Terms of Service

Last Updated: January 14, 2025

1. Acceptance of Terms

By accessing or using NorCemic Inc.'s SmartCemic devices, applications, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you and NorCemic Inc. ("NorCemic," "we," "our," or "us").

2. Description of Services

NorCemic provides non-invasive biomarker monitoring technology through:

• SmartCemic Devices: Hardware devices that perform non-invasive biomarker measurements
• Mobile Applications: iOS and Android apps for viewing and managing health data
• Web Platform: Browser-based dashboard for data analysis and management
• Cloud Services: Secure storage and processing of health data
• API Access: Developer interfaces for integration with third-party systems

3. Medical Disclaimer

IMPORTANT: SmartCemic devices and Services are intended for general wellness and informational purposes only. They are NOT intended to diagnose, treat, cure, or prevent any disease or medical condition.

• SmartCemic readings should not replace professional medical advice, diagnosis, or treatment
• Always consult with a qualified healthcare provider for medical decisions
• In case of medical emergency, contact emergency services immediately
• Do not make medication changes based solely on SmartCemic readings without consulting your doctor

4. Account Registration

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account
• Be at least 18 years old (or have parental consent if 13-17)

5. Subscription Plans and Payment

5.1 Available Plans

We offer the following subscription tiers:

• Basic ($29.99/month): 20 biomarkers, unlimited measurements, 30-day history, email support
• Professional ($79.99/month): 114+ biomarkers, unlimited history, API access, priority support
• Enterprise ($199.99/month): 114+ biomarkers, EHR integration, white-label options, dedicated manager
• Cloud Quantum ($499.99/month): 100 biomarkers, AWS Braket access, quantum hardware, 24/7 support

5.2 Free Trial

New users receive a 14-day free trial. You may cancel before the trial ends to avoid charges.

5.3 Billing

• Subscriptions are billed monthly or annually in advance
• Prices are subject to change with 30 days notice
• Refunds are provided in accordance with our refund policy
• Failed payments may result in service suspension

6. Acceptable Use

You agree NOT to:

• Use Services for any unlawful purpose
• Share account credentials with others
• Reverse engineer, decompile, or disassemble our software
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use automated systems to access Services without permission
• Resell or redistribute Services without authorization
• Use Services to develop competing products

7. Intellectual Property

All content, software, hardware designs, trademarks, and intellectual property related to SmartCemic and NorCemic are owned by NorCemic Inc. or our licensors. You receive a limited, non-exclusive, non-transferable license to use the Services for personal, non-commercial purposes.

8. Privacy and Data

Your use of Services is subject to our Privacy Policy, which is incorporated into these Terms. We are committed to protecting your health information in compliance with HIPAA and other applicable regulations.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NorCemic shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for Services in the 12 months preceding the claim
• We are not liable for any medical decisions made based on SmartCemic readings
• We do not guarantee uninterrupted or error-free service

10. Warranty Disclaimer

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Indemnification

You agree to indemnify and hold harmless NorCemic, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of Services or violation of these Terms.

12. Termination

We may suspend or terminate your access to Services:

• For violation of these Terms
• For non-payment of subscription fees
• If required by law
• At our discretion with reasonable notice

You may cancel your subscription at any time through your account settings.

13. Dispute Resolution

Any disputes shall be resolved through binding arbitration in Phoenix, Arizona, under AAA rules. You waive the right to participate in class actions.

14. Governing Law

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict of law principles.

15. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through the Services. Continued use after changes constitutes acceptance.

16. Contact Information

For questions about these Terms:

Email: legal@norcemic.com
Phone: (520) 510-3964
Address: NorCemic Inc., Phoenix, Arizona, USA