Terms of service

Effective Date: June 26, 2025


These Terms and Conditions ("Terms") govern your use of the NextSense Smartbuds device, the NextSense mobile application ("App"), and related services provided by NextSense, Inc. ("NextSense," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use the services.


1. Eligibility and Account Registration
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By creating an account or using the Services, you represent that you meet this requirement. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized access or use.


2. Health Disclaimer
NextSense SmartBuds and the App are wellness tools, not medical devices. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition. You should not rely on the Services as a substitute for medical advice from a qualified healthcare professional. If you have a health condition or are pregnant, consult your doctor before using SmartBuds or participating in any programs offered in the App.


3. Acceptable Use
You agree to use the Services only for lawful and personal purposes. You agree not to:

  • Copy, reverse engineer, decompile, or attempt to derive the source code of the App or firmware;
  • Interfere with or disrupt the Services or servers;
  • Use the Services in a way that violates applicable laws, including privacy laws;
  • Infringe on any intellectual property or proprietary rights of others.

We reserve the right to suspend or terminate your account if you violate these Terms.

 

4. Ownership and Intellectual Property
All content, features, and functionality of the Services—including the SmartBuds firmware, App, and site content—are the exclusive property of NextSense or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for personal, non-commercial use only.

 

5. User-Generated Content and Feedback
If you submit feedback, suggestions, or content (e.g., survey responses), you grant NextSense a royalty-free, worldwide license to use that content to improve or market the Services. You retain ownership of your content, and we will handle personal data in accordance with our Privacy Policy.

 

6. Updates and Modifications
We may update the Services—including the App and firmware—from time to time. These updates may include bug fixes, feature enhancements, or changes to improve functionality. Continued use after updates means you accept any changes.

 

7. Product Availability and Modifications
NextSense reserves the right to change, discontinue, or limit the availability of any part of the Services at our discretion and without notice.

 

8. Warranty Disclaimer
The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to fitness for a particular purpose, accuracy, reliability, and non-infringement. We do not guarantee that the Services will be uninterrupted or error-free, or that any information provided is scientifically validated beyond wellness insights.

 

9. Limitation of Liability
To the maximum extent permitted by law, NextSense and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages—whether based on contract, tort, negligence, or otherwise—arising from your use of the Services. In no event will our total liability exceed the amount you paid (if any) for the SmartBuds or App subscription in the 12 months preceding the claim.

 

10. Termination
You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Services. Upon termination, your license to use the Services will immediately end. Your data will be handled in accordance with our Privacy Policy.

 

11. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any legal dispute must be brought exclusively in the state or federal courts located in Santa Clara County, California.

 

12. International Users
If you access the Services from outside the United States, you are responsible for compliance with your local laws. You consent to the transfer and processing of your data in the U.S.

 

Contact use
If you have questions about these Terms, contact us at:

 

NextSense, Inc.
703 N Shoreline Blvd
Mountain View, CA 94043
Email: support@nextsense.io