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Terms of Service

Effective Date: June 10, 2026

1. Acceptance of Terms

By accessing or using the website located at somnustech.ai (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site.

These Terms apply to all visitors, users, and others who access the Site. By continuing to browse or use the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future updates to them.

2. Description of Website and Services

The Site is operated by Somnus Technologies, Inc. ("Somnus," "we," "us," or "our"), a Wisconsin-headquartered company building the infrastructure layer for upper airway dysfunction. The Site is intended solely to provide general informational content about Somnus Technologies, its research and development activities, and its product pipeline, including HYPNARA™ and MORPHEX™AI.

Products described on this Site are not yet available for purchase through the Site or through any direct-to-consumer channel operated by Somnus Technologies. Our products are intended for use by and through licensed healthcare providers.

The information provided on this Site is for general informational and educational purposes only. It does not constitute professional medical advice, diagnosis, or treatment, and should not be used as a substitute for consultation with a qualified healthcare professional.

3. Medical Disclaimer

HYPNARA and MORPHEX AI are not yet FDA cleared and are not yet available for sale or clinical use in the United States or any other jurisdiction.

Nothing on this Site should be interpreted as:

  • A claim that any Somnus Technologies product is safe, effective, or suitable for any particular condition or individual;
  • Medical advice, a medical opinion, or a recommendation to pursue any specific treatment or procedure;
  • A substitute for the professional judgment of a licensed physician, surgeon, or other qualified healthcare provider.

If you have questions about snoring, obstructive sleep apnea (OSA), or any other medical condition, please consult a licensed healthcare professional. Do not delay seeking medical advice or disregard professional medical guidance based on information you have read on this Site.

Intended use and contraindications. Nightsong™, the Behavioral Sleep App, the Somnus Index, and related features are general wellness products intended only to help you track and maintain healthy sleep habits. They are not medical devices and are not intended for the diagnosis, cure, mitigation, prevention, or treatment of any disease or condition, including obstructive sleep apnea. They are not intended for use by individuals diagnosed with sleep apnea or using CPAP or oral appliance therapy. The app does not provide medical advice. Consult a qualified healthcare professional for any medical concern.

4. Intellectual Property

All content on this Site (including but not limited to text, graphics, logos, images, icons, data compilations, and software) is the property of Somnus Technologies, Inc. or its content suppliers and is protected by applicable United States and international copyright, trademark, and other intellectual property laws.

HYPNARA™, MORPHEX™AI, Nightsong™, BSA™, Somnus Index™, Somnus Provider Directory™, Somnus Bedside Node™, and Somnus-trained™ are trademarks of Somnus Technologies, Inc. All rights reserved. Unauthorized use of these marks, including in connection with products or services that could cause confusion or that disparage Somnus Technologies, is strictly prohibited.

You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site or its content without the express prior written permission of Somnus Technologies, Inc.

5. User Conduct

When using the Site, you agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
  • Attempt to gain unauthorized access to any part of the Site, its servers, or any system or network connected to the Site;
  • Transmit any content that is false, misleading, defamatory, obscene, or otherwise objectionable;
  • Use any automated tool, bot, spider, or scraper to access, index, or collect content from the Site without prior written consent from Somnus Technologies;
  • Attempt to interfere with the proper functioning of the Site, including by introducing viruses, malware, or other harmful code;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Use the Site to transmit unsolicited commercial communications.

We reserve the right to terminate or restrict access to the Site for any user who violates these Terms or engages in conduct that we determine, in our sole discretion, to be harmful to the Site, to Somnus Technologies, or to other users.

6. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOMNUS TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Somnus Technologies does not warrant that:

  • The Site will be uninterrupted, secure, or error-free;
  • Any information on the Site is accurate, complete, current, or reliable;
  • Any defects or errors will be corrected;
  • The Site or the servers that make it available are free of viruses or other harmful components.

Your use of the Site is at your sole risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMNUS TECHNOLOGIES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ANY CONTENT THEREON, EVEN IF SOMNUS TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF SOMNUS TECHNOLOGIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

The Site may contain links to third-party websites or resources that are not owned or controlled by Somnus Technologies, Inc. These links are provided for your convenience and informational purposes only. We have no control over the content, privacy practices, or policies of any third-party sites, and we do not endorse or assume any responsibility for them.

We encourage you to review the terms of service and privacy policies of any third-party websites you visit. Your access to and use of third-party websites is solely at your own risk.

9. Governing Law

These Terms and any dispute arising out of or related to them or your use of the Site shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Wisconsin, and you hereby consent to personal jurisdiction and venue in such courts.

10. Changes to Terms

Somnus Technologies reserves the right to modify or replace these Terms at any time at our sole discretion. When we make changes, we will update the "Effective Date" at the top of this page. Continued use of the Site following the posting of revised Terms constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically to stay informed of any updates. If any change is material, we may also take additional steps to notify users, such as posting a prominent notice on the Site.

11. Contact Information

If you have any questions or concerns about these Terms, please contact us at: [email protected]

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