Terms of service

You may not access or use the Services if you have been previously suspended or terminated from the Services by NoctIQ, or if your use would violate any applicable law or regulation.

3. Description of Services

3.1 Overview

NoctIQ offers a smart anti-snore pillow designed to detect snoring events and automatically adjust internal inflation levels to help reduce snoring. The Pillow works in conjunction with a companion mobile application and the NoctIQ website to deliver a comprehensive sleep wellness experience.

3.2 Pillow Functionality

The Pillow utilizes embedded sensors and proprietary algorithms to detect snoring sounds, intensity, and user positioning. Upon detection of a snoring event, the Pillow automatically adjusts its inflation level to modify the user's head and neck position. The degree and effectiveness of snoring reduction may vary among users and is not guaranteed.

3.3 Mobile Application

The App provides sleep data visualization, pillow settings configuration, snoring event tracking, and on-device audio recording for personal review. Audio recordings are processed and stored exclusively on the user's device and are never uploaded to or stored on NoctIQ servers.

3.4 Website

The Website provides product information, customer support resources, e-commerce functionality, account management, and subscription management.

3.5 Data Collection for Service Optimization

NoctIQ collects certain non-audio sleep and device performance data to provide personalized sleep recommendations, optimize Pillow performance, improve the Services, and conduct analytics. NoctIQ does not collect, upload, or store any user audio recordings on its servers.

3.6 Service Availability

NoctIQ does not warrant that the Services will be uninterrupted, timely, secure, or error-free. NoctIQ is not responsible for any delays, delivery failures, or other damages resulting from internet, electronic communications, or connected hardware limitations.

4. Mobile Application Subscriptions and License

4.1 License Grant

Subject to your compliance with these Terms of Service, NoctIQ grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the NoctIQ mobile application on a single mobile device owned or controlled by you, solely for your personal, non-commercial use.

4.2 Subscription Terms & Auto-Renewal

NoctIQ offers premium tiers of service on a subscription basis (monthly or annually). By signing up for a premium subscription, you agree to the following:

* *Auto-Renewal:* Your subscription will automatically renew at the end of each billing cycle (monthly or annually) at the then-current price, unless you cancel it at least 24 hours before the renewal date.

* *Payment Processing:* If you purchase a subscription inside the mobile application (In-App Purchase), billing is handled directly by the Apple App Store or Google Play Store. If you purchase a subscription on our website, billing is handled via our direct web payment processor (Shopify/Stripe). 

* *Cancellation:* You may cancel your subscription at any time. For In-App Purchases, cancellation must be managed through your mobile device’s built-in store subscription account settings. For web purchases, cancellation must be completed via your account profile on noctiq.com. Deleting your mobile account or removing the app from your phone does not cancel your recurring subscription.

4.3 App Store Platform Disclaimers (Apple and Google)

You acknowledge and agree that these Terms are concluded solely between you and NoctIQ, and not with Apple Inc. or Google LLC. NoctIQ, and not the respective app stores, is solely responsible for the mobile application and its content. 

* To the maximum extent permitted by applicable law, neither Apple nor Google will have any warranty obligation whatsoever with respect to the application.

* You agree that NoctIQ, and not Apple or Google, is responsible for addressing any claims related to the application, including product liability, intellectual property infringement, or legal non-compliance.

5. Account Registration

5.1 Account Creation

To access certain features of the Services, you must create a user account by providing a valid email address and creating a password. You may also be asked to provide optional profile information to enhance personalization.

5.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

5.3 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials. You agree to immediately notify NoctIQ of any unauthorized use of your Account or any other breach of security.

5.4 Account Responsibility

You are responsible for all activities that occur under your Account, whether or not authorized by you.

5.5 Suspension and Termination

NoctIQ reserves the right, in its sole discretion, to suspend or terminate your Account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent or unlawful activity, or extended inactivity.

6. Subscriptions and Payments

6.1 Subscription Plans

NoctIQ may offer subscription-based access to certain premium features. The specific features, pricing, and duration of each plan are described at the point of purchase and may be modified from time to time.

6.2 Product Purchases

The Pillow and related accessories are available for purchase through the Website. E-commerce functionality is powered by Shopify, Inc. Your purchase is subject to Shopify's terms of service and any additional terms presented at checkout.

6.3 Payment Processing

All payments are processed by third-party payment processors. NoctIQ does not directly process, store, or retain your full payment card information.

6.4 Auto-Renewal

Unless you cancel before the end of the current billing period, your Subscription will automatically renew for successive periods of the same duration, and your payment method will be charged accordingly.

6.5 Cancellation

You may cancel your Subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing period. No partial refunds will be issued for unused portions, except as required by applicable law.

6.6 Refund Policy

All Subscription fees are non-refundable except as required by applicable law. Product refunds are governed by Section 6 of these Terms.

6.7 Price Changes

NoctIQ reserves the right to modify Subscription pricing at any time. Price changes to existing Subscriptions will take effect at the start of the next billing period following notice to you.

6.8 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for all such taxes, except taxes based on NoctIQ's income.

7. Product Sales and Shipping

7.1 Product Availability

Physical Products are available for purchase exclusively through the Website, subject to availability. NoctIQ reserves the right to limit quantities, refuse orders, and discontinue Products at any time.

7.2 E-Commerce Platform

Product sales are facilitated through Shopify's e-commerce platform. By placing an order, you agree to comply with Shopify's applicable terms of service and acceptable use policies.

7.3 Order Acceptance

Your placement of an order constitutes an offer to purchase. An order is not accepted until NoctIQ sends you an order confirmation via email. NoctIQ may cancel any order if a Product is unavailable, if there is a pricing error, or if NoctIQ suspects fraud or unauthorized activity.

7.4 Pricing and Errors

NoctIQ strives to ensure accuracy of product descriptions and pricing. If a Product is listed at an incorrect price, NoctIQ reserves the right to refuse or cancel any such order. If your payment method has been charged for a cancelled order, NoctIQ will issue a full refund.

7.5 Order Cancellation

Customers may request to cancel an order by contacting NoctIQ Customer Care as soon as possible after placing the order.
Cancellation requests are processed on a best-efforts basis. Submission of a cancellation request does not guarantee that an order can be cancelled.
Orders that have already been processed for shipment or shipped cannot be cancelled. Once an order has been shipped, the customer must follow NoctIQ's applicable Returns & Exchanges Policy if they wish to return the product.
If a cancellation request is successfully processed before shipment, NoctIQ will issue a refund to the original method of payment within 7 business days.
NoctIQ reserves the right to cancel any order at its sole discretion, including in cases involving pricing errors, suspected fraud, inventory availability, payment issues, or other circumstances requiring cancellation. If NoctIQ cancels an order before shipment, NoctIQ will issue a full refund of any amounts paid.

7.6 Shipping

NoctIQ will use commercially reasonable efforts to ship Products within estimated timeframes. Shipping dates are approximate and not guaranteed. NoctIQ shall not be liable for delays caused by the carrier, weather, natural disasters, or other circumstances beyond NoctIQ's reasonable control.

7.7 Risk of Loss

Title to and risk of loss for all Products passes to you upon delivery to the common carrier. NoctIQ is not responsible for any loss, damage, or delay that occurs after delivery to the carrier.

7.8 Returns and Exchanges

NoctIQ's return and exchange policy is set forth on the Website at https://www.noctiq.com/support. Products must be returned in their original condition and packaging within the timeframe specified. Shipping costs for returns may be the responsibility of the user, unless the return is due to a defect or NoctIQ error.

8. Audio Data and On-Device Processing

8.1 Audio Recording Feature

The App includes an optional feature that allows the App to record snoring audio using your mobile device's microphone. This feature is provided solely for your personal review and is designed to help you understand your snoring patterns.

8.2 On-Device Processing and Storage

All audio data captured through the Audio Recording Feature is processed and stored exclusively and locally on your device. NoctIQ does not upload, transmit, collect, access, or store any audio recordings on its servers or any third-party servers. Audio data never leaves your device as a result of the App's operation.

8.3 No Server-Side Audio Collection

For the avoidance of doubt, NoctIQ does not have access to, and does not collect, retain, process, or analyze, any audio recordings generated by the Audio Recording Feature. NoctIQ's servers do not receive any audio data, audio metadata, or audio-derived content from the App.

8.4 User Control

You retain full control over all audio data stored on your device. You may review, play back, and delete any audio recordings at any time through the App's settings. Deletion is permanent and cannot be undone by NoctIQ, as NoctIQ does not maintain copies of such recordings.

8.5 Microphone Permissions

The Audio Recording Feature requires your device's microphone permission. You may grant or revoke microphone access at any time through your device's operating system settings. If permission is revoked, the Audio Recording Feature will not be available, but all other features shall continue to function.

9. Data Collection and Use

9.1 Non-Audio Data Collection

NoctIQ collects certain non-audio data to operate, maintain, improve, and personalize the Services, including: (a) Sleep Performance Data: sleep duration, snore duration, number of snore events, snore decibels, snore type, snoring intensity, and breathing data; (b) Device and Pillow Data: inflation events, pressure sensor data, inflation data, firmware logs, and WiFi-connected device metadata; (c) Account Information: email address, password (stored hashed), and account preferences; and (d) Optional Profile Data: gender, age, weight, height, and sleeper type, if voluntarily provided.

9.2 Purposes of Data Use

NoctIQ uses collected data to provide and personalize the Services, optimize Pillow performance, conduct analytics and product development, communicate with you, detect and prevent security issues, and comply with legal obligations.

9.3 Exclusion of Audio Data

As set forth in Section 7, NoctIQ does not collect, upload, transmit, or store any audio recordings. The data collection practices described in this Section apply exclusively to non-audio data.

9.4 Privacy Policy

For a complete description of NoctIQ's data practices, please refer to our Privacy Policy, available at https://www.noctiq.com/privacy, incorporated into these Terms by reference.

10. Third-Party Services

10.1 Third-Party Providers

The Services may integrate with or rely upon third-party services including Shopify, Inc. (e-commerce), third-party payment processors, cloud hosting and infrastructure providers, analytics and performance monitoring providers, and customer support tools.

10.2 Independent Terms

Third-Party Services are governed by their own terms and privacy policies. NoctIQ is not a party to, and assumes no responsibility for, the terms, practices, or content of any Third-Party Services.

10.3 No Endorsement

The inclusion of any link to, or integration with, a Third-Party Service does not imply endorsement, approval, or recommendation by NoctIQ.

10.4 No Liability

NoctIQ shall not be liable for any loss, damage, or claim arising from or related to your use of, or reliance on, any Third-Party Service.

11. Intellectual Property

11.1 Ownership

All content, materials, software, firmware, algorithms, designs, text, graphics, logos, trademarks, service marks, patents, trade secrets, and other intellectual property associated with the Services ("NoctIQ IP") are and shall remain the exclusive property of NoctIQ or its licensors.

11.2 Limited License

Subject to your compliance with these Terms, NoctIQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website, App, and Pillow for your personal, non-commercial purposes.

11.3 Restrictions

You shall not copy, modify, adapt, translate, reverse engineer, disassemble, or create derivative works of any NoctIQ IP; remove or obscure any proprietary notices; use any NoctIQ IP for any commercial purpose without prior written consent; or use any NoctIQ trademarks, logos, or trade names without prior written consent.

11.4 Feedback

If you provide NoctIQ with any feedback, suggestions, or recommendations regarding the Services, you hereby grant NoctIQ a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such Feedback for any purpose without obligation or attribution to you.

12. User Conduct

12.1 Prohibited Activities

You agree not to: reverse engineer or attempt to discover the source code of the Services; gain unauthorized access to any systems or accounts associated with the Services; introduce malware, viruses, or other harmful code; use the Services for any unlawful or fraudulent purpose; use automated means to access or collect data from the Services without written consent; impersonate any person or entity; or circumvent any security features of the Services.

12.2 Enforcement

NoctIQ reserves the right, but is not obligated, to investigate and take appropriate action against any user who violates this Section, including suspending or terminating the user's Account, reporting to law enforcement, and pursuing legal remedies.

13. Disclaimers

14. Limitation of Liability

15. Indemnification

15.1 Indemnification by User

You agree to indemnify, defend, and hold harmless NoctIQ and the NoctIQ Parties from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your access to or use of the Services, your violation of these Terms or any applicable law, any content or information you provide, your negligence or willful misconduct, or any dispute between you and any third party relating to the Services.

15.2 Procedure

NoctIQ will promptly notify you of any claim subject to indemnification and will provide reasonable cooperation in the defense at your expense. NoctIQ reserves the right to assume the exclusive defense and control of any such matter.

16. Binding Arbitration and Class Action Waiver