TERMS OF SERVICE | NM Thera

SOKY Rx Co-Development Program Terms and Conditions

Effective Date: November 14, 2024

Please read these Terms and Conditions ("Terms") carefully before enrolling in the SOKY Rx Co-Development Program ("Program"). By enrolling, you acknowledge and agree to be bound by these Terms and that participation is voluntary and subject to the conditions outlined below.

1. Program Overview and Tier-Specific Agreements

The SOKY PRO Co-Development Program offers two tiers of membership:

Supporter Tier ($0): Members receive updates on product development, access to exclusive insights, special pricing on SOKY PRO products, and an invitation to participate as advocates and early adopters.
Co-Developer Tier ($500): Members receive all Supporter benefits, in addition to exclusive prototype access, product testing opportunities, and involvement in shaping future iterations of SOKY PRO products.

Certain terms and conditions apply specifically to one tier and will be noted as such below.

2. Research Device and Intended Use (Applies to Co-Developer Tier Only)

SOKY PRO prototypes provided to Co-Developers are research and development tools. They are not intended, marketed, or approved for therapeutic purposes. While the prototypes may support functionality such as iontophoresis or electrotherapy modalities (e.g., TENS, EMS), their use for treating medical conditions is neither endorsed nor advised by NM Thera.

Participants agree to use the prototypes strictly for research purposes and acknowledge that NM Thera disclaims liability for adverse effects arising from therapeutic or medical use of the prototypes.

3. Physical Product Delivery (Applies to Co-Developer Tier Only)

NM Thera commits to delivering the physical products specified in the Co-Developer tier (e.g., latex mitts, silicone gloves, fill-ports, and adapters). While the Company will make reasonable efforts to adhere to estimated timelines, delivery dates are not guaranteed due to potential manufacturing, supply chain, or quality assurance delays.

Supporter tier members do not receive physical products and are excluded from this section.

4. Device Care and Maintenance (Applies to Co-Developer Tier Only)

Co-Developers are responsible for proper use and maintenance of SOKY PRO prototypes as per provided instructions. NM Thera disclaims liability for damage, deterioration, or functionality loss caused by improper handling, unauthorized modifications, or failure to follow usage guidelines.

5. Return and Refund Policy (Applies to Co-Developer Tier Only)

All sales for the Co-Developer tier are final. Membership fees, physical products, and associated benefits are non-refundable. Co-Developers acknowledge that their participation represents a voluntary, non-refundable commitment to support the development of SOKY PRO.

Supporter tier members are not subject to any fees and are excluded from this section.

6. Privacy and Data Usage (Applies to Both Tiers)

By enrolling, all participants consent to the collection and use of personal information, including feedback and usage data, for the purposes of product development and Program improvement. NM Thera handles personal data in compliance with applicable privacy laws and will not share participant information with third parties without explicit consent unless required by law.

For more details, refer to NM Thera’s Privacy Policy.

7. Participant Conduct (Applies to Both Tiers)

All participants are expected to engage respectfully and constructively in Program activities. Disruptive behavior, misuse of Program resources, or unauthorized sharing of proprietary information is strictly prohibited. NM Thera reserves the right to terminate membership without refund (for Co-Developers) or access (for Supporters) if participants violate these guidelines.

8. Confidentiality and Non-Disclosure (Applies to Both Tiers)

Participants in both tiers agree not to disclose proprietary information obtained through the Program, including product designs, specifications, or developmental updates. Breach of confidentiality may result in termination of membership and legal action.

9. Disclaimer of Regulatory Approval (Applies to Co-Developer Tier Only)

The SOKY PRO prototypes provided to Co-Developers have not been reviewed or approved by any regulatory authority. These devices are provided solely for research purposes, and NM Thera makes no claims regarding their safety or efficacy for medical or therapeutic use.

Supporter tier members do not interact with physical prototypes and are excluded from this section.

10. Liability Waiver and Assumption of Risk (Applies to Co-Developer Tier Only)

Co-Developers acknowledge the risks inherent in using developmental research prototypes and waive NM Thera, its affiliates, employees, and agents from liability for any injury, loss, or damage arising from participation in the Program.

Supporter tier members, who do not receive prototypes, are excluded from this section.

11. Intellectual Property and Feedback (Applies to Both Tiers)

Feedback, suggestions, or improvements shared by participants become the exclusive property of NM Thera. Participants grant NM Thera the right to use, modify, and incorporate feedback into its products or marketing materials without compensation. All intellectual property rights related to the SOKY PRO device and Program remain with NM Thera.

12. Program Modifications and Termination (Applies to Both Tiers)

NM Thera reserves the right to modify, suspend, or terminate the Program at its sole discretion. For Co-Developers, the Company’s obligations are fulfilled by delivering the physical products associated with the tier.

13. Governing Law and Dispute Resolution (Applies to Both Tiers)

These Terms are governed by the laws of the State of California. Disputes arising from these Terms or the Program will be resolved through binding arbitration in Orange County, California, in accordance with the rules of the American Arbitration Association.

14. Acceptance of Terms (Applies to Both Tiers)

By enrolling in the SOKY PRO Co-Development Program, participants acknowledge that they have read, understood, and agreed to these Terms. Continued participation constitutes acceptance of any updates or modifications communicated by the Company.

Contact Information

For questions, contact NM Thera, Inc. at hello@nmthera.com.