Last updated: June 23, 2025

The following Terms of Service (the “Terms” or “Agreement”) govern your access and use of our website (“Site”), our mobile applications (“Apps”), and the services related to our platform (“Services”). Such content includes, but is not limited to, text, graphics, logos, images, audio clips, videos, digital downloads, and works of authorship of any kind (collectively, the “Content”). For avoidance of doubt, reference to the Services generally herein shall include the Content.

These Terms of Service are between the user of the Services (each, a “user” and collectively, the “users,” also referred to as “you” and “your”) and Apnova.com, a subsidiary of SomnoHealth Incorporated (“Apnova,” “we,” “us,” or “our”).
By accessing or using the Platform or Services, you accept and agree to be bound by and comply with this Agreement. If you do not agree to be bound to any term of this Agreement, you must not access the Platform or Services.

Please read this Agreement carefully, as it contains important information regarding your legal rights, remedies, and obligations. You will only be permitted to pursue claims against us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding.
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This Agreement is effective on the earlier of the date: (i) you first access the Platform or Services; or (ii) when you download our Apps (“Effective Date”). We may update these terms from time to time by posting modifications on our Platform. Unless otherwise specified, all modifications shall be effective upon posting. By accessing or using the Platform or Services after the modifications become effective, you agree to be bound by such modifications to the Agreement. If you do not agree to the modifications, you must terminate access to the Platform and Services.
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1. Minimum Age
The Platform and Services are not intended for anyone under the age of 18 years old. By accessing or using the Platform or Services, you represent and warrant that you are over 18 years old, legally capable of forming a binding contract, and not otherwise barred from using the Platform or Services under applicable laws. If you are under 18 years old, you must immediately cease using the Platform and Services.

2. Third-Party Platforms, Links, Content, or Services
The Platform and Services may be provided by or accessed through third-party platforms, such as Apple, Google, or Amazon (the “Mobile Operators”). Users who access the Platform and Services through a Mobile Operator may be subject to the Mobile Operators’ respective terms and conditions and privacy policies.
Our Services may also enable access to third-party services, applications, and websites (“Third Party Services”). You agree to use Third Party Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any Third Party Services, and shall not have any liability whatsoever for any such Third Party Services. To the extent you choose to use such Third Party Services, you are solely responsible for compliance with any applicable laws.

We reserve our right to change, suspend, remove, disable, or impose access restrictions or limits on any Third Party Services, at any time, and without notice or liability to you.

3. Privacy
Protecting and safeguarding any information you provide through the Platform or Services is extremely important to us.

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM OR SERVICES, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT.

4. Disclaimers
The Services are for informational purposes only and should not be treated as medical advice. Apnova does not provide medical or healthcare services, and the information provided through the Services should not be considered a substitute for professional medical advice or treatment.
Apnova disclaims all warranties and conditions with respect to the Services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

5. Limitation of Liability
To the maximum extent permitted by applicable law, Apnova will not be liable for any indirect, incidental, special, or consequential damages arising from or in connection with your use of the Services.

6. Indemnification
You agree to defend, indemnify, and hold harmless Apnova, its officers, directors, employees, agents, and representatives from and against any third-party claims, disputes, liabilities, damages, losses, and expenses arising out of your use of the Platform or violation of these Terms of Service.

7. Term; Termination
This Agreement is effective on the Effective Date and shall continue as long as you access or use the Platform or Services. You may discontinue use of the Platform at any time. We reserve the right to terminate this Agreement at any time with prior written notice.

8. Governing Laws and Jurisdiction
This Agreement shall be governed by the laws of the State of New York, without regard to its conflict of law principles. You consent to the personal jurisdiction of and venue in courts located in New York, NY.

Contact Us
For questions about these Terms of Service or the Services, please contact us at: support@apnova.com
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