Terms & Conditions
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 agree to be bound by these Terms and acknowledge that your participation in the Program is voluntary and subject to the conditions outlined below.
1. Program Overview and Agreement
The SOKY Rx Co-Development Program is designed to offer early supporters the opportunity to engage in the product development process for SOKY Rx. Membership tiers provide different levels of access, benefits, and engagement, as outlined on the product page. NM Thera, Inc. ("Company") intends to deliver the physical products and benefits specified in each membership tier. However, by enrolling in the Program, participants acknowledge that, due to the developmental nature of the product, certain benefits may be modified, replaced, or rescheduled at the Company’s discretion.
The Company’s minimum obligation is satisfied by the delivery of the physical products listed in the selected membership tier. All other benefits and features are supplementary and may be subject to change. Participants agree that by accepting the physical products, the primary transactional agreement is fulfilled.
2. Research Device and Intended Use
By participating in this Program, participants acknowledge and understand that SOKY Rx is a research tool designed for use in applications related to iontophoresis, TENS/EMS (Transcutaneous Electrical Nerve Stimulation/Electrical Muscle Stimulation), and general electrotherapy. NM Thera does not endorse or encourage any therapeutic use of SOKY Rx for treating medical conditions, despite the device’s capability to perform electrotherapy functions. This device is not a substitute for professional medical treatment, and NM Thera assumes no responsibility for any adverse health effects related to unauthorized therapeutic use.
3. Physical Product Delivery
NM Thera will make reasonable efforts to deliver the physical products outlined for each membership tier as promptly as possible. However, given the nature of the Co-Development Program, participants acknowledge and accept that delivery timelines are subject to change and may experience delays. While the Company will provide estimated delivery dates, the exact date of receipt for physical products is unknown and may vary due to factors beyond NM Thera’s control, including but not limited to manufacturing, supply chain issues, and quality assurance processes. NM Thera makes no guarantees regarding ongoing support or maintenance for research devices beyond initial delivery. Delays or unavailability of support do not constitute a breach of this agreement.
4. Device Care and Maintenance Responsibilities
Participants agree to take all reasonable steps to care for and maintain the SOKY Rx device and its components according to the instructions provided. NM Thera is not responsible for any damage, deterioration, or loss of functionality resulting from improper handling, lack of maintenance, unauthorized modifications, or negligence on the part of the participant. It is the participant's responsibility to ensure that the device remains in working order and to adhere to all maintenance guidelines.
5. Return and Refund Policy
All sales for the SOKY Rx Co-Development Program are final. Due to the nature of this research and development initiative, NM Thera does not offer refunds or accept returns for Program memberships, physical products, or benefits associated with any membership tier. Participation is voluntary, and members accept all terms as outlined. By enrolling, participants understand and agree that they are making a non-refundable commitment to support the development of SOKY Rx.
6. Privacy and Data Usage
NM Thera may collect certain personal information from participants for the purpose of Program communications, feedback analysis, and product development. By participating, you consent to NM Thera’s use of this information to improve the SOKY Rx product and Program. NM Thera will handle your data in compliance with applicable privacy laws and will not share your information with third parties without your consent, except as required by law. For further details on data handling, please refer to NM Thera’s Privacy Policy.
7. Participant Conduct and Prohibited Uses
Participants agree to engage in the SOKY Rx Co-Development Program in a constructive, respectful manner. This includes, but is not limited to, appropriate behavior in online forums, co-development sessions, and other interactions with the NM Thera community. Any disruptive behavior, misuse of Program resources, or unauthorized disclosure of confidential or proprietary information is strictly prohibited. NM Thera reserves the right to terminate membership without refund if a participant is found in violation of these guidelines.
8. Confidentiality and Non-Disclosure Agreement (NDA)
Participants agree to maintain confidentiality regarding any proprietary information, insights, or materials shared as part of the Co-Development Program. This includes, but is not limited to, product specifications, development timelines, and research findings. Unauthorized disclosure of confidential information will be considered a breach of this agreement, and NM Thera reserves the right to pursue legal action in such cases to protect its intellectual property and proprietary information.
9. Modification of Terms
NM Thera reserves the right to modify or update these Terms and Conditions at any time to reflect changes in the Program, regulatory requirements, or Company policies. Participants will be notified of significant changes, and continued participation in the Program after modifications constitutes acceptance of the revised Terms.
10. Disclaimer of Regulatory Approval
The SOKY Rx device provided through the Co-Development Program is a research tool and has not been approved or certified by any regulatory authority for therapeutic use. NM Thera does not make any claims regarding the safety or efficacy of the device for medical treatment, and participants understand that any use of the device for therapeutic purposes is at their own risk.
11. Assumption of Risk
By participating in the SOKY Rx Co-Development Program, participants acknowledge and accept any risks associated with the use of an experimental, early-stage product. Participants agree to assume all risks associated with product usage and development and release NM Thera from any claims related to these risks. Participation in this Program indicates an understanding of the potential limitations and risks inherent in a developmental research device.
12. No Guarantee of Therapeutic Outcomes
NM Thera makes no guarantee regarding the effectiveness of the SOKY Rx device for any therapeutic outcomes. Participants acknowledge that this is a research device, and NM Thera does not endorse or guarantee any specific results related to iontophoresis, TENS/EMS, or electrotherapy applications. Participants are solely responsible for the consequences of any therapeutic applications, which are outside NM Thera’s scope of responsibility and liability. The device is intended solely for research purposes, and any therapeutic use is outside the scope of NM Thera’s recommendations and liability.
13. Liability Waiver and Release
By participating in the SOKY Rx Co-Development Program, you agree to waive and release NM Thera, Inc., its affiliates, employees, and agents from any and all claims, demands, and causes of action arising out of or related to any injury, damage, or loss that may result from the use or misuse of the products provided. This waiver includes, but is not limited to, any adverse effects resulting from the combination of SOKY Rx with other devices, equipment, or solutions not specified or endorsed by NM Thera for use with SOKY Rx.
Participants understand that, while the products are designed with safety in mind, they are developmental in nature and may not have undergone the full extent of regulatory approvals and testing typically required for commercial medical devices. By accepting the product, you acknowledge that you are participating in a testing and feedback program and assume all risks associated with the use of an early-stage product. NM Thera disclaims liability for any therapeutic uses of the product and provides it solely as a research device.
14. Intellectual Property and Feedback
As a participant in the Co-Development Program, you may provide feedback, suggestions, or comments regarding the SOKY Rx product ("Feedback"). By providing Feedback, you agree that NM Thera may freely use, modify, and incorporate it into its products, services, or marketing materials without compensation or acknowledgment to you. All intellectual property rights related to the SOKY Rx product and the Program, including any improvements or modifications arising from the Program, remain the exclusive property of NM Thera, Inc.
15. Program Modifications and Termination
NM Thera reserves the right to modify, suspend, or terminate the Program at any time without prior notice. In the event of Program termination, the Company’s obligations will be deemed fulfilled upon delivery of the physical products specified for each membership tier, with any supplementary benefits considered ancillary.
16. Program Eligibility
The SOKY Rx Co-Development Program is open only to individuals aged 18 years or older. By enrolling, participants represent and warrant that they meet this eligibility requirement.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Program will be resolved through binding arbitration in Orange County, California, as per the rules of the American Arbitration Association.
18. Acceptance of Terms
By enrolling in the SOKY Rx Co-Development Program, including by purchasing a membership, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, including the waiver of liability, the terms governing product usage, and the intended use of SOKY Rx as a research device. Your continued participation in the Program indicates acceptance of any updates or changes to these Terms, which may be communicated via email or the Program’s official website.
​
Contact Information:
For questions regarding the SOKY Rx Co-Development Program Terms and Conditions, please contact NM Thera, Inc. at hello@nmthera.com