Terms of Service

Last Updated: November 2024

PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“TERMS”) BEFORE PLACING AN ORDER ONLINE OR OTHERWISE USING THIS WEBSITE OR ANY OTHER NAO HEALTH WEBSITE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NAO HEALTH.

The websites found at https://www.naohealth.co, along with any related features, content, or materials (collectively referred to as the "Websites"), are owned and operated by Nao Health Pte Ltd and its associated entities (referred to collectively as "Nao Health", "we", "us", or "our"). These Terms, including any changes or additions to them, together with our Privacy Policy, make up a binding legal agreement ("Agreement") between you and Nao Health. This Agreement governs your access to and use of the Websites, any orders you place through the Nao Health websites, and your use or intended use of our products and services (collectively, "Your Use").

BY ACCESSING OR USING THE WEBSITES, INCLUDING PLACING AN ORDER ONLINE FOR ANY PRODUCTS MADE AVAILABLE ON OR THROUGH THE WEBSITES (SUCH PRODUCTS, “PRODUCTS”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND SHALL BE ENFORCEABLE IN THE SAME WAY AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT ACCESS OR USE THE WEBSITES OR OTHERWISE PLACE AN ORDER ONLINE.

We reserve the right to change or modify these Terms at any time at our discretion. If changes are made, we will update this page and note the date of the latest revision at the top. You can always view the current Terms by clicking the "Terms of Service" link on our Websites. By continuing to use the Websites after changes are effective, you agree to the new Terms. We recommend checking this page regularly to stay informed about any updates. If you do not accept these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Websites.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST NAO HEALTH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Eligibility

In order to use the Websites, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Websites is not intended for children under the age of 18 and no person under the age of 18 may use the Websites. If you use the Websites, you are affirming that you are at least 18 years old.

Return/Refund Policy

If you have made an incorrect purchase, you can request a refund for your purchase within 30 calendar days by emailing hello@naohealth.co. In this e-mail you must include your name, your order number, the date of your purchase and your address and bank details. We will respond with instructions on where and how to return the product. You must return the product to us in its original sealed packaging in order to receive a refund, which will be processed to your bank account within 4 weeks of us receiving the returned item. Please note that shipping costs are non-refundable. Nao Health reserves the right to reject any return or refund requests at our sole discretion.

User-Generated Content

Subject to the terms herein, you or third parties may upload or submit various content including photographs, comments, video clips, reviews, and other communications to our Websites (referred to as "Your Content" or "Third-Party Content"), either directly or through our partners, including, without limitation, through the Websites. By posting Your Content, you grant Nao Health a non-exclusive, royalty-free, perpetual, and irrevocable right, with the ability to sublicense, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display this content globally in any media existing now or developed in the future. You also grant us the right to use any ideas, concepts, or knowledge included in Your Content for any purpose, including but not limited to, developing, manufacturing, distributing and marketing products using such information. Nao Health is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.

You affirm that (a) you possess or control all rights to Your Content; (b) Your Content is accurate; and (c) using Your Content does not breach this Agreement or harm any person or entity. We are not responsible or liable to you or anyone else for the content or its accuracy, completeness, or reliability, including any errors or omissions or any loss or damage incurred from using such content. Although Nao Health has the right to monitor, edit, or remove any activity or content at its discretion, it is not obligated to do so and may choose to take legal action against any responsible parties. Content, views, opinions, comments, or questions/responses provided by third parties or users on or through our Websites, concerning Nao Health or its products, are solely those of the individuals involved and do not reflect Nao Health’s views. Nao Health accepts no responsibility and assumes no liability for Your Content or any Third-Party Content.

You hereby authorize Nao Health and its third-party service providers to derive statistical and usage data relating to your use of the Websites or Products (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Websites or Products (“Submissions”), provided by you to Nao Health are non-confidential and Nao Health will be entitled to the unrestricted use and dissemination of these Submissions for any purposes, commercial or otherwise, without acknowledgement, attribution, or compensation to you.

User Conduct

You must only use the Websites for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Websites. You may not without our prior written consent:

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Websites;

(ii) modify, distribute, or re-post any content on the Websites for any purpose; or

(iii) use the content of the Websites for any commercial exploitation whatsoever.

In using the Websites, you further agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Websites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Websites;

(b) not to disrupt or interfere with any other user's enjoyment of the Websites or affiliated or linked Websites;

(c) not to upload, post, or otherwise transmit through or on the Websites any viruses or other harmful, disruptive, or destructive files;

(d) not to use, frame, or utilize framing techniques to enclose any Nao Health trademark, logo, or other proprietary information (including the images found on the Websites, the content of any text, or the layout/design of any page or form contained on a Website's page) without Nao Health’ express written consent;

(e) not to reverse engineer, or create derivative works based on the Websites or any content (including, without limitation, any software) available through the Websites;

(f) not to use meta tags or any other “hidden text” utilizing an Nao Health name, trademark, or product name without Nao Health’ express written consent;

(g) not to deeplink to the Websites without Nao Health’ express written consent;

(h) not to create or use a false identity on the Websites, share your account information, or allow any person besides yourself to use your account to access the Websites;

(i) not use the Websites to collect or store personal data about others;

(j) not to attempt to obtain unauthorized access to the Websites or portions of the Websites that are restricted from general access;

(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;

(l) to be bound by the product submission policies of Nao Health, including that any product submission you may make to Nao Health will not be held in confidence by Nao Health and is not proprietary, that Nao Health may use the product submission and any aspect thereof for any purposes in Nao Health’ sole discretion; and

(m) to comply with all applicable laws regarding your use of the Websites.

Protection of Intellectual Property Rights and License

You acknowledge that content available through the Websites, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Websites for the sole purpose of using or placing an order via the Websites, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Websites shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Nao Health’ or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Health Disclaimer Regarding Information Provided on the Websites

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITES IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL, OR SIMILAR SUPPLEMENT OR PRODUCT OR STARTING ANY NEW TREATMENT. YOU SHOULD CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE USING ANY NAO HEALTH PRODUCTS, PARTICULARLY IF YOU ARE PREGNANT OR NURSING, ANTICIPATE SURGERY, ARE TAKING ANY MEDICATIONS, HAVE A KNOWN HISTORY OF MEDICAL CONDITIONS, ILLNESSES OR OTHER HEALTH CONCERNS, OR ARE OTHERWISE UNDER MEDICAL SUPERVISION.

THE STATEMENTS MADE ABOUT THE PRODUCTS, INCLUDING ANY STATEMENTS MADE ON THIS WEBSITES, HAVE NOT BEEN EVALUATED BY THE HEALTH AUTHORITIES. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES.

Disclaimer of Warranties

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITES AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS EXPRESSLY SET FORTH OTHERWISE. EXCEPT AS SPECIFICALLY PROVIDED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NAO HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NAO HEALTH DOES NOT MAKE ANY WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECT. NAO HEALTH MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR THE PRODUCTS OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITES FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITES FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAO HEALTH OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Links to Other Websites That Nao Health Does Not Control

The Websites may include links to other websites or resources, such as advertisers, over which Nao Health has no control. These links are provided merely for your convenience and do not imply Nao Health's endorsement of the content, products, or services found on those third-party websites. You access and use these links, including the content, products, or services offered by these websites, entirely at your own risk. Nao Health does not make any claims regarding the content, ownership, or legality of these linked sites. You acknowledge that Nao Health is not liable for the availability of these external sites or resources, nor for any content, advertising, products, or other materials they provide. When you follow a link from our Websites to another website, you are subject to the Privacy Policy and Terms of Use of that website.

Purchasing Items from Us

Product Representations. Nao Health reserves the right to discontinue or modify any product specifications, content, descriptions, or pricing without prior notice, and without any obligation to you. Nao Health strives to ensure that product prices and descriptions on our Websites are accurate and that the Websites themselves are updated. Nao Health aims to accurately describe our products and to display the latest packaging visuals. Despite these efforts, we cannot guarantee that all product descriptions are entirely accurate, complete, reliable, current, or free of errors, nor can we ensure that the product packaging shown on the Websites will exactly match the product you receive. If a product you receive does not match the description on the Websites, or if the packaging is different from what is depicted, your only recourse is to return the product in unused and undamaged condition according to our Return Policy, available under Customer Service on the Websites, for a refund or credit. References or descriptions of products not owned by Nao Health on our Websites do not signify endorsement of those products, nor do they constitute a warranty by Nao Health.

Pricing Errors and Omissions. Please note that prices, availability, and other purchase terms may change without notice. We diligently work to verify the accuracy of the information on our Websites and to rectify errors as they are identified. However, the presence of products on our Websites at any given time does not guarantee their availability at any other time. Should an error be identified after your credit card has been charged and your order is subsequently canceled due to this error, we will issue a full refund to your credit card for the amount of the order.

Order Placement and Acceptance. If you order a product, payment must be received by Nao Health prior to Nao Health’ acceptance of the order. Nao Health may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.

Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

Nao Health only accepts orders for personal use; items purchased on the Websites may not be resold. If we find that you are buying items with the intent to resell them, or if you are using or planning to use the products inappropriately or illegally, we reserve the right to cancel your order, suspend or terminate your account, and seek all available legal actions under applicable laws. Additionally, if your actions are fraudulent, such as purchasing products with fake or stolen credit cards, we will report such activities to local law enforcement authorities. You are responsible for understanding and complying with all laws related to the possession, use, and sale of any item purchased from our Websites. By placing an order, you confirm that the products will be used legally and only for personal purposes.

Shipping and Risk of Loss. Nao Health will add applicable shipping and handling fees to your order. Unless otherwise noted, Nao Health will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. While we may offer estimated delivery dates, please be aware that these are based on our best estimates and are subject to change. Availability of products may vary, and certain items may not be immediately available for shipment; such items will be shipped when they are in stock. Should there be any delay in your order, we will attempt to contact you using reasonable efforts. If Nao Health cannot contact you or you no longer wish to receive the item, Nao Health will cancel the order and promptly refund the amount tendered. Nao Health may reject orders where the stated delivery address is outside Singapore.

Goods and Services Tax (GST). In Singapore, Nao Health may be required to charge Goods and Services Tax (GST) on all orders shipped within the country. GST applies to most goods and services, including shipping and handling charges, at the rate of 9% at the time of writing. Certain items and services may be exempt from GST under Singapore law. Nao Health adheres to the regulations set forth by the Inland Revenue Authority of Singapore (IRAS). The total amount of your final order will include GST where applicable.

Payment Information. In ordering products through the Websites, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Nao Health shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Nao Health, or for any other reason that we, in our sole discretion, deem appropriate.

Electronic Communications, Signatures and Agreements

The information communicated on the Websites constitutes as an electronic communication. When you communicate with Nao Health through the Websites or via other forms of electronic media, such as e-mail, you are communicating with Nao Health electronically. You agree that Nao Health may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Nao Health provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Nao Health or you).

You further acknowledge and agree that by clicking on buttons labeled “SUBMIT,” “DOWNLOAD,” “I ACCEPT,” or other similar terms as specified by Nao Health, you are providing a legally binding electronic signature and entering into a legally binding contract. You understand that your electronic submissions represent your agreement to be bound by the terms of this Agreement, including any embedded hyperlinks. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including, without limitation, Singapore's Electronic Transactions Act or other similar statutes,YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITES OR SERVICES OFFERED BY Nao Health. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Communications with Nao Health

To the extent permissible by applicable law, you acknowledge that telephone calls to or from Nao Health are monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to Nao Health, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Nao Health. You acknowledge that by voluntarily providing your telephone numbers to Nao Health, you expressly agree to be contacted at the telephone numbers you provide.

You consent to receive emails, pre-recorded voice messages, and/or autodialed calls (including text messages) from or on behalf of Nao Health regarding this Agreement, any transactions with Nao Health, your account (including debt collection), and promotions related to Nao Health products. These communications may occur even if your phone number is listed on any Do Not Call registry. You acknowledge that you may be charged by your telephone carrier for these communications and that Nao Health is not responsible for these charges.

Nao Health may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means. You agree to provide Nao Health notice within 30 days of any change to your contact information by writing to hello@naohealth.co. Your consent to this communications provision is not required to make any purchase with Nao Health.

Limitation of Liability

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL NAO HEALTH, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICES PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, “NAO HEALTH PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITES; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITES; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. IN NO EVENT WILL NAO HEALTH’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID NAO HEALTH IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED SINGAPORE DOLLARS (S$100).

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS WEBSITES, WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Indemnification

Except where otherwise inapplicable or prohibited by law, you agree to indemnify and hold harmless Nao Health and its affiliates (collectively, "Nao Health Parties") to the fullest extent allowed by law, from and against all liabilities, losses, claims, demands, disputes, damages, and costs of any kind, including reasonable attorneys' fees and litigation costs, that arise from or relate to your use of the Websites or your breach of this Agreement.

Termination of Websites

Nao Health may, in its sole discretion, and at any time, terminate or suspend its operation of the Websites or your use of the Websites, if Nao Health reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Websites and Nao Health may, in our discretion, cancel any outstanding orders for the product.

Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THIS WEBSITES, ANY INFORMATION YOU PROVIDE VIA THESE WEBSITES, THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITES WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AGAINST NAO HEALTH, INCLUDING THE RIGHT TO A TRIAL BY JURY, AND RIGHTS AVAILABLE IN A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. ARBITRATION IS A FORM OF PRIVATE DISPUTE RESOLUTION IN WHICH PARTIES TO A CONTRACT AGREE TO SUBMIT THEIR DISPUTES AND POTENTIAL DISPUTES TO A NEUTRAL THIRD PERSON (CALLED AN ARBITRATOR) FOR A BINDING DECISION, INSTEAD OF HAVING SUCH DISPUTE DECIDED IN A LAWSUIT, IN COURT, BY A JUDGE OR JURY TRIAL.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Generally. Arbitration is a process for resolving disputes without filing a lawsuit. "Claim" refers to any disagreement involving you, Nao Health, or any third party related to your account, Your Use (defined here), your relationship with Nao Health, or these Terms. This encompasses all disputes linked to your use or attempted use of the products, and any actions or omissions by Nao Health or a third party regarding your use or attempted use of the products. Either you, Nao Health, or any involved third party may initiate a Claim. Nao Health commits to binding arbitration for any Claims it may have against you. Likewise, you agree to binding arbitration should you have any Claims against Nao Health. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Singapore International Arbitration Act (the "IAA"), as amended.

Exceptions to Binding Arbitration. As an exception to binding arbitration, both you and Nao Health retain the right to pursue claims in a small claims court if the claim falls within that court's jurisdiction and is conducted on an individual, non-class basis. Nao Health agrees not to demand arbitration for any individual claim that you file and pursue in a small claims court, provided the claim is pending only in that court. Additionally, binding arbitration does not apply to disputes involving trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (except as previously specified for certain exceptions) against Nao Health, you will first provide us with an opportunity to resolve your issue or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description to hello@naohealth.co. Except where otherwise prohibited by law, You and Nao Health agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above). Any arbitration proceedings initiated after this 1-year period will be considered barred.

Arbitration Location. Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of the arbitration shall be Singapore.

The Tribunal shall consist of 1 arbitrator(s).

The language of the arbitration shall be English.

The law governing this arbitration agreement shall be Singapore.

Applicable Law. This Agreement shall be governed by the laws of Singapore.

Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims will be resolved through final and binding confidential arbitration. This arbitration will be conducted before a single arbitrator, who must be either a retired judge or an attorney with substantial experience in the subject(s) of the Claim. The arbitrator shall be selected in accordance with the SIAC Rules or similar arbitration rules of the chosen tribunal. The applicable rules for arbitration may be obtained by contacting the selected tribunal directly.

The arbitrator shall have exclusive and sole authority over any disputes concerning the interpretation, construction, validity, applicability, or enforceability of these Terms and the arbitration provision itself. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Nao Health.

Arbitration Fees. Nao Health shall cover all filing, administrative, and arbitrator fees for an arbitration initiated by either party. Each party is responsible for their own additional fees, costs, and expenses, such as those related to attorneys, experts, documentation, and witnesses. However, should Nao Health emerge as the prevailing party in the arbitration, applicable law may permit the arbitrator to award attorneys’ fees and costs to either party.

Arbitration Award. The arbitrator must adhere to substantive law and is authorized to order any relief that is legally permissible. This includes the power to award any form of individual relief, such as injunctions and punitive damages, provided these align with applicable law. The arbitrator also has the authority to award costs or fees to the prevailing party, but only where explicitly permitted by law. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under IAA, where applicable.

Enforceability. This arbitration provision will continue to apply even if your account or relationship with Nao Health ends, or in the event of bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If any part of this arbitration provision, except for the class action waiver, is deemed unenforceable, the rest of the arbitration provision will still be valid and enforceable.

Miscellaneous. This provision is the entire arbitration agreement between you and Nao Health and shall not be modified except in writing by Nao Health.

Amendments. Nao Health reserves the right to modify this arbitration provision at any time. Your ongoing use of any Nao Health Websites, purchasing Nao Health products, or using or attempting to use Nao Health products, constitutes your acceptance of such changes. If the changes to this arbitration provision are significant, Nao Health will notify you. Your continued use of any Nao Health Websites, purchase of Nao Health products, or use or attempted use of Nao Health products, after receiving this notice, confirms your agreement to these material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF AN NAO HEALTH PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO HELLO@NAOHEALTH.CO. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY NAO HEALTH PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF NAO HEALTH PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

Privacy

In addition to these Terms of Service, your purchase of products through the Websites is subject to the Websites Privacy Policy.

Exclusive Venue for Other Controversies

Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the courts located in Singapore, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

Remedies for Nao Health

Notwithstanding the arbitration agreement contained in this Agreement, in order to avoid irreparable injury to Nao Health, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach in any court of competent jurisdiction. Nothing in this Agreement shall be construed as prohibiting Nao Health from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

Trademark Notices

All trademarks and service marks displayed on the Websites are the property of their respective owners.

You may not use or display trademarks or service marks displayed on the Websites without prior written consent from their owners.

It is Nao Health’ policy to respect the copyright and intellectual property rights of others. Nao Health may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Nao Health may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Furthermore, Nao Health complies with Singapore’s Copyright Act and relevant intellectual property laws in Singapore.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Nao Health, by writing to hello@naohealth.co, the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Websites. You should identify the material with information reasonably sufficient to allow Nao Health to locate the material.
Your address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Other Important Terms

Nao Health may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.

You acknowledge and understand that if Nao Health is unable to provide the products as a result of an event outside of its control, Nao Health will not be in breach of any of its obligations to you under this Agreement.

Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Nao Health. No delay by Nao Health in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Nao Health’ ability to subsequently exercise that right or remedy. These Terms (together with any terms incorporated by reference herein) constitute the entire agreement between you and Nao Health relating to the subject matter herein. Any waiver must be agreed to by Nao Health in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Nao Health agree to submit to the personal and exclusive jurisdiction of the courts located in Singapore.

Questions about this Terms of Use should be sent to us at hello@naohealth.co.