Terms of Service

1. Acceptance of Terms

By communicating with us, accessing, or using the services, websites, or software applications (collectively, "Services"), of Neuromodulatory Devices & Applications or its affiliates (“Us,” “We,” or “Our”) you acknowledge and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Services or correspond with us.

2. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes to the Terms by posting them on Our website or via email notification to those with whom We have an ongoing business relationship. Your continued use of the Services after any changes will again signify your acknowledgment and acceptance of the revised Terms.

3. User Accounts

To use certain features of Our Services, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for any activity under your account. You agree to notify Us immediately of any unauthorized use or breach of security related to your account.

4. Privacy and Data Security

Whether you are a customer, third-party, or other individual or entity, We are committed to protecting your privacy and the security of your data as required in the particular context. Our Privacy Policy, which is fully incorporated into these Terms by reference, describes how We collect, use, and disclose personal information. By communicating with us or using Our Services, you consent to the practices described in Our Privacy Policy.

5. Security Controls

We implement and maintain reasonable security controls to protect your data from unauthorized access, use, or disclosure. These include administrative, physical, and technical safeguards in accordance with industry best practices and the SOC 2 Trust Services Criteria. However, We cannot guarantee absolute security, and We encourage you to take steps to protect your own information by using strong passwords and maintaining good security hygiene, safeguards, and practices.

6. Data Retention and Deletion

We retain personal data as long as necessary in connection with the purposes outlined in Our Privacy Policy and as required by law. Upon termination of your account or request for deletion, We will remove your personal information from Our systems in accordance with applicable legal requirements and Our internal data retention policies.

 

7. User Responsibilities

You agree to use the Services in compliance with all applicable laws, regulations, and industry standards, including but not limited to:

  • Not engaging in illegal activities or activities that violate these Terms.

  • Not interfering with or disrupting the security of Our Services.

  • Not attempting to gain unauthorized access to Our systems or any other user’s account.

8. Intellectual Property Rights

All content, trademarks, service marks, logos, and other intellectual property displayed on or made accessible through use of Our Services is owned by or licensed to Us. You may not reproduce, distribute, or create derivative works based on Our content without Our explicit written consent.

9. Termination or Suspension of Services

We reserve the right to terminate or suspend your access to Our Services at Our discretion, without notice, for any behavior that We deem a violation of any law or regulation, or these Terms, or which We determine in Our sole discretion is otherwise harmful to Us, you, or other users.

10. Limitation of Liability

To the maximum extent permitted by law, by using or accessing Our Services, you acknowledge and agree that We will not be liable to you or to any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use the Services. Our liability in any event whatsoever, if not completely eliminated by your agreement above, will be limited to the amount you have paid Us for the Services in the 12 months preceding the event which you contend resulted in damage or loss.

11. Indemnification

With the exception of intentional wrongdoing by Us, you agree to indemnify and hold Us, including Our affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of your use of, or inability to use, the Services, breach of these Terms by you or anyone with whom you are in privity, your violation of any regulation or law, or abridgment of the rights of any third party.

12. Governing Law and Dispute Resolution

Your communication with us, use of the Services, and these Terms will be governed by and construed in accordance with the laws of the State of California. Except as prohibited by governing law, any and all disputes arising out of or relating to these Terms or the Services, will be resolved through binding arbitration in accordance with the rules of Judicate West. The sole and exclusive venue for resolution of any and all disputes arising out of or related to these Terms or the Services, will be San Diego County, California. By using the Services, you submit to personal jurisdiction and venue in San Diego County, California, and irrevocably waive any and all objections thereto including, but not limited to, claimed lack of personal jurisdiction, forum non conveniens, or similar doctrine. To the extent any dispute is not arbitrable by virtue of applicable law, the sole and exclusive forum for judicial resolution shall be the state and federal courts in San Diego County, California.

13. Contact Information

If you have any questions about these Terms or Our Services or practices, or wish to communicate with us regarding any information, problem, or issue, or report same, please contact Us using one of the following channels best suited to the nature of your communication:

Email:  admin@ampahealth.com

Mail:   Neuromodulatory Devices & Applications
 501 W. Broadway St., Suite 1025

 San Diego, California, 92101

Appendix: SOC 2 Compliance and CC2.3 Considerations

To ensure compliance with SOC 2 CC2.3, Our organization has established the following security measures, which are designed to protect data integrity and confidentiality:

  • Access Controls: Role-based access, multi-factor authentication, and logging of user activity.

  • Data Encryption: Use of encryption technologies for data at rest and in transit.

  • Monitoring and Alerts: Continuous monitoring of Our network and infrastructure to detect unauthorized access and vulnerabilities.

  • Incident Response Plan: A formal incident response plan is in place to address security incidents in a timely and effective manner.

By using Our Services, you acknowledge that We are compliant with the Trust Services Criteria under SOC 2, and that We take reasonable steps to maintain the security and integrity of your data.