Terms of service

Terms of Service

This agreement governs your use of the NOMO support website at www.nomosmartcare.com (the “Website”). For our Privacy Notice, which governs our use of personal information, click here.

This agreement (“Agreement”) is between NOMO Smart Care, LLC (collectively, “we,” “us,” “our,” or “NOMO”), you the user, and, if you are using the Website on behalf of a company or organization, such company or organization. This Agreement and our Privacy Notice may be updated from time to time, so please check back frequently.

Terms of Use

Please read this Agreement carefully. By accessing or using our Website, you agree to be bound by this Agreement and all of its terms without change. Neither NOMO nor its representatives are engaged in rendering legal services or other such advice. Your use of the Website is subject to the additional disclaimers and notices that may appear throughout the Website.

The Website is the property of NOMO and it’s licensors. IF YOU DO NOT AGREE TO THESE USER TERMS, YOU MAY NOT USE THE SITE.

Changes to these Terms

NOMO reserves the right, at its sole discretion, to modify, update, or replace portions of this Agreement at any time. We will post the revised Agreement on the Website and update the “Effective Date” above. Non-material changes, feature enhancements, administrative updates, or legal clarifications take effect immediately upon posting.

In the event of a material change that substantially increases your financial obligations (such as a subscription price increase) or materially reduces the core functionality of the paid Services, we will provide you with at least thirty (30) days’ prior notice by sending an email to the address associated with your account or by posting a prominent notice within the NOMO App or Website. For consumers residing in Quebec, such notice will clearly set out the amended clause, the effective date of the amendment, and your statutory right to refuse the amendment and cancel your contract without cost, penalty, or cancellation indemnity by notifying us no later than thirty (30) days after the amendment takes effect. Your continued access to or use of the Website or Services following the effective date of any modification constitutes your affirmative acceptance of the revised Agreement. NOMO and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our Website. NOMO and its representatives cannot guarantee that the information on this Website is accurate, complete and up-to-date, and will not be responsible for any damage or loss related to, any inaccuracy, incompleteness, or lack of timeliness of the information or services on the Website.

Other Policies and Agreements

Your purchase and use of NOMO products and solutions on the Website or otherwise is subject to any terms or policies posted on this Website from time to time. Your use of certain apps and other software provided by third parties on the NOMO products may be subject to third party terms and conditions made available on such apps or software services.

Personal and Noncommercial Use Limitation: Prohibited Uses

Via the Website, we may provide information, marketing material, product registration, and warranty services (the “Services and Information”) relating to our products and/or services (collectively, the “Products”). We grant you access to this Website during the term of this Agreement solely to receive the Services and Information. You may access, download, and print materials as necessary to receive the Services and Information and use the Products. You may not license, copy, distribute, create derivative works from, frame in another Website page, use on any other website, or sell any information, databases, or lists obtained from this Website. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the Website without our prior written permission. You will comply with all privacy laws.

Proprietary Rights

All materials on this Website (as well as the organization and layout of the Website) are owned and copyrighted, licensed by, or used with permission that is granted to NOMO. No reproduction, distribution, or transmission of the copyrighted materials at this Website is permitted without the prior written permission of NOMO.

Your Account

If you use this Website and create a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this Website is terminated, you will (i) stop using the Website and any information obtained from the Website, and (ii) destroy all copies of your account information, password and any information obtained from this Website.

No Unlawful or Prohibited Use

The information on this Website is for informational purposes only. You agree that you will use the Website and any Information found on the Website solely for your personal, lawful purposes and that you shall not use any information contained in this Website or the links to this Website in any claims, proceedings, suits or actions against NOMO, its suppliers or affiliates.

As a condition of your use of this Website, you warrant to NOMO that you will not use this Website for any purpose that is against the law or prohibited by this Agreement. If you violate any of these terms, your permission to use this Website automatically ends.

You may not:

(a) post, upload, publish, display, encode, reproduce, transmit or otherwise distribute and/or disseminate information or material on the Website: constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the rights holder; (iii) promoting racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (iv) which solicits passwords, personal information, funds, goods and/or services or otherwise solicits information for commercial or unlawful purposes (v) that contains advertising;

b) without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Website pages, data or content found on this Website or accessed through this Website. You may not republish NOMO content or other content from this Website on another Website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free. engage in any conduct that impersonates any person, licensed professional, business or entity, including NOMO and our employees and agents;

(c) otherwise use this Website in a way that is contrary to law or which could adversely impact use of the Website or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.

(d) use this Website or the Services if you are under the age of eighteen (18). The Website and Services are intended solely for individuals 18 years of age or older. If you are under the age of 18, you may not access or use this Website.

NOMO reserves the right (but not the obligation) at our sole discretion to refuse or delete any user content and/or to suspend or terminate your access to the Site without notice upon a violation of attempted violation of this Agreement or for any other reason.

Disclaimer of Warranties

While NOMO uses reasonable efforts to include accurate and up-to-date information on the Website, your use and browsing of the Website is at your risk. Nothing in the Website, including Services and Information relating to Products, shall add to or change any contract for products or services you may have with NOMO, its suppliers or affiliates.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE PRODUCTS, SOLUTIONS, INFORMATION AND SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. SUBJECT TO THE APPLICABLE LIMITED WARRANTY FOR THE PRODUCTS, THE WEBSITE, INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOMO AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT NOMO IS NOT PROVIDING MEDICAL ADVICE VIA THE WEBSITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NOMO NOR ITS SUBSIDIARIES AND AFFILIATES SHALL 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY, INFORMATION OR SERVICES PROVIDED ON THE WEBSITE OR OTHERWISE; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE PRODUCTS OR THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES AND INFORMATION. IN NO EVENT WILL THE MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE SUBJECT PRODUCT OR $100, WHICHEVER IS GREATER. THIS PROVISION WILL NOT AFFECT YOUR RIGHTS UNDER THE APPLICABLE LIMITED WARRANTY. THIS LIMITATION OF LIABILITY APPLIES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you live in a jurisdiction that does not allow any of the within disclaimers of warranty, exclusions, or limitations of liability (such as in some circumstances if you are a consumer residing in Quebec), such disclaimers, exclusions, or limitations may not apply to you but only to the extent that such disclaimers, exclusions, or limitations are not allowed. In such case, such disclaimers, exclusions, or limitations shall be effective to the greatest extent permitted by applicable law.

Prices and Payment

All prices displayed on the Website are in U.S. Dollars unless expressly stated otherwise in Canadian Dollars (CAD) for Canadian orders, and do not include applicable taxes or shipping and handling . Prices, discounts, and product availability are subject to change without notice. We reserve the right to correct pricing errors and cancel orders arising from typographical inaccuracies.

Links to Third Party Sites

This Website may contain hyperlinks to websites operated by parties other than NOMO or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the Privacy Notice is applicable only when you are on our Website, once linked to another website, we recommend that you read that site’s Privacy Notice before disclosing any personal information.

Links to Our Website

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Website so long as (i) the link or your linking website does not portray NOMO, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a Privacy Notice no less protective of user data than our Privacy Notice. You may not use any NOMO logo or other proprietary graphic or trademark as part of the link without express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink. You may not link to any page other than the home page of this Website. Any link to our Website should be a full forward link that passes the client browser to our home page without barriers. The “back” button should return the visitor to the original site if the visitor wishes to back out.

Territory

The Website, Products, and Services are currently offered and directed solely to residents of the United States and Canada. Access to the Services from territories where their contents are illegal is prohibited. Some Products and Services referred to on the Website may not be available in parts of Canada or may not be compatible with communications services (e.g., telephone, wireless, or internet services) in some areas.

Use of Submissions

By posting or uploading to the Website any text, comments, messages, information, data, graphics, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video, code or any other form of content or information (collectively “User Content”), you (i) warrant that you own all rights and/or have obtained all third party consents and/or waivers and/or permissions and/or licenses (hereafter “clearances”) with respect to your User Content and that neither you nor any third party will object to the use of your User Content by NOMO in any manner; (ii) consent to your name, address and/or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the Website as applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Content; (iii) acknowledge and agree that NOMO is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you may claim to be yours; and (iv) acknowledge and agree that any User Content that you provide for display on the Website will be considered non-confidential. NOMO may edit or remove any or all User Content whether or not it is in violation of the provisions of this Agreement. NOMO is not responsible for User Content in any way. You hereby grant to NOMO a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sublicence any and all material or information submitted by you to NOMO and/or to incorporate it in other works regardless of form, medium or technology and you waive any and all moral rights in the foregoing in favour of NOMO. If you post User Content to any part of the Website, you understand and agree that anyone with access to the Website will be able to access, use and/or disclose any information that you include in any such content (including, without limitation, any personal information such as your name, e-mail address, etc.). If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the website. You understand and agree that NOMO shall not be liable for any access to, use of or disclosure of any information you include in any such User Content.

Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Mandatory Informal Dispute Resolution (United States Residents): Before initiating any arbitration or court proceeding, you and NOMO agree to first contact each other and attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Services informally for a period of at least thirty (30) days.

(b) Agreement to Arbitrate (United States Residents): Except as otherwise provided herein or where prohibited by applicable law, any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, the Website, or our Services shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The arbitration shall take place in Hennepin County, Minnesota, or virtually by mutual agreement.

(c) Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NOMO 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator or court may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

Canadian Consumer Exception: If you reside in Canada and applicable provincial or territorial consumer protection legislation (including, without limitation, the laws of Ontario or Quebec) prohibits mandatory binding pre-dispute arbitration or the waiver of class actions in consumer contracts, subsections (a), (b) and (c) above do not apply to you. In such circumstances, any disputes shall be resolved in a court of competent jurisdiction under the governing law specified below, subject to any mandatory local consumer rights you may have.

Miscellaneous

This Website is intended to reach residents of the United States and Canada, and all advertising claims contained in this Website are valid only in the United States and Canada.

This Agreement, and any dispute, controversy, or claim arising out of or relating to this Agreement, the Website, or the Services, will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. Subject to the arbitration provision and class action waiver above, any legal action or proceeding between NOMO and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in Hennepin County, Minnesota; provided that if you reside in Canada and local consumer protection laws prohibit foreign forum selection, this clause shall not deprive you of your rights under your province's or territory's mandatory consumer protection laws.

To the extent permitted by applicable law, any claim or cause of action arising out of or related to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred (except where prohibited by provincial consumer protection legislation).

This Agreement, including all other documents incorporated by reference herein, are binding and constitute an agreement between NOMO and you with respect to your use of the Website. If any part of this Agreement is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.

The NOMO logo and other logos, product and service names are trademarks and service marks owned by NOMO or its affiliates or used with the permission of the mark owner (the “Marks”). Without the prior written permission of NOMO, the Mark owner, or their respective affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

Effective Date: October 22, 2026