE A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE PROFESSIONALS. NOCTRIX DOES NOT, IN ANY WAY, PROVIDE MEDICAL ADVICE, MEDICAL PRESCRIPTIONS, MEDICAL TREATMENT, OR MEDICAL DIAGNOSES OF ANY KIND OR NATURE. THE USE OF ANY CONTENT GENERATED BY OR OTHERWISE RELATED TO THE APP DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP. IT IS YOUR RESPONSIBILITY TO PRESENT YOUR MEDICAL DATA TO YOUR PHYSICIAN(S) FOR PROPER ANALYSIS, DIAGNOSIS, AND TREATMENT. YOU ACKNOWLEDGE AND AGREE THAT NOCTRIX IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISION MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED ON THE DATA COLLECTED, STORED, TRANSMITTED, OR DISPLAYED BY THE APP, WHETHER SUCH DATA IS ACCURATE OR NOT. NOCTRIX AND ITS AFFILIATES DO NOT WARRANT THAT THE APP OR ANY PORTION THEREOF WILL BE CONTINUOUSLY AVAILABLE WITHOUT INTERRUPTION, SECURE, OR FREE FROM ERRORS, VIRUSES, OR OTHER DANGERS OR THREATS, AND SPECIFICALLY DISCLAIM ANY WARRANTY THAT ANY OF THE THESE ISSUES, IF PRESENT, WILL BE REMEDIED.

NEITHER NOCTRIX NOR ITS LICENSORS, SUPPLIERS OR DISTRIBUTORS (IF ANY) MAKE ANY SPECIFIC REPRESENTATIONS OR WARRANTIES REGARDING THE APP. BY USING THE APP, YOU ACCEPT THE APP "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, OR ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION AVAILABLE ON OR TRANSMITTED BY THE APP IS TRUE, COMPLETE OR ACCURATE. NO INFORMATION OBTAINED OR ACCESSIBLE BY YOU FROM NOCTRIX OR ITS AFFILIATES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OR ACCESS TO THE APP, YOUR INTERACTION WITH ANY OTHER USER(S), AND ANY DATA OR INFORMATION MADE AVAILABLE TO YOU IN THE APP.

4. INTELLECTUAL PROPERTY RIGHTS

Using the App does not grant you any right, title, or interest in, under, or to any intellectual property rights owned or controlled by Noctrix or its affiliates (collectively, "Noctrix IP"), which includes, without limitation, the user interface and design of the App, information, data, source code, software, any intellectual property rights to the design, function, or use of Noctrix devices, or any other component of the Noctrix device or App whether registered or not. Neither these Terms of Use nor your use of the Noctrix device or the App grant(s) you the right to use any branding or logos used in the Noctrix device, App including, without limitation, the Noctrix name or logo. You agree not to remove, obscure, or alter any legal notices displayed in or along with the Noctrix device, App. Any unauthorized reproduction, modification, distribution, or use of any Noctrix IP is strictly prohibited.

Subject to the foregoing, and subject to the other provisions of these Terms of Use, Noctrix grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices that you own or have the right to use, for your use in a non-commercial, informational, and personal context consistent with these Terms of Use. This means that you may view the information provided by the App for the limited purpose of sharing such information with your designated medical professional, but you may not reproduce, copy, sell, transmit, publish, distribute, modify, display, assign, license, or otherwise exploit such information for any other purpose without Noctrix's prior written consent, which may be withheld in its discretion. You acknowledge and agree that, by downloading the App, it is licensed, and not sold, to you. Any and all rights not granted in these Terms of Use are expressly reserved by Noctrix.

To the fullest extent permitted by law, the information generated by the App or the Noctrix device shall be owned, controlled, and used by Noctrix in its sole discretion. Such information includes, but is not limited to, the time of day the Noctrix product is used and how long each day the Noctrix product is used.

Noctrix may provide its products and content to the United States Government or an agency thereof (collectively, the "Government") with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to the restrictions permitted by the Defense Federal Acquisition Regulation Supplement ("DFARS") to the Federal Acquisition Regulation ("FAR"), FAR, or the Code of Federal Regulations ("CFR") including, without limitation, DFARS 252.227-7013, FAR 52.227-14, and 48 CFR 52.227-19. Any rights not expressly granted by Noctrix to the Government are fully reserved.

5. APP ADMINISTRATION

Noctrix may require you to register and use a password or login link to access the App (or any portion thereof). You must maintain the confidentiality of any passwords and login links used to access the App. Noctrix shall not be liable for any loss or liability you incur as a result of someone else having access to or using your password or account (including your failure to establish and maintain a secure password). If you become aware of any unauthorized use of your password or account, you shall contact Noctrix immediately.

To the fullest extent permitted by Laws, Noctrix expressly reserves the right to refuse access to the App or to suspend your Noctrix account at any time and for any or no reason. You agree that you are using the App and the associated Noctrix products for your own therapy.

6. YOUR OBLIGATIONS

By accessing and using the App, you represent, warrant, and covenant that (i) you are at least 18 years of age (or, if you are younger than 18 years of age, your legal guardian has reviewed and accepted these Terms of Use and Notice of Privacy Practices on your behalf), (ii) the information that you have provided to Noctrix is true, complete, and correct in all respects, (iii) your use of the App will not be for any illegal purpose and will comply with all applicable laws, rules, regulations, ordinances, orders, and decrees in effect at the international, federal, state and local levels (collectively, the "Laws"), (iv) you will not act or refrain from acting in such a way that will or could be harmful to others or damage Noctrix's reputation or goodwill, (v) you will not violate the rights or privileges of Noctrix or any third party, (vi) you will not interfere with Noctrix's use, maintenance, or development of the App, (vii) you will not interfere with any other users' use of the App, (viii) you will not breach any security measures established by Noctrix or any third party with respect to the App, (ix) you will not attempt to replicate, reverse engineer, or otherwise reproduce the App or the function thereof, or (x) you will not use any bot, spider, or other automatic or manual method to review, scrape, or compile information from the App. If, at any time, the information you have provided to Noctrix changes or becomes untrue, you agree to promptly update such information. You also agree to cease using the App to the extent such use violates or no longer complies with the Laws.

7. LIMITATIONS ON LIABILITY; REMEDIES

NEITHER NOCTRIX, ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, ADVISORS, CONTRACTORS, SUCCESSORS, ASSIGNS, OR ANY OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, THE "NOCTRIX REPRESENTATIVES"), WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE APP REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM, POTENTIAL CLAIM, OR DEMAND IS BASED UPON BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR WHETHER NOCTRIX OR THE NOCTRIX REPRESENTATIVES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT NOCTRIX AND/OR THE NOCTRIX REPRESENTATIVES CANNOT FULLY DISCLAIM LIABILITY FOR THE FOREGOING DAMAGES BASED ON APPLICABLE LAWS, THEN YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SOLE AND EXCLUSIVE, AND AGGREGATE LIABILITY OF NOCTRIX AND THE NOCTRIX REPRESENTATIVES (TO THE EXTENT APPLICABLE) SHALL BE THE TOTAL AMOUNT PAID BY YOU TO NOCTRIX FOR THE SIX (6) MONTH PERIOD IN WHICH THE CLAIM AROSE OR $250, WHICHEVER IS HIGHER. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

8. INDEMNIFICATION

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, YOU SHALL DEFEND, INDEMNIFY, AND HOLD NOCTRIX AND THE NOCTRIX REPRESENTATIVES HARMLESS FROM ANY LIABILITY, OBLIGATIONS, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, COSTS, AND EXPENSES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RESULTING FROM OR IS IN ANY WAY ATTRIBUTABLE TO, IN WHOLE OR IN PART, (I) YOUR ACCESS TO AND USE OF ANY NOCTRIX DEVICE OR ANY PORTION OF THE APP OR THE DATA GENERATED BY THE APP, (II) YOUR BREACH OF THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE NOTICE OF PRIVACY PRACTICES AND ANY OTHER APPLICABLE POLICIES OR PROCEDURES GOVERNING YOUR ACCESS TO AND/OR USE OF THE APP, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, REGULATION, ORDER OR ORDINANCE, (IV) YOUR VIOLATION OF ANY THIRD-PARTY'S RIGHTS OR PRIVILEGES, (V) ANY DISPUTE BETWEEN YOU AND ANY THIRD-PARTY, (VI) ANY ACT OR OMISSION COMMITTED BY YOU, (IV) THE INACCURACY OR INCOMPLETENESS OF ANY DATA THAT YOU PROVIDE TO NOCTRIX, OR (V) YOUR INTERACTION, IF ANY, WITH ANY NOCTRIX REPRESENTATIVES OR OTHER USERS OF THE APP.

9. NOTICE TO CALIFORNIA RESIDENTS

Specific reference is made to the California Consumer Privacy Act of 2018 (the "CCPA"). California residents should carefully access and review the Notice of Privacy Practices and supplemental CCPA notice closely to understand their specific rights regarding their personal information and how to exercise such rights. When you check the "I consent to" button below, to the extent you are a California resident, you (i) represent and warrant that you have received, reviewed, consent to, and agree to be bound by the Notice of Privacy Practices including, without limitation, the supplemental CCPA notice; and (iii) agree that such action has the same force and effect as a physical signature.

10. SMS TERMS & CONDITIONS

By creating an account on the App or otherwise providing your phone number, you expressly consent to receive SMS text messages from Noctrix at the number you provide. These messages may include service-related notifications, account updates, and promotional content. Message and data rates may apply, and you are responsible for any such charges. You may opt out of receiving promotional text messages at any time by following the instructions provided in those messages. Opting out of promotional messages will not affect your receipt of important service-related communications.

We do not share, sell, rent, or trade personal information including SMS consent and phone numbers with third parties or their affiliates for their commercial or marketing purposes.

11. MISCELLANEOUS

Noctrix reserves the right to modify these Terms of Use at any time and for any or no reason and without notice of such modifications. Noctrix may expand the scope of the App to, among other things, add features or make improvements. If such changes are made, these Terms of Use will govern any such changes until any such modifications take effect.

The App may contain links to third-party websites or services. Such third-party websites or services are not controlled by Noctrix, and as a result, Noctrix is not responsible for your use or investigation of such third-party websites or services. You are expressly prohibited from linking your data to any other third-party website without the prior written consent of Noctrix, which may be withheld in its sole discretion.

You acknowledge that the App provided by Noctrix may rely on third-party providers. Noctrix shall not be obligated to do anything or otherwise be responsible for anything outside of its control including, without limitation, difficulties or impossibilities resulting from, arising out of, or relating to weather conditions, acts of God, acts of war, terrorism, riots, civil disorder, insurrection, rebellion, quarantines, pandemics, endemics, tariffs, embargoes, law or regulation changes, labor strikes, network or internet outages, or unauthorized security breaches by third parties. You may not assign your rights or obligations under these Terms of Use without Noctrix's prior written consent, which may be withheld in its sole discretion. Any unauthorized assignment or attempted assignment in violation of these Terms of Use shall be null and void.

Noctrix may assign these Terms of Use at any time for any or no reason without notice to you and without your consent. No waiver of any terms, conditions, or any breaches or defaults thereof, may be made without a writing signed by an authorized Noctrix representative. Noctrix's waiver, if any, will not include any waiver of a subsequent breach or default by you. Use of section headers is for convenience only and does not impact the interpretation of these Terms of Use. If any portion of these Terms of Use are held to be unenforceable, the unenforceable part will be given effect to the maximum extent possible, and the remaining parts will remain in full force and effect. Sections 3-8 and 10 herein, along with the Notice of Privacy Practices and any supplements thereto, shall survive the expiration or termination of these Terms of Use.

To the fullest extent permitted by law, these Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law principles. YOU AGREE TO SUBMIT ALL DISPUTES ARISING OUT OF THE TERMS, CONDITIONS, ENFORCEMENT OR INTERPRETATION OF THESE TERMS OF USE (INCLUDING, WITHOUT LIMITATION, THE NOTICE OF PRIVACY PRACTICES AND ANY OTHER DOCUMENTS, REQUIREMENTS OR TERMS INCORPORATED HEREIN) TO BINDING ARBITRATION IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). ALL PROCEEDINGS SHALL BE BROUGHT IN SANTA CLARA COUNTY, CALIFORNIA BEFORE A SINGLE ARBITRATOR (ONE ARBITRATOR, NOT A PANEL). ALL DECISIONS RESPECTING THE ARBITRABILITY OF ANY DISPUTE SHALL BE DECIDED BY THE ARBITRATOR. IF ANY PARTY COMMENCES LITIGATION IN VIOLATION OF THIS SECTION, THAT PARTY SHALL REIMBURSE THE OTHER PARTIES TO THE LITIGATION FOR THEIR COSTS, EXPENSES, AND ATTORNEY'S FEES INCURRED IN SEEKING ABATEMENT OF SUCH LITIGATION AND ENFORCEMENT OF ARBITRATION. ALL MEDIATION AND ARBITRATION FEES AND EXPENSES ARE SUBJECT TO BEING AWARDED BY THE ARBITRATOR TO THE PREVAILING PARTY, TO THE SAME EXTENT THAT COURT COSTS MAY BE AWARDED UNDER APPLICABLE LAW. THE ARBITRATION AWARD OR DECISION IS FINAL AND MAY BE CONFIRMED, ENTERED AND ENFORCED AS A JUDGMENT IN A COURT HAVING JURISDICTION, SUBJECT TO APPEAL ONLY IN THE EVENT OF THE ARBITRATOR'S MANIFEST DISREGARD OF THE LAW, NO EVIDENCE TO SUPPORT THE AWARD, OR SUCH OTHER GROUNDS FOR APPEAL OF ARBITRATION AWARDS THAT EXIST BY STATUTE, COMMON LAW, REGULATION, OR THE APPLICABLE RULES OF THE ADMINISTRATOR. IN ANY ARBITRATION PROCEEDING, ALL PROVISIONS AND LIMITATIONS OF THIS AGREEMENT SHALL BE GIVEN FULL FORCE AND EFFECT. IN ADDITION, APPLICABLE FEDERAL AND STATE LAW SHALL APPLY; ALL APPLICABLE CLAIMS, CAUSES OF ACTION, REMEDIES AND DEFENSES AS AVAILABLE IN COURT SHALL APPLY AS DEFINED OR LIMITED IN THIS AGREEMENT; THE PARTIES SHALL BE ENTITLED TO CONDUCT REASONABLE AND NECESSARY DISCOVERY AS AGREED TO BY THE PARTIES OR AS ALLOWED BY THE AAA; THE ARBITRATOR SHALL RENDER A WRITTEN AWARD AND, IF REQUESTED BY ANY PARTY, A REASONED AWARD; AND THE ARBITRATOR SHALL HAVE THE RIGHT TO APPORTION THE COST OF ANY EXPENSES IN AN EQUITABLE MANNER IN THE ARBITRATION AWARD. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULTS OF ANY ARBITRATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BUYER AND SELLER.

By using the App, you consent to receiving notices from Noctrix in electronic format. Any such notices, agreements, disclosures, or other communications sent to you in electronic format will satisfy the legal communication requirements, if any, including that such communications be in writing. The notices sent to you shall be deemed received and effective when sent to the email address provided by you. You agree to keep your email address updated in the App and in your Noctrix account. Noctrix is not responsible for the timeliness or final delivery of any electronic messages that are not received for reasons outside of its control.

The following applies to any application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):

Any notice, demand or communication required or permitted under these Terms of Use shall be in writing and delivered personally or by reputable overnight delivery service or other courier (unless delivered electronically via electronic mail with delivery and read receipt requested), and shall be deemed to have been duly given as of the date and time reflected on the delivery receipt, addressed as follows:

Noctrix Health, Inc.
6700 Koll Center Pkwy Suite 310
Pleasanton, CA 94566
billing@noctrixhealth.com
For general inquiries, you may contact Noctrix by calling the following number: (866) 327-3757

Privacy Policy

Effective date: July 1, 2024

Introduction

Noctrix Health, Inc. ("Noctrix", "we", "us" or "our) conducts business within the United States. We understand the importance of privacy to our customers, visitors, suppliers, business partners, employees, and other individuals ("you", the "user", or "data subject"). We are committed to protecting and respecting your privacy.

This Noctrix privacy policy ("Policy") applies only to information collected through the website on which it is posted ("Site") as well as any other applications (apps), events, newsletters, communications, or services provided by or on behalf of Noctrix that link or reference this Policy ("Services"). It does not apply to third-party platforms or to other Noctrix-operated websites or other Noctrix-operated platforms where it is not linked or referenced. This Policy may be supplemented or amended from time to time by additional privacy notices ("Privacy Notices"), provided at the time we collect your information. For example, certain pages of this Site may contain Privacy Notices providing more details about the information we collect on those pages, why we need that information, and choices you may have about the ways we use that information. In other cases, specific Privacy Notices may be required to comply with the privacy laws of one of the countries, provinces, or states in which we do business.

Some of the information we collect through this Site or using our Services may be "Personal Data" as defined below. Among other things, this Policy describes:

If you have a disability, you may request access to this Policy in an alternative format by contacting info@noctrixhealth.com.

Where any of your Personal Data is processed based on your consent, you may revoke your consent to the collection, use, disclosure, and transfer of your information as described in this Policy (and any Privacy Notices that apply to you) by contacting us directly at info@noctrixhealth.com.

Complete agreement for use of the Site

This Policy is part of the Terms of Use that govern your use of this Site. A link to our Terms of Use is provided at the bottom of each page of this Site.

Except as written in any other disclaimers, policies, or other notices on this Site, this Policy and the Terms of Use are the complete agreement between you and Noctrix with respect to your use of this Site. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use. There may be additional terms that apply to particular materials on or sections of this Site.

Changes to this Policy

Noctrix reserves the right to update or modify this Policy and any Privacy Notice, at any time and without prior notice, by posting the revised version of the Policy or Privacy Notice on this Site. These changes will only apply to the information we collect after we have posted the revised Policy or Privacy Notice on this Site.

What is Personal Data?

Personal Data means any information relating to an identified or identifiable natural person ("Data Subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

How do we collect your Personal Data?

How we collect Personal Data will depend upon the nature of your dealings with us. We collect and use non-Personal Data differently from Personal Data. Whenever it is reasonable and practical to do so, we will collect your Personal Data directly from you. We may also collect Personal Data from third parties, including in the course of providing products to you such as from our distributors, your healthcare practitioners, your caregiver/family member, guardian, publicly available information and databases supplied by third parties.

If you are one of our suppliers, distributors or a healthcare professional that uses our products, your Personal Data may be collected from you, your employer, other employees, or third parties. Similarly, if you are a prospective employee, we may collect information through third parties such as recruiters.

If you choose not to provide some Personal Data to us, this may affect our ability to provide products or services to you.

Information We Collect

Generally, Personal Data we collect may include but is not limited to:

Product User Data

If you are a someone who uses our products including clinical trial participants: we may collect additional specific information about your use of our products and you, such as your gender, date of birth, your medical history and conditions, treatment, device information, family and social history, medical inquiries you or your physician make, and adverse events you report. We may receive some of this information from third parties, such as our distributors or your health care professional. Some of this information may be, but is not always, anonymized, or de-identified. If you are a clinical trial participant, your information will be used in accordance with the informed consent and applicable law.

Suppliers, Customers or Other External Stakeholder Data

If you are a supplier, customer, distributor, or a healthcare professional: we may collect additional specific information including information about your professional details, practice specialty and areas of interest, membership of professional associations, product usage and your dealings with us.

Employees, Contractors and Applicants

If you are an employee, contractor, or applicant: we may collect additional specific information including your gender, date of birth, contact details, information collected in our employment records, including tax file number, job application, reference checks, curriculum vitae/resume, records of training, documentation of performance appraisals and disciplinary matters, employment terms, and medical condition or history. We may receive some of this information from third parties such as recruiters or from reference checks.

Personal Data You Manually Provide through this Site

Noctrix collects the information you manually provide (e.g., using your keyboard, mouse, or touchscreen) when you use this Site. For example, we collect the information you provide if you choose to complete a pre-screening questionnaire entitled, "Am I a Candidate?" or similar questionnaire, contact us with questions, or otherwise interact with this Site. Some of the information you may choose to manually provide will be Personal Data including but not limited to:

For the Personal Data that you manually provide through this Site, we will use your Personal Data in accordance with the authorization that you complete when you provide your Personal Data to us.

Information Automatically Collected through this Site

Noctrix collects information through this Site by using cookies and other tracking technologies to analyze performance and traffic on our Site and to collect information about your use of this Site including pertaining to viewing content related to health conditions, your IP address, session statistics, or your browser and device information (collectively, "information"). If you provide your authorization or consent, we share this information with third-party companies to enhance your web experience and services while using our website. We will not share this information with third-party analytics companies without your authorization.

Our Legal Basis for Processing Personal Data

We may process your Personal Data for a legitimate legal basis (e.g., To fulfill our obligations to you under a contract). If you purchase a product from us, we may process your personal data in order to fulfill our contract with you.

As required by law. Where we are required to comply with our legal obligations, or to establish and defend our legal rights, or to prevent and detect crimes such as fraud.

How We Use Your Information

Collected through this Site

We may use the information we collect through this Site for various purposes, including but not limited to:

Collected through our Services

Generally, the purpose for which we collect Personal Data will be apparent from the way in which we collect it or will be disclosed before or at the time of collection. We may use your information, including Personal Data to:

How We Share Your Information

Our headquarters are in the United States. We may have offices, use service providers, and have distributors in other jurisdictions and may disclose your information to other companies in our corporate group, or to databases or servers overseas which may be provided to us by our third-party service providers. As a result, your Personal Data may sometimes be shared with others and transferred and processed outside of your home country. We may share your Personal Data with:

We will not sell, share, or otherwise distribute Personal Data about you to any person, except as provided in this Policy and in accordance with applicable law and regulation. The circumstances in which we may disclose that information include where:

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the stated categories in this privacy policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. End users can opt out of receiving further messages by replying STOP or ask for more information by replying HELP. Message frequency may vary. Message and data rates may apply.

How We Protect your Information

Noctrix takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect. Although we seek to use reasonable measures to help protect your information against unauthorized use or disclosure, we cannot guarantee the security of information provided over the Internet or stored electronically, whether by us or a third party.

Transfer and Storage of your Personal Data

Noctrix is headquartered and conducts its business operations in the United States. As such, if you are located in another country, we may store, collect, transfer, and process your Personal Data outside of your country of residence. By using this Site or otherwise providing your information to Noctrix, you acknowledge and agree that your information will be handled in accordance with this Policy and the laws of the United States and may no longer be subject to the laws of your country.

Retention of Your Information

We will always keep Personal Data for the period required to comply with applicable laws, regulations, guidance, codes of conduct, product approvals, license requirements, ethical and safety requirements. We may also maintain your information as required to comply with any contract to which we are a party. Otherwise, we keep your Personal Data for as long as Noctrix has legitimate business purposes such as to provide you with access to product and longer to assist us in best addressing any safety matters that may arise with respect to our products, or, where you have contacted us with a question or request, for as long as necessary to allow us to respond to your question or request.

Children's Privacy

This Website is not targeted to children under the age of 18 and we do not knowingly collect or solicit Personal Data about such children. If we discover that a child has provided us with Personal Data online through this Website, we will delete this information as quickly as possible. If you believe we may have received Personal Data from a child under the age of 18, please contact us immediately.

Your Rights

You may revoke your consent for the receipt of communication that we send to you at any time by using the "unsubscribe" functionality included in our emails to you or by contacting us directly at info@notrixhealth.com.

You should note that this will not affect all communications from us, for example, we are legally required to provide notices such as notification of a data breach in which case you should expect to receive a notification via email. It is important that the Personal Data we hold about you is accurate and current. Please let us know if your Personal Data changes.

You may make a request to access, confirm processing, correct, or delete your Personal Data or otherwise object to our processing of such Personal Data by contacting us directly. We will respond to reasonable requests in accordance with applicable law and subject to legal and contractual restrictions. We will not discriminate against you for exercising these rights.

There may be times where we cannot comply with your request. For example, if such disclosure would interfere with the privacy of others or if it would result in a breach of confidentiality. We will provide an explanation for our refusal to grant access.

California residents, please also see the respective Privacy Addendum.

Links to Other Websites

This Policy applies only to the Noctrix-operated websites on which it is posted. Noctrix and its affiliates may operate different websites for different purposes and in different countries, where different laws may apply. If you visit another Noctrix website, please take a moment to review the privacy policy posted on that site to learn what information may be collected through that site and how it is processed. This Site may also contain links to websites that are not operated by or on behalf of Noctrix or its affiliates. These links are provided for your reference and convenience only and do not imply any endorsement of the products sold or information provided through these websites, nor any association with their operators. Noctrix does not control these websites and is not responsible for their data practices. Any information you provide to third parties on their websites is covered under their privacy and data collection policies and is not covered by this Policy. We urge you to review the privacy policy posted on any site you visit before using the site or providing any Personal Data.

Contact Us

If you have any questions regarding this Policy or about our privacy practices, or need to contact us for purposes related to this Policy, please contact us on the below details:

Email: info@noctrixhealth.com
Mail: Noctrix Health, Inc.
6700 Koll Center Pkwy
Suite 310
Pleasanton, CA 94566

Addendum: California Residents Privacy Notice

Effective July 1, 2024

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Site does not respond to Do Not Track ("DNT") signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.

California's Shine the Light law

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us using the contact information provided in this Policy.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, you can contact us using the contact information provided in this Policy and include the email address associated with your account.

Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Important Safety Information

Contraindications

The Nidra TOMAC System is contraindicated for use in patients with the following:

Potential Complications

There is a potential for the following side effects, which are typically mild to moderate and resolve over time:

This list is not all inclusive. Please refer to the Instructions for Use for all of the important warnings and precautions before using or prescribing this product.