SOMOS Terms of Use

PLEASE READ THESE TERMS CAREFULLY. THEY FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND SOMOS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, DESCRIBED IN SECTION 10.

1. What SOMOS Is

SOMOS operates a technology platform that connects you with independent, licensed sleep medicine physicians, behavioral sleep clinicians, and other healthcare professionals ("Providers"), some of whom practice through SOMOS-affiliated professional entities and some of whom are independent practices that use the SOMOS platform. SOMOS also facilitates access to at-home diagnostic testing, connected devices, a behavioral sleep (CBT-I) program, and related administrative and billing functions.

SOMOS itself does not practice medicine. Clinical decisions, diagnoses, and treatment are made solely by your Provider, who is responsible for the care they deliver to you. Nothing in these Terms creates a doctor-patient relationship between you and SOMOS as a company.

2. Eligibility

You must be at least 18 years old, or the age of majority in your state, to create an account. You represent that all information you provide is accurate, that you are located in a state where the Services are offered, and that you will use the Services only for lawful purposes.

3. Services and Providers

Providers accessed through SOMOS are independent professionals or independent practice entities responsible for their own clinical judgment, licensure, and standard of care. SOMOS does not guarantee that any particular Provider will accept you as a patient, and we do not control or supervise the practice of medicine by any Provider.

Where SOMOS facilitates at-home sleep testing, wearable or connected-device data ingestion, or a CBT-I program, those tools are intended to support, not replace, your relationship with your Provider. Information generated through the Services is not a substitute for in-person evaluation where your Provider determines that is necessary, and you should not delay seeking emergency care because of anything you access through the Services.

4. Fees and Payment

Fees for Services will be disclosed to you before you are charged, whether billed by SOMOS on behalf of a Provider, directly by a Provider entity, or through your insurance. Where a Service is billed to insurance, you remain responsible for any deductible, copay, coinsurance, or non-covered amount. We may use third-party payment processors, and your payment information will be handled subject to their terms in addition to these Terms.

5. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized use. You may not let another person use your account to obtain services intended for you, and you may not use another person's account without permission.

6. Prohibited Conduct

You agree not to: provide false or misleading information; impersonate any person or entity; attempt to access another user's account or data; scrape, mine, or systematically extract data from the Services; interfere with or disrupt the Services; or use the Services for any unlawful purpose, including attempting to obtain controlled substances or other treatment through misrepresentation.

7. Your Information

Our collection, use, and disclosure of information about you, including health information, is described in our Privacy Policy and, for protected health information, our Notice of Privacy Practices, both of which are incorporated into these Terms by reference. By using the Services, you agree to those practices.

8. Intellectual Property

The Services, including all software, text, graphics, logos, and content (excluding your own submitted content), are owned by SOMOS or our licensors and protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any part of the Services without our written permission.

9. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOMOS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE FULLEST EXTENT PERMITTED BY LAW, SOMOS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO SOMOS IN THE SIX MONTHS BEFORE THE CLAIM AROSE. SOME STATES DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

Nothing in this section limits any liability that cannot be limited under applicable law, including liability for a Provider's professional negligence, which is governed by applicable medical malpractice law rather than this Agreement.

10. Dispute Resolution and Arbitration

Except for claims that qualify for small claims court or claims for injunctive relief, you and SOMOS agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding, individual arbitration rather than in court, and that neither party may bring a claim as a plaintiff or class member in any class or representative proceeding. This agreement is governed by the Federal Arbitration Act. Arbitration will be administered by a mutually agreed arbitration provider under its rules then in effect. You may opt out of this arbitration provision by notifying us in writing within 30 days of first accepting these Terms.

This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles, except as the Federal Arbitration Act applies to Section 10.

11. Termination

We may suspend or terminate your access to the Services at any time, for any reason, including violation of these Terms. You may stop using the Services at any time. Provisions that by their nature should survive termination, including Sections 8, 9, 10, and 12, will survive.

12. Indemnification

You agree to indemnify and hold SOMOS harmless from claims, losses, and expenses, including reasonable attorneys' fees, arising from your breach of these Terms or your misuse of the Services.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date and, where required by law, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

14. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with our Privacy Policy and Notice of Privacy Practices, constitute the entire agreement between you and SOMOS regarding the Services.

15. Contact Us

SOMOS Health, Inc. [ADDRESS], Richmond, Virginia [ZIP] [EMAIL] · [PHONE]