These terms of use are entered into by and between you and Nonin Medical Inc. (‘Nonin’, ‘we’ or ‘us’). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively ‘Terms of Use’), govern your access to and use of the Nonin Health App (the ‘App’). Please read the Terms of Use carefully before you start to use the App.

By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (located at the following URL: https://www.nonin.com/privacy-policy/) incorporated herein by reference.

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

I. Applicability and Eligibility

All purchases through our site or other transactions for the sale of goods, services, or information carried out through the App or otherwise are governed by our Terms of Sale (located at the following URL: https://www.nonin.com/terms/), which are hereby incorporated into these Terms of Use.

Additional terms and conditions entered into between you and us or other third parties may apply to other Nonin services, products, or features. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

The App is offered and available to users who are 18 years of age or older. By using this App, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

II. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes as they are binding on you.

III. Changes to the App

We may update the content on the App from time to time. However, any of the material on the App may be out of date at any given time, and we are under no obligation to update such material. Please check the revision history of the App to verify its last update. We do not guarantee forward or backward compatibility of App revisions with devices or other web-based products or services.

We reserve the right to withdraw or amend this App and any service or material we provide on the App in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the App or the entire App.

IV. Permitted Use of the App

You are permitted to use our App for purposes of data acquisition and communication from and to a Nonin-branded compatible Nonin device and/or Nonin-branded compatible web-based internet portal.

The App does not constitute or render professional medical or clinical advice, diagnosis, treatment, or other recommendations of any kind by Nonin. Nonin is not a health care professional. Any information obtained by or through the App is intended for use in the context of a physician-patient or provider-patient relationship of which Nonin is not a part. Nonin does not make any representations or warranties about the training or skill of any health care professional or provider using the App.

OUR APP SHOULD NEVER BE USED FOR MEDICAL EMERGENCIES, URGENT SITUATIONS, OR INSTANCES WHERE SOMEONE MAY BE IN DANGER OR REQUIRE IMMEDIATE MEDICAL ASSISTANCE. IF YOU ARE EXPERIENCING ANY KIND OF EMERGENCY, YOU SHOULD CALL 9-1-1 IMMEDIATELY.

You should always seek the advice of your chosen health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions, and always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification. Nonin does not recommend or endorse any specific tests, health care professionals, medications, products, or procedures. By using our App, you acknowledge that your reliance on any information or communications delivered or provided by a health care professional or provider through our App is solely at your own risk. We do not represent or warrant that the information contained on the App will be accurate, complete, or useful for any particular purpose.

We are not an in-network provider and do not otherwise accept payment for our App from any health or other insurance plans. The service you receive from a health care professional or provider in conjunction with this App may not be covered by any insurance policy. For more information, contact your health care professional or provider.

V. Accessing the App and Account Security

To access the App, you must have internet connectivity. You may be asked to provide certain registration details or other information to sign up or login. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The App may include content provided by third parties. All information statements and opinions expressed in such third-party content and all information and responses to questions and other content other than the content provided by us are solely the opinions and the responsibility of the person or entity providing such content. We are not responsible or liable to you or any third party for the content or accuracy of any content provided by any third parties.

VI. Consent to Electronic Communications

When you provide us with your e-mail and/or phone number or communicate with us electronically via e-mail, text message, or messages via the App, you consent to receive communications from us electronically. You agree to promptly notify us if you change your contact information by updating your account settings.

You may withdraw your consent at any time. If you decide that you do not want to receive future communications electronically, please send an email to us using the contact information below. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from us. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice.

We may need to send you certain communications electronically regarding the App. You will not be able to opt out of those communications.

Your withdrawal of consent will not affect the legal validity or enforceability of these Terms of Use as provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

VII. Linking to the App

In the event we permit you to link to our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

We may disable all or any links at any time without notice in our discretion.

VIII. Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

IX. Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software text, displays, images, video, and audio and the design selection and arrangement thereof) are owned by Nonin its licensors or other providers of such material and are protected by United States and international copyright trademark patent trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App except to the extent incidental or necessary to your use of the App or our other services.

You must not:

  • Modify copies of any materials available on the App.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this App.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right title or interest in or to the App or any content on the App is transferred to you, and we reserve all rights not expressly granted. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

X. Trademarks

Our name, the terms Nonin Nonin Health WristOx, our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.

XI. Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, the Health Insurance Portability and Accountability Act of 1996 and similar laws or any laws regarding the export of data or software to and from the US or other countries).

Additionally, you agree not to:

  • Use the App in any manner that could disable overburden damage or impair the functionality of the App or interfere with any other party’s use of the App, including their ability to engage in real-time activities through the App.
  • Use any process or means to copy or reproduce materials on the App or for any other purpose not expressly authorized in these Terms of Use without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the App.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to interfere with, damage, or disrupt any parts of the App or any servers, computers, or databases connected to the App.
  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, attempt to interfere with the proper working of the App.
  • Use the App in any manner which, in the sole opinion of Nonin, may disparage or damage the brand reputation or standing of its business or in the community of Nonin, its products, services, and/or the App.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

XII. Disclosure of Information

We have the right to take any action we deem necessary or appropriate in our sole discretion if your use of the App violates these Terms of Use, including disclosing your identity or other information to law enforcement or other third parties in accordance with applicable law.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION WE TAKE DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

XIII. Geographic Restrictions

The owner of the App is based in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal for certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

XIV. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our App for any reconstruction of any lost data.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR.

NEITHER NONIN NOR ANY PERSON ASSOCIATED WITH NONIN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING NEITHER NONIN NOR ANYONE ASSOCIATED WITH NONIN REPRESENTS OR WARRANTS THAT THE APP ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE RELIABLE ERROR-FREE OR UNINTERRUPTED THAT DEFECTS WILL BE CORRECTED THAT OUR APP OR THE SERVERS AND TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES VULNERNABILITIES TO ATTACK OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

XV. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NONIN AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR LICENSORS SERVICE PROVIDERS EMPLOYEES AGENTS OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT TORT OR OTHERWISE) EXCEED THE ACTUAL LOSS OR DAMAGE SUSTAINED BY YOU UP TO A MAXIMUM AMOUNT NOT TO EXCEED THE PURCHASE PRICE PAID IN CONNECTION WITH USE OF THE APP.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct, or death or bodily injury caused by products you purchase or access through the App.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

XVI. Indemnification

You agree to defend indemnify and hold harmless Nonin its affiliates licensors and service providers and its and their respective officers directors employees contractors agents licensors suppliers successors and assigns from and against any claims liabilities damages judgments awards losses costs expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App including but not limited to any use of the App’s content services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the App.

XVII. Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to its conflict of laws provisions.

All actions suits or proceedings arising out of or based upon these Terms of Use or the subject matter of these Terms of Use shall be brought and maintained exclusively in the federal or state courts located in Hennepin County in the State of Minnesota and you consent to the sole and exclusive jurisdiction of such courts and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

XVIII. Waiver and Severability

No waiver by Nonin of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nonin to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

XIX. Entire Agreement

These Terms of Use (and the documents referenced and incorporated herein) constitute the sole and entire agreement with respect to the subject matter hereof and supersedes any and all prior agreements, understandings, and communications between the parties with respect to the App.

XX. Contact Us

This App is operated by Nonin Medical Inc. You can contact us:

  • By email: info@nonin.com
  • By visiting this page on our website: www.nonin.com/contactus
  • By phone number: +1 763.553.9968
  • By mail: Nonin Medical Corporate Communications 13700 1st Avenue North Plymouth, Minnesota 55441