You agree to the terms of service below, and the Terms of Use for Substack, the technology provider.
TERMS OF SERVICE
NOTT maintains this website, the NOTT application and other related sites or applications for the use of its customers, merchants, and other website users (“Users”) upon agreement to the following terms.
Please read the following terms and conditions carefully before using the https://nott.ai website and the NOTT app. Use of this website or the NOTT app indicates acceptance of these “Terms and Conditions” and forms a binding agreement between you and NOTT Innovative Technology. If you do not agree to the following terms and conditions, do not use this website or the NOTT app.
NOTT products and services
NOTT is an innovative health and wellness platform leveraging Decentralized Physical Infrastructure Networks (DePIN), Artificial Intelligence (AI), and Health Finance (HealthFi) technologies and methodologies. NOTT's ecosystem is designed to be inclusive, catering to a diverse range of users, including everyday wellness enthusiasts, health professionals, NOTT device manufacturers, and other devices/service providers (merchants).
NOTT offers everything from smart wearables that fit easily into daily routines to innovative sleep aids like smart pillows and capsule beds, showing NOTT's dedication to enhancing health through technology.
NOTT also provides impressive services, such as a detailed mobile app for managing health data and personalized health tips and advice powered by AI. These services meet the needs of all types of health enthusiasts, making sure everyone can find something useful within the NOTT ecosystem. The NOTT app serves as the companion to the NOTT devices.
Disclaimer
NOTT physical wellness products are wellness devices and not a medical device. It is intended for aiding health improvement through personalized health tracking content. If you have any medical concerns, please consult with your healthcare provider, including but not limited to, before using this device. NOTT devices are not intended to serve as a replacement for professional health care, diagnosis, treatment, or advice. NOTT Innovative Technology is not liable for any health issues that may arise as a result of the recommendations, activities, or other information or events you learn or experience as a result of using NOTT devices. You should read all product packaging and instructions carefully before purchasing or intending to acquire any of the products or services recommended on this website or application. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING NOTT DEVICES AT YOUR OWN RISK. You and any of the physicians or health professionals linked with this website, application, or your use of any product or service from this website or application. Furthermore, neither this information nor any assertions on this website or application are meant to diagnose, treat, or cure any condition.
NOTT Innovative Technology Pte.Ltd DOES NOT OFFER ANYTHING that can be used to diagnose, treat, or prevent any medical, mental, or physical ailment. All of the information provided here is for information and educational purposes only, and it should not be construed as a personal medical device. As a result, you should not act entirely on the basis of the contents of this information. Instead, users should seek advice from qualified health professionals on any issues concerning their health and well-being. These items are not intended for symptom management or treatment, and they are not intended to be used in place of any form of therapy or treatment for any symptoms or disorders.
THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS WEBSITE OR NOTT’s MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
1. About Use of NOTT’s Site
1.1. These terms and conditions (these “Terms” or “Terms and Conditions”) form an agreement between you, either as an individual or as the representative of an entity (“user,” “customer,” or “You”) and NOTT Innovative Technology Pte.Ltd. (“NOTT,” “us,” “we,” or “our”). These Terms along with any documents expressly incorporated herein by reference, dictate the conditions under which you may access and utilize the NOTT website,
https://nott.ai
, or any of our other web properties, including mobile websites, applications, or digital platforms that link to or refer to these Terms and Conditions (collectively, the “Site”).
1.2. In the event of any conflict between these Terms and Conditions and the conditions of any service contract between you and NOTT Innovative Technology Pte.Ltd, the terms of the service contract will prevail concerning the specific services detailed therein. By engaging with the Site, including but not limited to browsing the Site, using our services, or providing information to NOTT Innovative Technology Pte.Ltd, you accept and are bound by these Terms and Conditions. If any aspect of these Terms is not acceptable to you, please do not use the Site, because you are not granted permission to access or use the Site without accepting these Terms.
1.3. The Site is accessible to help users who wish to participate in an Ecommerce platform facilitated by NOTT (the “Platform”). By using the Ecommerce platform, you certify that you are of legal age to form a binding contract with NOTT and satisfy all eligibility requirements or have written consent of a legal guardian. If these requirements are not met, you are not permitted to access or use the Site.
1.4. Additionally, you acknowledge that certain privacy practices are applicable to your use of the Site and consent to such practices, including if you are younger than 16 or 13 years of age. Please stop and for more information, refer to NOTT’s Privacy Policy here (“Privacy Policy”). It is crucial for users to have adequate language proficiency in the language used to present the Platform.
1.5. Both physical and digital products are available for purchase on the Site (collectively, the “Products”), with prices listed accordingly. Note that these prices exclude any taxes or additional fees that may apply.
1.6. IMPORTANT NOTICE: SECTION OF THESE TERMS AND CONDITIONS CONTAINS AN ARBITRATION PROVISION. BY ACCESSING OR USING THE SITE OR PURCHASING THE PRODUCTS, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND ON OUR WEBSITE INCORPORATED HEREIN BY REFERENCE. If you do not wish to accept these Terms and Conditions or the Privacy Policy, you are not permitted to access or use the Site.
2. Creation account in NOTT application
2.1. To create an account on our app, simply tap to create an account. Upon doing so, you will receive a unique Passkey for account access and a blockchain wallet will be automatically created for your use. This streamlined process ensures your account is secure and ready for immediate use, leveraging advanced security measures and blockchain technology for a seamless experience. Please consult our Privacy Policy and Terms and Conditions for further details on data usage and protection.
2.2. NOTT reserves the right to modify, amend, or update the account creation process at its discretion. Users will be notified of any significant changes that might affect their ability to create or access their accounts.
3. Changes of NOTT’s Terms and Conditions
3.1. We may periodically update these Terms and Conditions to reflect changes in our practices, services, or legal requirements.
3.2. NOTT reserves the right to modify, discontinue, or suspend the Site or any part of it, at any given time. When we make material changes to these terms, we will notify you 30 days in advance, either through direct communication (such as email) or by prominently displaying a notice on the Site’s main page. The notice period will allow you ample time to consider the changes and decide whether you wish to continue using the Site under the updated terms. NOTT may also, under certain circumstances, restrict your access or use of the Site. While we strive to provide a continuous service, you acknowledge that the Site is provided as-is, and you do not possess any proprietary rights over it. In situations where the Site is discontinued or if your ability to access the Site, its Materials, or any content you have posted on it is restricted or terminated, the Company will not be held liable. However, in such scenarios, we will make reasonable efforts to ensure you have access to your data and content for a limited duration, to allow for transition or backup.
3.3. Your action is required when we update these Terms. If you do not agree with the revised terms, you may choose to discontinue your use of the Site by emailing us at info@nott.ai If we do not receive your explicit disagreement or discontinuation within the notice period, it will be assumed that you have accepted and agreed to the changes.
3.4. To ensure you stay informed and are always aware of any modifications, we recommend bookmarking this page and reviewing these Terms and Conditions periodically.
3.5. Any modifications we make to the dispute resolution provisions detailed in the Governing Law and Jurisdiction section will not apply to any disputes for which either party has received actual notice of, on, or prior to the date the change is made public on the Site. We commit to providing a clear and reasonable notice period, in line with global regulatory standards, before implementing any significant alterations to these provisions, ensuring that users are given ample time to review and decide on continued use of our services under the updated terms.
4. Collecting information of website/app and other platforms owned by NOTT
4.1. All data and information that we collect on the Site are governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Your use of the Site constitutes your acknowledgement of, and consent to, our collection, storage, use, and disclosure of your information as outlined in our Privacy Policy. By using the Site, you consent to all actions taken by use with respect to your information, consistent with our Privacy Policy.
5. Protection of Your Privacy
5.1. All information that you share with us or that we gather through your utilization of the Site is subject to our Privacy Policy, which is available on the Site. This policy outlines how we collect, use, store, and safeguard your personal data, and addresses your rights and our responsibilities regarding your information.
5.2. By accessing and using the Site, you give your explicit consent to all actions we undertake in accordance with our Privacy Policy. This includes, but is not limited to, the collection, processing, storage, and sharing of your data, as far as legally permissible, and as detailed in our Privacy Policy.
5.3. Please ensure that you thoroughly review our Privacy Policy and understand how we manage your data. If you have any queries or concerns, please do not hesitate to contact us. Your trust and privacy are of paramount importance to us, and we commit to handling your data responsibility and in line with applicable privacy and data protection laws.
6. User Representations and Warranties
6.1. As a User, you represent and warrant that you are not an agent or employee of any competitor of NOTT Innovative Technology Pte.Ltd, or any company that offers similar services to NOTT. You also affirm that your use of the Site and the Materials is solely for the purpose of enhancing your understanding, participation in Offerings, including but not limited to, your ability to improve your sleep function.
6.2. You further warrant that your interactions with NOTT and use of the Site, the Platform, the Products, and the Materials will not infringe upon or violate the rights of any third party or violate any local, municipal, state, provincial, national, or international laws, regulations, or any policies or guidelines established by NOTT.
6.3. Any violation of this warranty may lead to the termination of your access to the Site and Services, at the sole discretion of NOTT.
7. Terms and Conditions for the Site
7.1. The Site provides information about our products and services (the “Offerings”). All content on the Site, including but not limited to, graphics, text, and other proprietary elements or intellectual property (whether or not registered, registrable, patented, or patentable), and the compilation of these (“NOTT Content”) is the intellectual property of NOTT, and its licensors, protected under relevant copyright, trademark, and other intellectual property laws. Unless expressly stated in Section 7.2, you may not download, modify, or use any NOTT Content without express written permission.
7.2. NOTT provides various resources on the Site, including, but not limited to, materials, information, questions, articles, and other information (collectively, the “Materials”). For your personal or business use, NOTT grants you a limited right to access and use the Materials available on the Site. Any Materials you access can be viewed online, and if the option is available, downloaded for offline use, provided you maintain all copyright and proprietary notices contained in the original Materials. Except as expressly permitted in Material, you may not modify, reproduce, distribute, or exploit the Materials in any way. Selling, sharing, or allowing third-party access to the Materials is strictly prohibited. You must maintain the confidentiality of all Materials, not disclosing them in any manner that is not expressly permitted by these Terms. Breaching these Terms may lead to the termination of your authorized use of the Site.
7.3. You agree to not use any NOTT Content from the Site for unauthorized purposes, especially in ways that might harm our reputation or violate our intellectual property rights. Misuse of any NOTT Content is strictly prohibited and may lead to legal actions.
7.4. BY USING THE SITE, YOU AFFIRM YOUR AUTHORITY TO USE THE PLATFORM AND PRODUCTS, EITHER FOR YOURSELF OR THE ENTITY YOU REPRESENT. IF ACTING ON BEHALF OF A BUSINESS, YOU CONFIRM YOUR AUTHORITY TO BIND SAID BUSINESS TO THESE TERMS AND CONDITIONS.
7.5. Descriptions of our Offerings on the Site are for informational purposes. NOTT reserves the right to update or modify any details about our Offering without prior notice.
7.6. NOTT is not responsible for your completion of any tasks or other participation in the Site (“NOTT Service”). Ensure you allocate enough time and resources to fully engage with our services.
8. Data Protection
8.1. NOTT and Users shall comply with all applicable laws relating to the processing of Personal Data including, while it is in force, the General Data Protection Regulation (Regulation (EU) 2016/679), the California Consumer Privacy Act (CCPA), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), Australia’s Privacy Act 1988 (collectively the “Jurisdictions”, and such regulations, the “Data Protection Laws”).
8.2. You warrant to NOTT that you possess the lawful right to disclose all personal data shared with NOTT under or in connection with these Terms and Conditions.
8.3. You shall only provide personal data to NOTT as permitted herein, and NOTT shall only process, in each case under or in relation to these Terms and Conditions, and in compliance with the processing of special categories under Art. 9 of the GDPR.
8.4. NOTT commits to processing data based on documented instructions from the Users. This encompasses any transfers of data outside the Jurisdictions, following the appropriate legal and regulatory requirements.
8.5. Notwithstanding any other provision of these Terms and Conditions, NOTT may process the content if and to the extent that NOTT is required to do so by applicable law. In such a case, NOTT shall inform Users of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
8.6. NOTT shall ensure that persons authorized to process the content have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
8.7. NOTT and Users shall each implement appropriate technical measures to ensure an appropriate level of security for content.
8.8. NOTT will not enlist third parties for processing personal data without prior consent from Users. In the case of a general written authorization, NOTT shall inform the Users at least 14 days in advance of any intended changes concerning the addition or replacement of any third party processor, and if the Users object to any such changes before their implementation, then the Users may terminate these Terms and Conditions on 7 days’ written notice to NOTT, providing that such notice must be given within the period of 7 days following the date that NOTT informed the Users of the intended changes. NOTT shall ensure that each third party processor is subject to equivalent legal obligations as those imposed on the Users in this Section 12.
8.9. NOTT shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organizational measures to assist the Users with the fulfillment of the User’s obligations to respond to requests exercising a data subject’s rights under the Data Protection Laws.
8.10. NOTT shall make available to Users all information necessary to demonstrate the compliance of NOTT with its obligations under this Section 8 and the Data Protection Laws.
8.11. Upon request, NOTT shall either delete or return all of the content provided by the Users. NOTT will delete existing copies unless applicable law mandates the storage of the relevant content.
9. Ownership of Intellectual Property Rights, Trademarks and Copyrights on the Site
9.1. All contents of the Site are ©2023 NOTT Innovative Technology Pte.Ltd or respective third party owners. All rights are reserved worldwide.
9.2. The contents, features, and functionalities of the Site, including but not limited to all software, text, displays, images, logos, data, sound files, photographs, video, and audio, are owned by NOTT, its licensors, or other providers of such material.
9.3. If you become aware of a potential infringement of our intellectual property in any jurisdiction, please contact us at info@nott.ai and adhere to our guidelines outlined in our Privacy Policy.
9.4. We respect the intellectual property rights of others and respond to any claims that content posted on the Site infringes on the copyright, trademark, or other intellectual property rights. If you believe content on the Site infringes on your rights, you or your agent may send us a detailed notice. Your notice should include the following:
An electronic or physical signature of the person authorized to act on behalf of the intellectual property right owner’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.
9.5. Incomplete or improperly filled complaints may not be processed. Misrepresentation or bad faith claims may result in liabilities, including, but not limited to, costs and attorney’s fees.
To submit your claim, contact NOTT at: info@nott.ai
9.6. These Terms and Conditions permit you to use the Site for personal and business purposes, provided it is non-commercial. Actions like storing materials in RAM, browser caching, and printing a reasonable number of Site pages for personal use are permissible. Otherwise, you should not reproduce, modify, or distribute materials from the Site.
9.7. Respect all intellectual property notices on the Site’s materials. Any breach may result in your access being revoked, and you may need to return or destroy unauthorized copies. The Company retains all rights, titles, and interests in the Site and its content.
9.8. NOTT, along with other specified marks, are trademarks of NOTT and its affiliates. All materials on the Site, including texts, images, and sound files, are copyrighted and protected by the relevant laws of the countries where we operate and international conventions.
9.9. Nothing in these Terms and Conditions transfers or assigns any of NOTT’s intellectual property rights to Users.
10. Prohibited Uses of the Site
10.1. You are required to use the Site in compliance with all applicable laws, rules, regulations, ordinances, and these Terms at all times. The Site is to be used only for lawful purposes and in accordance with these Terms and Conditions. The following non-exhaustive list outlines prohibited uses of the Site. By using the Site, you agree not to:
Violate any applicable federal, state, provincial, municipal, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software).
Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Impersonate or attempt to impersonate NOTT, an NOTT employee, an NOTT agent, another user or customer of our products and services, or any other person or entity (including, without limitation, by using the email addresses or screen names associated with any of the foregoing).
Misrepresent your identity or affiliation with any person or entity.
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm NOTT or users of the Site, or expose them to liability.
Upload any Materials or content on, or from NOTT to any generative artificial intelligence (such as ChatGPT, Google Bard, or otherwise).
10.2. Further, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
Abuse the Site by requesting an unreasonable amount of requests not reasonably related to purchasing a NOTT product or service, i.e., imposing an unreasonable load on the service infrastructure and attempting to overburden the services.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including using any manual process or means for monitoring or copying any of the material on the Site or for any other unauthorized purpose.
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attempt to attack or attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by NOTT in its sole and absolute discretion.
Upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
Collect or store personal data about other users.
Use the Site for any commercial purpose not expressly approved by NOTT in writing.
10.3. Engaging in any of the prohibited uses may result in the termination of your right to use the services and the Site.
11. Geographic Restrictions
11.1. Users are responsible for ensuring that their use of the Site complies with the local laws and regulations of their respective countries.
11.2. If you choose to access the Site from outside these areas, such access will be on your own initiative. You will be solely responsible for ensuring compliance with local laws, rules, ordinances, and regulations, as well as these Terms and Conditions. Please be aware that any access to the Site from jurisdictions where its contents are illegal or strictly regulated is strictly prohibited.
11.3. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site.
12. Technology, Security, and User Responsibilities
12.1. Users are responsible for maintaining the confidentiality of their sign-in information and device necessary to access the Platform. Should there be any breach, suspected breach, or unauthorized use of their login credentials, users are obligated to notify NOTT immediately.
12.2. While NOTT strives to make the Platform and the Products broadly accessible and useful, we do not guarantee that the Platform and the Products are appropriate or available for every audience or every location. It is possible that accessing the Platform might not be legal in certain jurisdictions. Users who choose to access the Platform or the Products from such locations do so on their own initiative and are solely responsible for compliance with local laws.
12.3. NOTT reserves the right to remove or restrict access to the Platform or the Products for Users who fail to adhere to our guidelines, or who disrespects NOTT staff, other users, or the community at large.
12.4. Our services and the Products are primarily facilitated through the Platform. Users are responsible for ensuring that they possess the necessary hardware, software, and internet connectivity to fully utilize the Platform. Detailed technology requirements will be provided at the time of purchase, and Users must verify their ability to meet these requirements prior to purchase or opening their account or both.
12.5. NOTT is not responsible for any service interruptions or errors that arise from circumstances outside of our control. This includes, but is not limited to:
(i) loss of connectivity or service interruptions on NOTT’s end or the User’s end;
(ii) technical difficulties, glitches, or other problems with the the Platform or the Products;
(iii) issues with the User’s personal hardware, software, or internet connection.
12.6. In any such instances, NOTT will strive to resolve the issue promptly but cannot be held accountable for any resulting difficulties in accessing our Services or associated materials.
13. Accounts Creation and Management; Site Access and Security
13.1. Account Creation and Management
When you create an account on our Site, you affirm that information you provide is accurate, comprehensive, up-to-date and that you are legally allowed to use the Products, the Platform; provided that if you are younger than 18 years old, written permission from your legal guardian. Any account with inaccurate, incomplete, or obsolete information may be terminated immediately.
You are responsible for maintaining the confidentiality of your passkey, and for restricting access to your devices. You accept responsibility for all activities that occur under your account, whether your password is for our Site or a third-party service. You are obligated to notify us immediately of any security breach or unauthorized use of your account.
14. Accessing the Site and Account Security
14.1. We reserve the right to modify, withdraw, or discontinue the Site and any service or material we provide in association with the Site, at our sole discretion without prior notice. We shall not be liable if for any reason all or any part of the Site or online content is unavailable at any time or for any period. Please note, the Site may depend on third-party applications that we use or that you have provided.
14.2. You are responsible for:
Making all arrangements necessary to access the Site.
Ensuring that all individuals who access the Site through your Internet connection are aware of these Terms and Conditions and our Privacy Policy and comply with them.
14.3. Some resources or features of the Site may require you to provide certain registration details or other information. If you choose not to provide such information, your access to certain content or participation in certain features may be limited or prohibited.
14.4. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information providing you access to the Site. NOTT is not liable for any loss incurred as a result of someone else using your password or account, either with or without your knowledge. We also bear no responsibility for any delay in shutting down your account after you have reported a security breach to us.
14.5. The information you provide, including through the use of interactive features on the Site, is governed by our Privacy Policy. By registering with the Site or providing information, you consent to all actions we take regarding your information, consistent with our Privacy Policy.
15. Disclaimer of Warranties and Limitation of Liability
15.1. Limited Disclaimer for the Product
SUBJECT TO THE TERMS HEREIN, OUR PRODUCTS ARE NOT MEDICAL DEVICES, AND WE WARRANT THAT WHEN YOU PURCHASE PRODUCTS FROM THE SITE, THEY WILL BE FREE OF MATERIAL AND WORKMANSHIP DEFECTS FOR ONE (1) YEARS FROM YOUR PURCHASE DATE (THE “WARRANTY PERIOD”). If we replace a product during this period, the replacement won’t have an extended warranty. This warranty is only for the original purchaser and cannot be transferred. We can change this warranty, but changes will not affect past purchases.
15.2. Availability, Errors, and Inaccuracies
We strive for accuracy, but cannot guarantee that everything on the Site will always be available, accurate, or up-to-date. There might be errors, omissions, or outdated info. If a product’s price is wrong, we will correct it. Just because a product or service is listed, does not mean we endorse or recommend it.
16. Using Mobile Devices
16.1. Using the Site on a mobile might lead to extra charges by your service provider. Some providers or devices might also limit or block features on the Site. Not every feature may work with all devices or carriers.
16.2. You are responsible for understanding the terms of your mobile device and service agreement and for any mobile data or other fees that using the Site might incur. We recommend contacting your service provider for more details regarding these potential charges or restrictions. NOTT bears no responsibility for any additional charges, restrictions, or compatibility issues that may arise from mobile device usage.
17. No Guaranteed Outcomes
17.1. Users acknowledge that using the Site and the Platform does not guarantee any specific decision or result. NOTT does not make any promises, explicit or implied, that Users will improve health function by using the Site, the Product, or the Platform.
17.2. We offer tools and resources to help with health and wellness. But many factors affect your health and wellness, like your biology or environment, which we cannot control.
17.3. You pay us for using the Platform, regardless of your results. Any and all fees are for access, not outcomes.
18. Independent Status
18.1. NOTT operates as an independent technology company that offers Products. NOTT does not act as an agent or representative, and does not operate on behalf of any specific organization or entity.
18.2. NOTT’s mission is to provide the products and services that help our users manage their products and improve users’ wellness and health.
19. Code of Conduct
19.1. Users should understand that NOTT operates as a software and hardware company, and not as a medical provider.
19.2. Users, by using our Platform and the Site, pledge to adhere to the highest standards of integrity and honesty. This includes refraining from any act of dishonesty or deceit, such as plagiarism, fraud, or misrepresentation. Any such misconduct is neither endorsed nor condoned by NOTT.
19.3. Should we discover that any User has committed any act of dishonesty or misconduct while using our services, NOTT reserves the right to terminate such User’s access to our Platform and the Site immediately, without a refund. This commitment to ethical conduct is fundamental to the mission and values of NOTT, and we expect all Users to uphold this standard.
20. Monitoring, Enforcement, and Termination
20.1. We reserve the right to:
Pursue legal actions, including, but not limited to, notifying law enforcement authorities, for any illegal or unauthorized use of the Site.
Suspend or terminate your access to all or part of the Site for any reason or no reason at all, including, but not limited to, any violation of these Terms and Conditions.
20.2. In the enforcement of these Terms, we maintain the right to cooperate fully with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. BY USING THE PLATFORM, YOU WAIVE AND HOLD HARMLESS NOTT AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND CONTRACTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NOTT AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NOTT, OR LAW ENFORCEMENT AUTHORITIES.
20.3. Please be aware that we do not allow users to post material directly on the Site, and we do not review or host user-generated content. We cannot ensure prompt removal of objectionable material that may be posted elsewhere. As such, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
21. Updates to the Website
21.1. We regularly update and modify the content on the Site, however, we make no representation, warranty, or guarantee that the content on the Site is accurate, complete, or current at all times. The material on the Site may be out of date or may become out of date at any given time, and we are under no obligation to update or maintain the currency of such material. It is your responsibility to monitor changes to the Site and ensure that the information you rely upon is up to date.
22. Dependence on Information Provided
22.1. The information provided on or through the Site is made available exclusively for informational purposes and should not be used as the sole basis for making decisions without consulting primary, more accurate, or more timely sources of information. While we strive to keep the information on the Site up to date and correct, we make no representations or warranties of any kind, express or implied, about the accuracy, completeness, reliability, suitability, or availability of any information, products, services, or related graphics contained on the Site. Any reliance you place on such information is therefore strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We expressly disclaim any and all liability in connection with decisions made or actions taken based on the contents of the Site.
23. Limitation of Liability & Remedies
23.1. NOTT, its suppliers, or other third parties referenced on the Site shall not be liable for any damages of any kind (including, but not limited to, those resulting from reduced outcomes, service interruptions, or incorrect information) that exceed the lesser of the aggregate contract value of a single transaction by any User or fees paid to NOTT in the last 12 months. This limitation applies regardless of the legal theory the claim is based on, whether it be warranty, contract, tort, or otherwise, and whether or not NOTT has been advised of the potential for such damages. This includes, but is not limited to, your reliance upon opinions or information appearing on the Site, any computer viruses, information, software, linked websites operated by third parties, products or services obtained through the Site, whether based on a theory of negligence, contract, tort, strict liability, or consumer protection statutes, even if NOTT has been advised of the possibility of such damages. If your use of materials or information from the Site necessitates servicing, repair, or correction of equipment or data, you assume all costs thereof.
23.2. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NOTT DOES NOT MAKE ANY REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THE SITE, NOTT CONTENT, USER CONTENT, OR ANY OTHER SITE FEATURES, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE AND THE PURCHASE OF NOTT SERVICES REMAIN SOLELY WITH YOU. NEITHER NOTT, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE, WILL BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OR SITE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SITE, NOTT WEBSITES, OR THE INABILITY TO USE OR ACCESS A PROFILE OR ANY SPECIFIC PROFILE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
23.3. IF, NOTWITHSTANDING THE LIMITATIONS SET OUT ABOVE, NOTT IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THE NOTT’S LIABILITY WILL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO NOTT IN CONNECTION WITH SUCH TRANSACTION(S) ON THE SITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATED RISK BETWEEN YOU AND NOTT AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NOTT. THE LIMITATION SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
23.4. The limitation of liability set forth in this Section 31 shall not apply to the extent prohibited by applicable law. To the extent that the limitations of liability herein are not enforceable under applicable law, the Company’s liability shall be limited to the maximum extent permitted by such law. This Section 31 shall not affect any statutory rights that may not be disclaimed under applicable law.
23.5. NOTT does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification, or guarantee of any User Content. You shall not create or distribute information, including, but not limited to, advertisements, press releases, or other marketing materials, or include links to any sites which contain or suggest an endorsement by NOTT without the prior review and written approval of NOTT.
23.6. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23.7. In the event of a breach of these Terms relating to your purchase, you agree that your sole remedy shall be to pursue dispute resolution as stipulated in “Section 34. Arbitration” below. This remedy is intended to be your exclusive remedy for any breach of these Terms as it relates to your purchase.
24. Indemnification
24.1. You agree to indemnify, defend, and hold NOTT, along with its parent organizations, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, liens, damages, judgments, awards, demands, losses, costs, expenses or fees, including reasonable attorneys’ fees and costs that arise from or are related to your breach of these Terms and Conditions or your use of the Site. This includes, but is not limited to, your use of the Site’s content, services, and products beyond what is expressly authorized in these Terms and Conditions, or any violations of the same by any individuals under your control. It also includes any issues that arise from the use of any content--including User Content--that you have submitted, posted, transmitted, or otherwise provided to NOTT of the Site, or your use of any information obtained from the Site.
25. Dispute Resolution and Binding Arbitration
25.1. If there is any dispute between Users and the Company, you hereby agree to engage in a good faith mediation for at least 30 days (“Mediation”). This process aims to provide an informal forum to resolve any disputes, controversies, or claims. If Mediation fails to yield a resolution, then, and only then, shall the matter be escalated to binding arbitration.
25.2. Notwithstanding the foregoing, NOTT retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
25.3. You acknowledge and agree that you and NOTT are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and NOTT otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution and Binding Arbitration” section will be deemed void.
25.4. This arbitration agreement will survive the termination of your relationship with NOTT.
26. Time Limitation for Claims
26.1. YOU AGREE THAT ANY CAUSE OF ACTION, CLAIM, OR DISPUTE THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE, OR NOTT’S SERVICES (COLLECTIVELY, “CLAIM”) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. FAILURE TO INITIATE A CLAIM WITHIN THAT ONE (1) YEAR PERIOD WILL RESULT IN THE CLAIM BEING FOREVER BARRED, REGARDLESS OF ANY LAW TO THE CONTRARY. THIS PERIOD IS NOT EXTENDED IF NOTT CHOOSES TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE OR ITS SERVICES FOR ANY SUSPECTED OR ACTUAL BREACH OF THESE TERMS AND CONDITIONS.
26.2. This section relating to the time limitation for claims will survive any termination of your access to the Site or NOTT’s services.
27. Waiver and Severability
27.1. No act, omission or delay by NOTT in exercising any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict that further exercise of that or any other right or remedy by NOTT. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
27.2. In the event that any provision of these Terms and Conditions is determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid and enforceable to the fullest extent permitted by law. If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining portions shall remain in effect and the invalid or unenforceable provision will be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.
27.3. This clause shall not apply if the severance alters the basis nature of these Terms and Conditions or its contrary to public policy. In such cases, NOTT reserves the right to terminate your use of the Site, the Platform. and its services.
27.4. Additionally, Users have the prerogative to initiate termination through their account profile settings. However, it is imperative to understand that certain provisions or consequences may still apply post-termination, depending on the nature of User’s engagement and any previous agreements.
28. Entire Agreement; Force Majeure
28.1. The Terms and Conditions, Privacy Policy, and any other guidelines, rules, or operating policies that NOTT may post on the Site, or provide to you from time to time, constitute the complete and exclusive understanding and agreement between you and NOTT concerning your use of the Site, and supersede and govern over all prior written and verbal agreements, representations, and understandings related to the Site.
28.2. No partnership, joint venture, franchise, or agency relationship is intended or created between you and NOTT by these Terms and Conditions. Neither party has the power to obligate or bind the other beyond what is established in this agreement.
28.3. If NOTT is prevented from carrying out its obligations under these Terms and Conditions due to circumstances beyond its reasonable control, including but not limited to acts of God, war, fire, riot, terrorism, earthquake, government mandates, or other similar events, this will not be deemed a breach of these Terms and Conditions. Upon occurrence of a Force Majeure event, NOTT will be excused from any further performance or obligation of the affected obligation for as long as such circumstances persist, and such non-performance shall not constitute a breach of this agreement.
29. Your Comments and Concerns
29.1. We value your feedback and comments and are always interested in learning about ways we can improve your experience on our Site. Please direct all feedback, comments, and other inquiries to info@nott.ai.
29.2. For prompt resolution of your issues, please include as much detail as possible in your communication, including specifics about your issue, error messages, and any steps you have already taken to attempt to resolve the issue. We aim to respond to all communications within a reasonable timeframe.
30. Effective Date and Updates
30.1. The Terms and Conditions herein are effective as of [December 1], 2023. As our business evolves, NOTT reserves the right to revise, modify, or update these Terms at any time in our sole discretion. When we make changes, we will update the date at the top of the Terms and, in some cases, we may provide additional notice such as adding a statement to our homepage or sending you an email notification 7 days in advance for new functionality, security updates, bug fixes, and a court order.
30.2. Please ensure you review these Terms periodically to stay informed about any modifications. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. If you do not agree to the amended Terms, you must stop using the Site.
30.3. Please note that we reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and Our Privacy Policy.