Smartnosis Terms and Conditions
Last updated September 10, 2026
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Smartnosis, LLC, a California limited liability company (“we,” “us,” or “our”), concerning your access to and use of the https://smartnosis.net/ website, the Smartnosis mobile application available on the Apple App Store and Google Play Store, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). You agree that by accessing or using the Platform, including by downloading or using the mobile application, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Platform and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Platform after the date such revised Terms and Conditions are posted.
USER REPRESENTATIONS
By using the Platform, you represent and warrant that:
LICENSE TO USE THE PLATFORM
Subject to your continued compliance with these Terms and Conditions, Smartnosis grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for your personal, non-commercial purposes, including to download and install the mobile application on a device that you own or control.
You may not, and may not permit any third party to: (a) modify, adapt, translate, or create derivative works of the Platform or mobile application; (b) copy, reproduce, distribute, sell, lease, sublicense, or otherwise exploit the Platform or mobile application except as expressly permitted by these Terms and Conditions; (c) reverse engineer, decompile, disassemble, or attempt to derive source code from the Platform or mobile application; (d) remove, alter, or obscure any copyright, trademark, or other proprietary notices; or (e) use the Platform or mobile application to build or assist in building a competing product or service.
This license terminates automatically if you violate these Terms and Conditions. Upon termination, you must cease all use of the Platform and delete the mobile application from your devices.
ACCOUNT REGISTRATION AND SECURITY
Certain features of the Platform may require you to register for an account. You agree to provide true, accurate, current, and complete information and to promptly update it. You are responsible for all activity under your account.
You are responsible for safeguarding your username, password, and other account credentials and for maintaining their confidentiality. You must notify Smartnosis promptly at info@smartnosis.net if you know or suspect unauthorized access to or use of your account, or any other security breach. You may not use another person’s account or permit another person to use your account.
Smartnosis may disable, suspend, or terminate your account, in whole or in part, at any time, including if information provided is inaccurate or if Smartnosis reasonably believes you have violated these Terms and Conditions or applicable law. Your account is personal to you and may not be sold, assigned, or transferred.
MOBILE APPLICATION
App Store Compliance. If you download or access the mobile application through the Apple App Store or Google Play Store, you must comply with the applicable terms and conditions of that store. Your use of the mobile application is also subject to any applicable store policies.
Licensed, Not Sold. The mobile application is licensed to you, not sold. Your license is limited to the rights expressly granted in these Terms and Conditions and does not transfer any ownership interest in the mobile application or its content.
Device Permissions. The mobile application may request access to certain features of your device, including the camera, location services, notifications, storage, and similar features, depending on the functionality you use. You may manage or withdraw permissions through your device settings, although restricting permissions may limit functionality.
Push Notifications. We may send push notifications through the mobile application regarding account activity, Platform features, updates, or other relevant information. You may opt out of push notifications through your device settings, although doing so may limit certain functionality or communications.
Updates. We may release updates, patches, corrections, or new versions of the mobile application from time to time. You should keep the mobile application updated to help maintain security, compatibility, and the best available user experience.
Maintenance and Support. Neither Apple nor Google has any obligation to furnish maintenance or support services for the mobile application. Apple and Google are not responsible for addressing claims relating to the mobile application, except as required by applicable law.
HEALTH-RELATED INFORMATION AND MEDICAL DISCLAIMER
The Platform may provide health-related testing protocols, questionnaires, educational content, and treatment suggestions. These materials are for informational and educational purposes only and are not medical advice, diagnosis, or treatment, and do not create a doctor-patient or other healthcare-provider relationship between you and Smartnosis.
Do not rely on the Platform for medical emergencies or as a substitute for consultation with a qualified physician or other healthcare professional. You should consult an appropriate healthcare professional before starting, stopping, or changing any treatment, medication, diet, exercise, testing, or other healthcare regimen. If you have an emergency or urgent medical concern, call 911 or your local emergency services.
Results, recommendations, and treatment suggestions may be incomplete, inaccurate, or unsuitable for you and may vary based on the information you provide. Smartnosis does not guarantee any particular result and is not responsible for decisions you make based solely on the Platform. Unless expressly stated otherwise, Platform testing protocols and questionnaires are not a substitute for evaluation, diagnosis, or treatment by a qualified healthcare professional.
PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
USER CONTRIBUTIONS AND CONTENT STANDARDS
The Platform may allow you to submit, upload, transmit, post, or otherwise provide text, images, data, responses to questionnaires, feedback, or other materials (collectively, “User Contributions”). You are solely responsible for your User Contributions and the consequences of making them available through the Platform.
By submitting User Contributions, you grant Smartnosis, LLC a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, modify, adapt, publish, translate, distribute, display, perform, and otherwise use those User Contributions as necessary to operate, provide, maintain, improve, and promote the Platform, subject to our Privacy Policy. You represent that you have all rights necessary to grant this license.
User Contributions must comply with all applicable laws and must not: (a) be defamatory, libelous, obscene, indecent, abusive, harassing, hateful, threatening, or otherwise objectionable; (b) infringe or violate any patent, trademark, copyright, trade secret, privacy, publicity, or other right; (c) be deceptive, fraudulent, or misleading; (d) contain viruses, Trojan horses, worms, or other harmful code; (e) disclose another person’s private or health information without authorization; or (f) violate any applicable law or regulation.
Smartnosis does not endorse User Contributions and is not responsible for their content. We reserve the right, but do not assume the obligation, to monitor, review, remove, refuse to post, or disable access to any User Contributions at any time and for any reason, without notice.
PLATFORM MANAGEMENT
We reserve the right, but not the obligation, to:
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at https://smartnosis.net/privacy-policy. By using the Platform, you consent to the practices described in our Privacy Policy. Please be advised the Platform is hosted in the United States.
If you access the Platform from the European Economic Area, United Kingdom, Switzerland, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Platform, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Platform.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform except as may be required by applicable law. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Platform, including the mobile application and all of its features and functionality, is owned by Smartnosis, LLC or licensed to us. All source code, databases, functionality, software, website and mobile application designs, audio, video, text, photographs, graphics, questionnaires, testing protocols, treatment suggestions and related algorithm, proprietary scoring system, return to play protocol algorithms, and other materials made available through the Platform (collectively, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by Smartnosis, LLC or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Platform, including the mobile application or any software, and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, subject to these Terms and Conditions. We reserve all rights not expressly granted to you in and to the Platform, the Content, and the Marks.
THIRD-PARTY LINKS
The Platform may contain links to third-party websites, applications, products, or services that are not owned or controlled by Smartnosis. We do not assume responsibility for the content, privacy practices, security, availability, or accuracy of any third-party websites or services. If you access a third-party website or service through the Platform, you do so at your own risk and subject to that third party’s terms and privacy policy. The inclusion of a link does not imply endorsement by Smartnosis.
GOVERNING LAW
These Terms and Conditions and your use of the Platform are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE IN DISCOVERY; AND (4) APPEAL RIGHTS WILL BE LIMITED.
If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree to resolve any claim or controversy at law or equity arising out of these Terms and Conditions, the Platform, or our products or services (a “Claim”) in accordance with one of the subsections below:
(i) If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any person who uses your Account, and us, our affiliates, and/or agents, if it relates to your Account, your use of the Platform, or to these Terms, except as noted hereafter.
(ii) Either party may assert an individual case in small claims court or your state’s equivalent court. Any disputes relating to the enforcement, protection, or validity of the intellectual property rights of either party shall not be subject to arbitration. Nothing in this Section shall limit either party from seeking injunctive or other exigent relief from a court of law.
Notwithstanding any other language in this Section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this Section of these Terms. However, any dispute or argument that concerns the validity or enforceability of these Terms as a whole is for the arbitrator, not a court, to decide. Further, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY OTHER USER OR PERSON NOT ON YOUR ACCOUNT.
The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be mailed to Smartnosis, LLC, 20829 W Bur Oak Circle, Porter Ranch, CA 91326.
The arbitration shall be administered by the Los Angeles, California offices of JAMS and the arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS (“JAMS Rules”) that are in effect at the time the arbitration is initiated. The JAMS Rules can be accessed at http://www.jamsadr.com/rules-streamlined-arbitration/. In the event of a conflict between the terms set forth in this Section of the Agreement and the JAMS Rules, the terms in this Section of the Agreement will control. The arbitrator must apply the same law and legal principles, consistent with the FAA, which would apply in court, but may use different procedural rules.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted exclusively in the state and federal courts located in Los Angeles Country, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and inconvenient forum with respect to venue and jurisdiction in such state and federal courts.
DISCLAIMER
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, THE PLATFORM, INCLUDING THE WEBSITE AND MOBILE APPLICATION, AND ALL CONTENT, FEATURES, FUNCTIONALITY, HEALTH-RELATED TESTING PROTOCOLS, QUESTIONNAIRES, TREATMENT SUGGESTIONS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM OR ANY HEALTH-RELATED MATERIALS WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, SECURE, UNINTERRUPTED, OR SUITABLE FOR YOUR NEEDS. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT, PRODUCT, OR SERVICE MADE AVAILABLE THROUGH IT, EVEN IF SUCH LOSSES WERE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Platform, our liability shall in no event exceed the greater of (1) the total of any subscription or similar fees, if any, with respect to any service or feature of or on the Platform paid in the six months prior to the date of the initial claim made against us, or (2) US $100.00.
Some jurisdictions do not allow limitations of liability, so some or all of the foregoing limitations may not apply to you.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Smartnosis, LLC and its subsidiaries, affiliates, and each of their respective officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Platform, including the mobile application; (2) your breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward another user with whom you connected through the Platform.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting or using the Platform, including the mobile application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, including through the Platform, the mobile application, and email, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM, INCLUDING THE MOBILE APPLICATION.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship, or fiduciary relationship created between you and us as a result of these Terms and Conditions or use of the Platform. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
CONTACT US
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at:
Smartnosis, LLC
20829 W Bur Oak Circle, Porter Ranch, CA 91326
Email: info@smartnosis.net
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