Last Updated: 02/22/2023
StimScience Inc., in Berkeley, CA, is the manufacturer of the Somnee headband, the operator of the Somnee Sleep Service and Somnee App, and the operator of the StimScience.com and TrySomnee.com websites (the “Websites”). StimScience, which may be referred to in this Privacy Notice as “StimScience,” “we,” or “us”, provides this Privacy Notice to inform visitors to our Websites and users (“you”) of our products, services and Websites (collectively, the “Services”) of our policies and procedures regarding the collection, use and disclosure of information received from or about you.
StimScience will not sell your information to a third party or use it in advertising. We may share your information with selected third parties solely to facilitate your relationship with us, as further described below.
By using our Services, you are acknowledging the terms of this Privacy Notice and consenting to our processing of your information as set forth in this Privacy Notice now and as amended by us from time to time. “Processing” means using or handling information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information and transferring it within the United States and internationally.
Biometric Information. StimScience collects biometric data. The data we collect includes passive brain measurements and motion data collected with the Somnee headband. This biometric data may be used to track the duration of your sleep each night, your brain activity before and during sleep, and your motion before and during sleep. In addition, we may ask you to provide subjective or behavioral information about your sleep and your usage of the Somnee headband.
Personally Identifiable Information. Personally Identifiable Information (“PII”) is information that can be used to identify you. In connection with the use of our Services, PII that we may collect includes your name, email address, age, mailing address, telephone number, credit card data and IP address.
Methods of Data Collection. In general, it is not necessary to provide us with PII in order to view our Websites. If you wish to be placed on our mailing list to receive additional information about our Services, you will be asked to provide your name and email address. Optionally, you can provide your telephone number.
If you order Services from our Websites, you must provide your name, credit card information, email address and physical address, and optionally, your telephone number.
Most of the information we collect is specifically provided by users of our Services. Some information is collectively passively. For example, when you use the Somnee headband, biometric data is automatically transmitted to a cloud service. Our online applications collect IP addresses from your devices.
If you contact us by email through the Websites, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us or is contained in your message, to respond to you. Please do not provide us with any sensitive information.
Purpose. Our primary goal in collecting information is to monitor and improve our Services, respond to your inquiries and to provide you with information that you request from us via your use of the Services.
Certain information, such as name, address and credit card data, is necessary to fulfill orders and facilitate payment for our Services.
Biometric data may be used for future product development, regulatory purposes, and scientific journal submission.
Your choices and access to your information
Required Information. Except for telephone numbers, the information requested of you when using our Services is mandatory. If you do not wish to provide such information, you will not be able use those Services.
Changing or Deleting Information. If you want to know the PII or Biometric information we hold about you, or to have us delete such information, or to modify your PII, please contact us via our Contact page with your request. We’ll take steps to honor your request as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Marketing Information. We regularly send out emails to our customers to keep them updated on new and improved Services and tips for using our Services as well as providing promotional offers. If you do not wish to receive these emails, you will have the ability to unsubscribe.
Information Sharing and Disclosure
Service Providers. StimScience may employ third party companies and individuals to facilitate the provision of Services via the Websites or otherwise, or to perform certain Website-related services (e.g., hosting and maintenance services, database management and improvement of the Websites’ features). We may from time to time share your PII with such third parties to administer or complete these tasks. These third parties shall only have access to your information as necessary to perform their functions and may not use it for any other purpose.
Sharing of Information. StimScience will not share PII with any third party whom it knows or reasonably should know plans to use the information to contact or track you or who may transfer the information to any other parties.
Compliance with Laws and Law Enforcement. If legally requested, StimScience may cooperate with government and law enforcement officials or private parties, to enforce and comply with the law. We may disclose any information about you, including PII, to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims or legal process (including subpoenas), to protect the property and rights of StimScience or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Business Transfers. If any or all of the assets of StimScience are acquired by, or merged with, another entity, we will share some or all of your information with such entity.
Information Security and Retention
Security. StimScience is very concerned about safeguarding the confidentiality of information that we collect about you (including your PII). We take reasonable administrative, physical and electronic measures designed to protect your information from unauthorized access, use or disclosure. Biometric data is pseudonymized (linked to age, time zone, and a customer identifier, but separated from your PII). That data is stored in a password protected system that can only be accessed by members of our neuroscience team, as designated by our CTO. Billing data is stored in password protected third party systems. The data can only be accessed by a limited number of individuals within the company, on a need to know basis.
Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Retention. Our intent is to only retain your data for so long as it is useful to us. To that end, we periodically purge our files of outdated information.
Responding to Do Not Track Signals. Our Websites do not have the capability to respond to “Do Not Track” signals received from various web browsers.
Third Party Sites. This Privacy Notice only applies to our Services and does not apply to any third-party websites, products, applications or services, even if they are accessible through our Services. If you are linked to our Websites from a third party website or application, be aware that StimScience has no control over the data privacy practices of such websites or applications.
Our Policy Towards Minors. Our Websites and other Services are not directed to children under age 18. If a parent or guardian becomes aware that his or her child has provided us with PII without their consent, please contact us via the contact page.
Changes in this Privacy Notice. This Privacy Notice may be updated from time to time at our discretion. We will notify you of any material changes by posting the revised Privacy Notice on this Website and updating the “Last Updated” date. You are advised to consult this Privacy Notice regularly for any changes we have made to it.
Please submit any questions or comments about this Privacy Notice or our use of your PII via email to firstname.lastname@example.org.
Effective as of February 22, 2023
StimScience Inc. (“StimScience”) has developed a proprietary system which uses light electric stimulation to promote sleep utilizing a specially designed device (“Somnee”), in combination with personalization of the stimulation settings and monthly replenishment of Somnee electrodes (the “Somnee Subscription”).
Requirements to Use the Service
The Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories and possessions. Furthermore, the Service is only offered to users who (i) are not incapable of giving consent, (ii) are not pregnant or possibly pregnant, (iii) are not utilizing an active implanted medical device, (iv) do not have a skull defect or any implant in his/her skull, and (v) do not have epilepsy or a history of seizures. By using the Service, you represent and warrant that you are of legal age to form a binding contract with StimScience and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
The Service may only be used with a Somnee manufactured, distributed, or sold by or on behalf of StimScience. You may not connect to the Service with any device that is not manufactured, distributed, or sold by or on behalf of StimScience (such as a knock off or counterfeit version of Somnee); otherwise intends to resemble or purports to be a Somnee; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service.
Account; Account Security
To use the Service, you must create an account by providing us with a valid email address. You can access your account information at any time through the Service. You agree that you will supply truthful, accurate and complete information to StimScience, and that you will update such information promptly in the event that it changes. If you are using the Service on an enterprise level for multiple individual user accounts, then you shall designate one user as the administrative user who shall be responsible for registering and, if desired, editing the account information. Any change in the designation of the administrative user must be submitted to StimScience by the current administrative user. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, StimScience may terminate your use of the Service.
You are responsible for maintaining the confidentiality of your account and for all activities which occur through the use of your account. You agree to: (i) immediately notify StimScience of any unauthorized access to or use of your account or any other breach of security; and (ii) ensure that you secure your account, computer and mobile device from third party access. StimScience will not be liable for any loss or damage arising from your failure to comply with this Section.
Grant of a Limited License
You agree that you will not and will not permit any party to:
- modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service;
duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through Service;
frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of StimScience without our express consent;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information from or through the Service, or any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
use the Service for illegal, harassing, unethical, or disruptive purposes;
As between you and StimScience, all software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein are owned solely and exclusively by StimScience and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. StimScience and its licensors reserve all rights in connection with the Service and its content including, without limitation, the exclusive right to create derivative works therefrom. Except for the limited license granted to you in Section 3, you have no right, title or interest in or to the Service and any such content.
The Somnee name and all related names, logos, product and service names, designs and slogans, are trademarks of StimScience or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by StimScience.
Third Party Websites, Apps or Resources
The Service may provide links to other websites, apps or resources by third parties (“Third Party Sites”). These Third-Party Sites are provided for your convenience only and are not reviewed, controlled, examined, sponsored, or endorsed by StimScience and StimScience is not responsible for the information, advertising, products, resources or other material of any Third-Party Site, or any link contained in a Third-Party Site. YOUR USE OF ANY SUCH THIRD-PARTY SITES IS AT YOUR OWN RISK. None of the StimScience Parties (as defined in Section 13) shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on any Third-Party Sites.
Consult Your Doctor Before Using the Service
Our goal is to provide a useful Service, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available on the Service. The accuracy of the data collected and presented through the Service is not intended to match that of medical devices or scientific measurement devices. The Service is intended to be used for general wellness, and is not to be used for the diagnosis, cure, prevention, or treatment of any disease or medical condition. Seek the advice of your physician or health care provider before using the Service, if you have questions or concerns about sleep health, and never disregard professional medical advice or delay in seeking it because of the Service. You should not use the Service if you:
- are not capable of giving consent;
are a woman who is pregnant or possibly pregnant (neurostimulation has not been thoroughly studied in pregnant women);
have an active, implanted medical device such as a pacemaker, defibrillator, or other neurostimulator;
have a skull defect (i.e., plate in the skull or previous reconstructive skull surgery) or any implant in the portion of the skull overlying the brain (neurocranium); or
- have epilepsy or a history of seizures.
Furthermore, Somnee should not be used in any way contrary to the instructions for use provided by StimScience. Somnee and its electrodes should not be used over broken skin.
If you experience a medical emergency, stop using the Service and consult with a medical professional. We are not responsible for any health problems that may result from sleep programs, consultations, products, or events you learn about through the Service. If you engage in any sleep program you receive or learn about through the Service you agree that you do so at your own risk and are voluntarily participating in these activities.
Alerts and Notifications
As part of your use of the Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Notice of Infringement – DMCA Policy
Anyone who believes that his or her work has been reproduced in the Service in a manner which constitutes copyright infringement may submit a notification to StimScience’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
- information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. If you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by mail to: StimScience Inc, attn: Copyright Agent, 2115 Milvia Street, Suite 400, Berkeley, CA 94704; or by email to email@example.com. StimScience will respond expeditiously to claims of copyright infringement using the Service that are reported to StimScience’s copyright agent in the notification explained above. It is StimScience’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
As a user of the Service, we may ask you from time to time for your input and feedback regarding the Service, or for other information relating to your experiences and practices relating to the Service. Any such input, feedback or information you provide will become our property and you assign all rights in such input, feedback and information to us, and we may use that information for our business or other purposes, including without limitation continuing to improve the Service.
Warranty; Warranty Disclaimer
The Service may be temporarily unavailable from time to time for maintenance or other reasons. StimScience shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any other content made available via the Service.
EXCEPT FOR THE WARRANTIES SET FORTH BELOW WITH RESPECT TO SOMNEE AND THE SUPPORT SERVICES PROVIDED TO YOU BY STIMSCIENCE, YOU ACKNOWLEDGE AND AGREE THAT (A) THE SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND (B) NONE OF STIMSCIENCE, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, LICENSORS, SUPPLIERS OR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SERVICE (THE “STIMSCIENCE PARTIES”) MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE STIMSCIENCE PARTIES ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, YOUR DEVICE IN CONNECTION WITH YOUR VIEWING OF OR ACCESS TO OR USE OF THE SERVICE.
StimScience warrants to the original purchaser that your Somnee shall be free from defects in materials and workmanship under normal use for a period of six (6) months from the date of purchase (the "Warranty Period"). This Limited Warranty is valid only in the jurisdictions where the Products are sold by StimScience itself.
If a hardware defect arises and a valid claim is received by StimScience within the Warranty Period, StimScience will, at its option and to the extent permitted by law, either (1) repair Somnee at no charge, using new or refurbished replacement parts or (2) replace Somnee with a new or refurbished Somnee. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
This Limited Warranty does not cover software embedded in Somnee and it does not cover the Somnee Subscription or Somnee App. This Limited Warranty applies only to Somnee manufactured by StimScience that can be identified by the “Somnee” trademark, trade name, or logo affixed to it. Furthermore, this Limited Warranty does not apply to any (a) Somnee products and services other than the Product, (b) non-Somnee hardware product, (c) Products purchased from any party other than StimScience, (d) Products purchased through online auctions, or (e) consumable spare parts and accessories (unless they are found to be non-functional or broken upon purchase of Somnee), such as electrodes, pouches, lanyards, cases and case parts.
This Limited Warranty does not apply to Somnee or part of Somnee that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of StimScience.
Somnee is hand-washable with water or mild cleaners, and the electronics should be removed from the headband prior to cleaning. Any damage resulting from machine washing, submersion in water, or use of abrasive or chemical cleaners will void the Limited Warranty.
Limitation of Liability
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of StimScience Parties shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Dispute Resolution and Governing Law
- Restrictions. You and StimScience agree that any arbitration shall be limited to the Dispute between StimScience and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the state courts of California or the United States District Court for the Northern District of California, and you hereby agree to submit to the personal jurisdiction of that court.
- Exceptions to Informal Negotiations and Arbitration. You and StimScience agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or StimScience’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
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No Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Headings. The section headings used herein are for reference only and shall not be read to have any legal effect.