Effective Date: January 1, 2025
This Privacy Policy outlines how Neuromonics ("we", "us", or "our") collects, uses, discloses, and safeguards your information when you use our application (the "App").
Acceptance of Terms
Company Information
Neuromonics, Inc., owned by SoundVida, Inc. ("Neuromonics," "SoundVida," "us," or "we"), provides content and products via www.neuromonics.com (the “Website”), our applications (the “Apps”), or other delivery methods (collectively, the “Product”). SoundVida, Inc. is the owner of the Neuromonics App, the Neuromonics trademark, patents, and all intellectual property associated with Neuromonics.
Neuromonics, in partnership with its affiliated medical providers and partners, may deliver audiology services, coaching services, psychotherapy services (i.e., therapy), and psychiatry services (collectively, the “Services”) using the Product or via other delivery methods, as applicable. For purposes of clarity, the Services are provided by licensed clinicians and coaches employed by or contracted with our affiliated medical providers (the “Providers”). Neuromonics is not a provider of healthcare or mental health services; rather, Neuromonics offers a technology platform through which the Providers provide telehealth services.
Note: Throughout these Terms, any reference to "Neuromonics" includes SoundVida, Inc., the owner of the Neuromonics App, trademark, patents, and all intellectual property.
Medical Emergency Disclaimer
IMPORTANT: The Products and Services are not intended for use in medical emergencies. If you are in the United States and are experiencing thoughts of suicide or self-harm, please call or text 988, the Suicide and Crisis Lifeline. If you are experiencing a medical or mental health emergency, please call 911 or go to the nearest emergency room. Do not attempt to access emergency care through the Products and Services. If you are located outside of the United States, please contact your local emergency services.
Breathing Exercises:
There have been rare reports that people with certain mental health conditions such as anxiety and depression have experienced worsening conditions in conjunction with intensive breathing practice. People with existing mental health conditions should speak with their healthcare providers before starting a breathing practice.
We assume no responsibility for injuries suffered while practicing these techniques, and SoundVida, Inc. and Neuromonics shall not be held liable for any damages, circumstances, conditions, or injuries that may occur, directly or indirectly, from engaging in any activities or ideas presented in any application made by SoundVida, Inc. and Neuromonics. By using the Neuromonics App, you accept all responsibility for your physical and mental health and any resultant injury or mishap that may affect your well-being in any way.
Do not use the breathing exercises while driving, in water, or performing other tasks that require attention and concentration. You understand that you are solely responsible for your use of the Services. We assume no responsibility for injuries suffered while practicing the techniques presented in the Services.
Arbitration Notice
Please note that these Terms contain an arbitration clause (see Section 14). Except for certain types of disputes mentioned in the arbitration clause, you and Neuromonics (including SoundVida, Inc.) agree that disputes relating to these Terms or your use of the Products and Services will be resolved by mandatory binding arbitration, and you waive any right to participate in a class action lawsuit or class-wide arbitration.
What You're Signing Up For
6.1 Products and Services
Products include, without limitation, tinnitus treatment, breathing exercises, meditation, and mindfulness content aimed at tinnitus habituation, stress reduction, sleep improvement. Services include, without limitation, mental health support through audiology, coaching, therapy, and psychiatry. If you elect to access and receive the Services, your care may be provided by audiologists, otolaryngologists (ENT specialists), mental health coaches, and licensed healthcare providers.
6.2 General Rules for Use or Access
(a)Acceptance of Terms: By ordering ("Order") any Products or Services, or otherwise accessing or using them, you agree to be bound by these Terms and all applicable laws, rules, regulations, judicial orders, executive orders, or similar binding legal instruments ("Applicable Law"). You may also be asked to click "I agree" prior to your purchase or access.
(b)Entire Agreement: These Terms and any applicable Order constitute the entire agreement between you and us (Neuromonics, including SoundVida, Inc.) for the supply of the Products and Services, unless expressly stated otherwise. Additional terms may apply for certain Products or Services; where such terms are inconsistent with these Terms, the additional terms will control.
(c)Accuracy of Information: Please ensure that all details in these Terms and on any applicable Order are complete and accurate before using or purchasing the Products or Services. If you believe there is a mistake, please contact us at help@neuromonics.com. We only accept responsibility for statements and representations made in writing by an authorized representative of Neuromonics.
(d)Technical Requirements: Use of the Products and Services requires a compatible Device, internet access, and certain software. Maintenance and security of your equipment may affect the performance of the Products and Services. You are responsible for ensuring your equipment meets the necessary requirements and for all internet access charges.
6.3 Changes to Terms
Neuromonics reserves the right to modify these Terms or any of our policies at any time. If changes materially affect your rights or obligations, we may notify you and require you to accept the modified Terms to continue using the Products or Services. Your continued use signifies your acceptance of the updated Terms.
Joining the Neuromonics Community
7.1 Becoming a Member
(a)Registration: To access the Products or Services, you must register as a user ("Member") through our Website, Apps, or certain third-party social networking services. You must provide accurate and up-to-date personal information ("User Information").
(b)Eligibility: By registering, you warrant that:
You are legally capable of entering into binding contracts.
All User Information you submit is truthful, accurate, and up-to-date.
You will maintain the accuracy of such information.
Your use does not violate any Applicable Law.
(c)Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You may not register for more than one Member account. In order to access or use certain Products or Services or other special offerings, you may be required to agree to additional terms and conditions or policies; those additional terms or policies are hereby incorporated into these Terms. Where such terms or policies are inconsistent with these Terms, the additional terms or policies will control.
(d)Non-Transferability: Member accounts and Subscriptions (as defined below) are not transferable. You agree not to sell, transfer, or exchange Member accounts or Subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or Free Trials (as defined below) or Subscriptions.
7.2 Children
Our Products and Services are intended for individuals at least 18 years old. Limited exceptions may apply for users aged 13-17 in the U.S., who may access certain offerings with verifiable parental or guardian consent. Please refer to materials specific to such offerings for more information.
7.3 Subscriptions and Purchases
(a)Free Trials: You may have access to a free trial period for certain Products ("Free Trial"). You are only allowed one Free Trial regardless of your subscription method. Eligibility for Free Trials is at our discretion, and they automatically convert to a paid subscription unless canceled as per Section 8.
(b)Automatically Renewing Subscriptions: Access to the Products or Services may require a fee-based subscription ("Subscription"). Subscriptions may be available via monthly or annual options ("Subscription Term"). Subscriptions are automatically renewing and charged periodically ("Subscription Fee") to your provided payment method ("Payment Method") until canceled.
(c)Subscription Cancellation: You may cancel your Subscription at any time before it renews to avoid billing for the next period. See Section 8 for more details.
(d)No Refunds on Subscriptions: Refunds are not provided for partial Subscription terms. Neuromonics will bill the periodic Subscription Fee to the Payment Method you provide during registration (or to a different payment method if you change your payment information).
(e)Subscription Methods: You may subscribe via our Website, Apps, a Benefit Sponsor (as defined in Section 7.5), or bundled subscription partners. Additional terms may apply based on your subscription method.
(f)Gift Subscriptions: Gift Subscriptions are prepaid memberships. Once purchased, the Giftor will receive an Order confirmation and receipt. The Gift Subscription will be sent to the Recipient on the Giftor's specified date with a gifting code to redeem the Gift Subscription. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold, or combined with any other offers unless expressly stated otherwise.
(g)Purchases: Some Products or Services may be accessed by paying a non-recurring fee ("Purchase"). Purchases are final and non-refundable.
(h)Discounts: Special discount pricing options may be available to qualified users. Additional terms may apply.(i)Payment Terms: You are responsible for all applicable fees and charges, including taxes, unless otherwise stated in your Benefit Sponsor terms and conditions or otherwise agreed in writing. We reserve the right to change our fees and will notify you of any changes.
7.4 Payment Terms
(a)Fees: Your use of the Products and Services may require payment of fees. Prices may vary based on several factors, including your employer, healthcare provider, health plan, or other Benefit Sponsor's agreement with us.
(b)Payment Method: You authorize Neuromonics or a third-party payment processor to charge all fees to your Payment Method.
(c)Updated Payment Information: In the course of your use of the Products or Services, Neuromonics and its third-party payment processor may receive and use updated credit card information from your credit card issuer to prevent your Subscription from being interrupted by an outdated or invalid card.
7.5 Benefit Sponsors
Benefit Sponsors (e.g., employers, healthcare providers, health plans, universities, government entities, municipalities, or hospitals) may introduce the Products and Services to their employees, eligible dependents, and members. In some cases, our Benefit Sponsors may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage, or supplementary payment for access to Products and Services. In such events, the Benefit Sponsor terms and conditions will also apply to your use of the Products and Services. In the event of any conflict with such additional terms and these Terms, the additional terms will prevail.
7.6 Changing Fees and Charges
We reserve the right to change our subscription fees, plans, or adjust pricing for our Products and Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
Canceling Membership
8.1 Cancellation by Us
We may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. If we terminate your account, you may receive a pro-rata refund of fees that you prepaid for the Services. Your access to the Products or Services may be terminated if the relationship between Neuromonics (including SoundVida, Inc.) and your employer or provider terminates or expires, or if your relationship with your employer or provider ends.
8.2 Cancellation by You
(a)How to Cancel: You may cancel your Subscription at any time. Cancellation of a monthly Subscription is effective at the end of the applicable monthly period, and cancellation of an annual Subscription is effective at the end of the applicable annual period. Please make any such cancellation by visiting here or emailing help@neuromonics.com.
(b)Third-Party Purchases: If you purchased a Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by canceling automatic renewal of paid In-App Subscriptions in your iTunes Account settings. If you purchased through the Google Play Store, you may cancel automatic renewals in account settings under Subscriptions in the Google Play app.
8.3 Cancellation Fees
Some features of the Products and Services are subject to certain cancellation fees, as disclosed via the Products and Services. For example, such cancellation fees may be owed if you miss a scheduled therapy or psychiatry session and fail to provide the required advanced notice.
Prohibited Use of the Products and Services
By using the Products and Services, you agree not to:
Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Products or Services.
Record the Services, including any coaching, therapy, or psychiatry session.
Use the Products or Services for any unlawful purpose.
Transmit any harmful code or viruses.
Attempt to gain unauthorized access to our systems.
Interfere with the security or integrity of the Products and Services.
Violate any third-party right, including any intellectual property right.
Engage in offensive or harmful conduct, including bullying, harassing, or using hate speech.
Use the Products or Services for any commercial purposes without obtaining a written license from us.
Rent, lease, loan, make available to the public, sell, or distribute the Products or Services.
Use the Products or Services for any purposes related to scientific research without our express written consent.
Intellectual Property Rights
10.1 Copyright
(a)Ownership: All materials (including but not limited to software and content whether downloaded or not) contained in the Products and Services ("Materials") are owned by Neuromonics (including SoundVida, Inc.) or our affiliates and/or third-party licensors, where applicable.
(b)Restrictions: You may not copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials in the Products or Services without our prior written consent.
(c)Termination: Unauthorized use immediately and automatically terminates your right to use the Products and Services and may subject you to legal liability.
10.2 Trademarks
Neuromonics®, the Neuromonics logo, and all other Neuromonics product or service marks are trademarks of Neuromonics (including SoundVida, Inc.). All intellectual property, trademarks, logos, images, product, and company names displayed or referred to on or in the Products and Services are the property of their respective owners.
Availability of Products and Services
Although we aim to offer you the best service possible, we make no promise that the Products and Services will meet your requirements and cannot guarantee they will be fault-free. If a fault occurs, please report it to help@neuromonics.com, and we will review your concern.
Access to the Products and Services may be occasionally restricted to allow for repairs, maintenance, or the introduction of new services or products. We will restore the Products and Services as soon as we reasonably can.
Assumption of Risk
By using the Products or Services, you acknowledge and accept that:
No Medical Advice: Neuromonics (including SoundVida, Inc.) is not a licensed medical care provider and does not provide medical treatment, advice, or diagnosis.
Consult Professionals: Always seek the advice of qualified healthcare providers with any questions you may have regarding a medical condition.
No Doctor-Patient Relationship: Your use of the Products and Services does not create a doctor-patient relationship between you and Neuromonics.
Warranties and Disclaimers
As Is" Basis: The Products and Services and all materials and content available through them are provided "as is" without warranties of any kind, whether express or implied.
No Medical Advice: Content provided is for informational purposes and is not medical advice. Only your physician or other healthcare provider can provide medical advice.
Limitation of Liability: To the fullest extent permitted by law, Neuromonics (including SoundVida, Inc.) is not liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Products and Services.
Dispute Resolution & Binding Arbitration
Please read this section carefully.
14.1 Jury Trial Waiver
You and Neuromonics (including SoundVida, Inc.) waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Disputes will be resolved by arbitration.
14.2 Class Action Waiver
Disputes will be resolved on an individual basis; class actions are not permitted. If this waiver is deemed invalid or unenforceable, neither you nor Neuromonics are entitled to arbitration; instead, all claims and disputes will be resolved in court as set forth in Section 17.5 below.
14.3 Informal Dispute Resolution
Before initiating arbitration, you agree to try to resolve the dispute informally by contacting us at help@neuromonics.com or at:
SoundVida, Inc.
ATTN: Legal
26565 West Agoura Road, Suite 200
Calabasas, California, 91302
14.4 Arbitration Agreement
All disputes arising out of, relating to, or in connection with these Terms or your use of the Products and Services will be resolved through binding arbitration on an individual basis, except that you and Neuromonics retain the right to bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction.The arbitration will be conducted by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules.
14.5 Opt-Out
You may opt-out of the arbitration agreement by notifying us in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name, mailing address, email address used to set up your Neuromonics account, and an unequivocal statement that you want to opt-out of this arbitration agreement. Send your opt-out notice to:
SoundVida, Inc.
ATTN: Arbitration Opt-out
26565 West Agoura Road, Suite 200
Calabasas, California, 91302
14.6 Arbitration Agreement Survival
This arbitration agreement will survive the termination of your relationship with Neuromonics.
Electronic Communications Consent
By providing us with your phone number and email address, you consent to receive electronic communications from us related to the Products and Services, including marketing and promotional messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You may opt-out at any time by following the instructions provided in the communications.
International Use
If you are located outside of the United States, you may have access to certain Products and Services only. Access to the Products or Services or any features thereof from countries or territories where such access is illegal, banned, or restricted is prohibited.
General Provisions
17.1 Assignment
Neuromonics (including SoundVida, Inc.) may transfer its rights and obligations under these Terms to any company, firm, or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else.
17.2 Indemnity
To the fullest extent permitted by law, you agree to defend and indemnify Neuromonics (including SoundVida, Inc.), your employer, your health plan, or provider (as applicable), and each of their respective officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any claim brought by a third party, and any related liability, damage, loss, and expense arising out of or connected with your unauthorized use of, or misuse of, the Products or Services.
17.3 Limitation of Liability
To the fullest extent permitted by law, the aggregate liability of Neuromonics (including SoundVida, Inc.) to you for all claims arising out of or relating to the use of or any inability to use any portion of the Products and Services is limited to the greater of:•The amount you have paid to Neuromonics for access to and use of the Products and Services in the 12 months prior to the event or circumstance giving rise to the claim; or•$10,000.
17.4 No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
17.5 Governing Law and Exclusive Venue
These Terms are governed by the laws of the State of California, other than its conflict-of-laws principles. Any disputes arising out of or relating to these Terms or the use of the Products and Services will be litigated exclusively in the United States District Court for the Central District of California. If that court lacks original jurisdiction, then all claims will be litigated exclusively in the Superior Court of California, County of Los Angeles. You consent to the personal jurisdiction of both courts.
17.6 Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
17.7 Entire Agreement
These Terms and any additional terms or policies expressly referred to constitute the entire agreement between us and supersede all previous agreements between us relating to the Products and Services.
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Email: help@neuromonics.com
Address:
SoundVida, Inc.
26565 West Agoura Road, Suite 200
Calabasas, California, 91302
By using the Neuromonics Products and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.