Terms of Service

SoundHealth Terms of Service

LAST UPDATED: FEBRUARY 1, 2023

Welcome, and thank you for your interest in Sound Health Systems, Inc. (“SoundHealth,” “we,” or “us”) and our website at https://soundhealth.life/ (the “Site”), our SONU App (a mobile application provided by us and used to deliver SONU-related Services), and any and all related websites, networks, embeddable widgets, downloadable software, mobile applications including without limitation the SONU App (collectively, “Software” or “App”), and other services, information, materials, devices and products we provide to you (each individually or collectively referred to herein as a “Service”).

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING SOUNDHEALTH’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND SOUNDHEALTH’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY SOUNDHEALTH AND BY YOU TO BE BOUND BY THESE TERMS.

YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF SOUNDHEALTH AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE SERVICE-RELATED INFORMATION AND UPDATES. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

Overview. The Site provides information about SoundHealth, our technology, and the ability to purchase our products (including the SONU device). SoundHealth is a medical technology company focused on developing acoustic resonance therapy. SONU has been authorized by the U.S. Food and Drug Administration (“FDA”) as a De Novo over-the-counter external mechanical stimulator intended for the relief of congestion and is indicated for use by adults aged 22 years old or older. SONU is only available for sale in the United States.

No Medical Advice. SOUNDHEALTH DOES NOT PROVIDE MEDICAL ADVICE. The information made available through the Site is not a substitute for any professional medical advice. We may provide certain medical equipment (e.g., SONU devices), which are for your personal use only and not for resale. Healthcare professionals should exercise their own professional judgment when using our Site. The information or content provided on our Site, including information about our company, technology, research and development, is for general informational purposes only. While we attempt to keep all the information related to the Services up-to-date, information can change quickly, and the information that you find on our Services should not be considered error-free or as a comprehensive source of all information on a particular topic. We do not warrant that any Site Content (defined below) is accurate, complete or useful to you. Any reliance you place on Site Content is strictly at your own risk. We assume no responsibility for any consequences relating directly or indirectly to any action or inaction you may take based upon the information or materials on our Services, including any information received from your doctor.

USE OF OUR SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP. No information contained on the Site is intended to be used for medical diagnosis or treatment. You acknowledge and agree that none of the information or content provided through or on any Site has the ability to diagnose, prescribe, or perform any tasks that constitute the practice of medicine.

IN THE CASE OF A HEALTH EMERGENCY, SEEK IMMEDIATE ASSISTANCE FROM A HEALTHCARE PROFESSIONAL. If you are a patient or a healthcare consumer, you should not use any information found on our Site to replace your relationship with your healthcare professional, and you should not rely on any such information as professional medical advice. If you have any questions regarding your health or a medical condition, including whether a product or solution is appropriate for you or the result of using any product described on our Site, you should always seek the advice of your physician or other qualified healthcare professional.

Features and specifications of any products or services described or depicted on our Site are subject to change at any time without notice. Your use of any of the products or services described on our Site is subject to additional disclaimers and terms and conditions that accompany each product.

License. SoundHealth grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Services, (2) access and view Site Content, (3) access and use the software and mobile applications provided by the Service, and (4) use the software that is embedded in the SONU as authorized in these Terms.

Eligibility.

You must be at least 18 years of age to use the Site, and 22 years of age or older to use the SONU device. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 22 years of age (if you are using the Services); and (b) your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. Your use of the SONU device and App is subject to these Terms. You may also sign up, via the App, to receive text messages from us related to the Service. Using the Service requires appropriate operating systems and hardware, which you are responsible for providing and maintaining.

Term, Termination

These Terms are effective beginning when you accept the Terms or first access or use the Services, and end when terminated as described herein. If you violate any provision of these Terms, then your authorization to access the Services and these Terms automatically terminate. In addition, SoundHealth may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at support@soundhealth.life. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your account or the Services; and (c) all Sections that by their nature should survive will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from enrolling or accessing the Services using a different name, email address or other forms of account verification. Additionally, you will no longer be able to access or use the Services with your SONU device.

Changes to the Terms.

We may periodically make changes to these Terms. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Services after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

User Account.

Full use of the Services requires that you create an account. You are responsible for all activity that occurs in association with your account. SoundHealth is not liable for any loss or damages caused by your failure to maintain the confidentiality of your credentials. Please contact Customer Support if you discover or suspect any security breach related to the Service or your account. Please review our Privacy Policy for details concerning our use of your personal information.

E-Commerce.

The Site may allow you to purchase SoundHealth’s devices. Any devices purchased through the Site will be subject to a separate purchase and sale agreement. Before you purchase any devices o from the Site, you will have an opportunity to review and accept the fees that you will be charged. SoundHealth (or its third-party payment processor) will charge the method you specify at the time of purchase. You authorize SoundHealth (or its third-party payment processor) to charge all fees for the SONU device(s) you select to your payment method. If you pay any fees with a credit card, SoundHealth (or its third-party payment processor) may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Product Warranty; Return Policy.

Any applicable warranty for the SONU device and any related return policy can be found here.

Changes to the Services.

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Restrictions.

You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Services or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Services; (d) use the Services or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Services; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Services; (g) use the Services in a manner that threatens the integrity, performance, or availability of the Services; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services or Site Content.

Ownership.

The Services are owned and operated by Sound Health Systems, Inc. We or our licensors retain all right, title, and interest in and to the Services and Site Content and any trademarks, logos, or service marks displayed in the Services or in Site Content (“Marks”). The Services, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by SoundHealth, you may not make use of the Services, Site Content, and Marks.

Privacy Policy.

You retain all rights to any patient data that you post to, or we collect through your use of the Services (“Patient Data”). Please read the SoundHealth Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your Patient Data. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. By making Patient Data available on or through the Services, you hereby grant SoundHealth a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, transmit and process your Patient Data in order to provide the Services.

Links and Third-Party Content.

The Services may contain links to third party products, services, and websites. We exercise no control over the third-party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party products, services, and websites.

Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Site.

Feedback.

SoundHealth may provide you with a mechanism to provide feedback, suggestions, and ideas about the Services or us (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Services. You hereby grant us an unrestricted, perpetual, worldwide, fully transferable, irrevocable, royalty-free right to exploit the Feedback in any manner for any purpose.

Disclaimer of Warranties.

YOUR USE OF THE SERVICES AND SITE IS AT YOUR SOLE RISK. THE SERVICES AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOUNDHEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES OBTAINED THROUGH THE SITE, AND YOU RELY ON THE SERVICES AND SITE AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOUNDHEALTH OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. HOWEVER, SOUNDHEALTH DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SOUNDHEALTH IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

OUR SERVICE AND INFORMATION PROVIDED VIA THE SERVICE IS NOT INTENDED NOR DO THEY HAVE THE ABILITY TO DIAGNOSE, PRESCRIBE, OR PERFORM ANY TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE.

Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your face while or after wearing the SONU device, remove your SONU device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the SONU device, consult your doctor.

Limitation of Liability.

SOUNDHEALTH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOUNDHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES AND SITE. UNDER NO CIRCUMSTANCES WILL SOUNDHEALTH’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR SITE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity.

You will indemnify and hold SoundHealth, and affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Services or Site, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

General Terms.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and SoundHealth regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. By using the Site, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Legal Notices.

These Terms are governed by the laws of the state of California without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services will lie in the state and federal courts located in Santa Clara County, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of SoundHealth to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by SoundHealth in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting SoundHealth.

If you have any questions or concerns about the Services or these Terms, you may contact us by email at info@soundhealth.com or write to us at:

Sound Health Systems, Inc.

650B Fremont Avenue #363

Los Altos, California, USA 94024

Notice Regarding Apple.

This Section only applies to the extent you are using the SONU App on an iOS device. You acknowledge that these Terms are between you and SoundHealth only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Dispute Resolution and Arbitration.

Generally. Except as described in Exceptions and Opt-Out, you and SoundHealth agree that every dispute arising in connection with these Terms will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms by sending a letter to Sound Health Systems, Inc. Attention: Legal Department – Arbitration Opt-Out, 650B Fremont Avenue #363, Los Altos, California, 94024 that specifies: your full legal name, the email address associated with your account on the Site, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section will be void and any action arising out of these Terms will be resolved as set forth in the Governing Law Section. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting SoundHealth.

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). SoundHealth’s address for Notice is: SoundHealth Systems, Inc., 650B Fremont Avenue #363, Los Altos, California, 94024. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or SoundHealth may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, SoundHealth will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if SoundHealth has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence/billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence/billing address. During the arbitration, the amount of any settlement offer made by you or SoundHealth must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief. Except as provided below, the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by SoundHealth before an arbitrator was selected, SoundHealth will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions. YOU AND SOUNDHEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SoundHealth agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision. If SoundHealth makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to SoundHealth’s address for Notice of Arbitration, in which case your account with SoundHealth will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability. If the “No Class Actions” provision or the entirety of this Dispute Resolution and Arbitration provision is found to be unenforceable, or if SoundHealth receives an Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in the Governing Law provision will govern any action arising out of or related to these Terms.