Terms of service

Terms of Service, Alternative Dispute Resolution Policy and Class Action Waiver

Updated July 31, 2026


These Terms of Service, including Alternative Dispute Resolution Policy and Class Action Waiver (“Terms of Service”) govern the use of the “NOOA” websites, or iterations thereof, (collectively the “Site”) and the “NOOA” Mobile Application (the “Application”). The Site and Application are collectively referred to herein as the “Platform”. The Platform is made available to users by Ignitea LTD, a Cypriot limited liability company (“Ignitea”) (hereinafter “Company”), together with certain United States and International affiliates, licensors, contractors, coaches, technology providers, and service providers which provide technology infrastructure, platform support, content, fulfillment, customer support, and related operational services to end users on behalf of Company.  

The terms “you”, “user”, “consumer” or “resident” refer to you as a user of the Platform. The terms “we” or “us” refer collectively to the Company.

The Platform is offered only to residents of the United States and is not offered to individuals or entities located in, resident in, or ordinarily residing in the European Union (EU), the European Economic Area (EEA), or the United Kingdom (UK). By purchasing or using our services, you represent and warrant that you are a resident of the United States and that you are not a resident of the EU, EEA, or UK, and that you do not access our services from any of these jurisdictions.

BY ACCESSING OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE YOUR UNDERSTANDING OF AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, AS APPLICABLE HEREIN AND NOT PROHIBITED BY LAW, THE AGREEMENT TO BINDING ARBITRATION AND CLASS ACTION WAIVER SET FORTH HEREIN.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT (18 YEARS OF AGE OR OLDER) AND, IF ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A THIRD PARTY, YOU HAVE AUTHORITY TO BIND SAID THIRD PARTY. IF YOU ARE UNDER THE AGE OF 18 OR OTHERWISE NOT OF LEGAL AGE TO FORM A CONTRACT, OR IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THIS PLATFORM OR PROVIDE ANY PERSONAL INFORMATION THROUGH IT.

THE DEVICE, APPLICATION, AND SERVICES OFFERED THROUGH THIS PLATFORM ARE FOR GENERAL WELLNESS, FITNESS, LIFESTYLE, INFORMATIONAL, AND EDUCATIONAL PURPOSES ONLY. THEY ARE NOT A MEDICAL DEVICE AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MONITOR, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE DEVICE AND APPLICATION HAVE NOT BEEN EVALUATED, CLEARED, OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA), AND NO STATEMENT MADE THROUGH THE PLATFORM HAS BEEN EVALUATED BY THE FDA. THEY ARE NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. COMPANY DOES NOT EMPLOY LICENSED HEALTHCARE PROVIDERS OR OFFER INDIVIDUALIZED CLINICAL SERVICES. CONSULT A QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING ANY DIET, EXERCISE, OR WEIGHT-MANAGEMENT PROGRAM OR MAKING ANY SIGNIFICANT LIFESTYLE CHANGE. 

1. SCOPE OF TERMS OF SERVICE

Unless we indicate otherwise, these Terms of Service apply to your use of all Platforms which are owned or operated by the Company and its affiliates, including, without limitation, this Platform and any other website or application that the Company may own or operate currently or in the future. For purposes of these Terms of Service, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with the Company. 

2. SERVICES

The Company provides users with a wearable device and companion application, together with related content and tools, designed to support general wellness, fitness, and healthy lifestyle habits. 

Your one-time purchase includes access to the Application and the features included with that purchase until the Company discontinues support for the Application or for the Device model with which the Application access was purchased, whichever occurs first, subject to these Terms. Access requires a compatible mobile device, internet connectivity, and installation of required Application and Device updates.

Any references in our advertisements, marketing materials, checkout pages, or other communications to “lifetime,” “lifetime access,” or similar terms refer to the supported lifetime of the applicable Device and/or Application, as determined in accordance with Section 12 of these Terms. Such references do not mean access for the lifetime of the purchaser, perpetual access, or access for any guaranteed or minimum period.

These include, without limitation:

The NOOA Band Device — a wearable band that captures activity, movement and other related wellness signals;

The Application — a companion app that displays your data and is intended to help you notice patterns in your everyday habits;

These services are intended solely for general wellness, fitness, lifestyle, informational, and educational purposes. All outputs are general wellness indicators only; they are not medical, diagnostic, or clinical measurements and should not be treated as such. The services do not constitute medical, nutritional, or health advice, diagnosis, or treatment, and must not be relied on as a substitute for professional healthcare. You should consult a qualified healthcare professional for any questions about your health and before starting or changing any diet, exercise, medication, or treatment plan. If you are experiencing a medical emergency, contact your local emergency services immediately and do not rely on the Platform.

3. ACCOUNTS

a) To access certain features of the Platform, including the personalized health and nutrition information programs, you must first complete a quiz on our Platform, register, and create an account.

b) To register for an account, you are required to provide a valid e-mail address.
c) By creating an account, you agree that the personal information you provide is accurate, truthful and up to date. You further agree to promptly update your personal information if it changes.

d) We reserve the right to suspend or terminate your account if we determine that you are using the Platform in violation of applicable laws or these Terms of Service.
e) In the event of a dispute regarding account ownership, we reserve the right to determine ownership based on our reasonable judgment and any available evidence. 

4. USERNAMES AND PASSWORDS

a) Each person who uses the Platform must register for their own account.
b) You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your account.

c) You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to the password for any account.

d) You further agree not to use the account or log in with the username and password of another user of the Platform if you are not authorized to use both; or such use would violate the Terms of Service.

5. NON-PERMITTED USAGE

a) As a user of our Platform, you agree to use our Platform legally, not to use our Platform for illegal purposes, and not to:

i. violate the rights of other users of our Platform;

ii. violate the intellectual property rights of the Platform owners or any third party to the Platform;

iii. hack into the account of another user of the Platform; or
iv. act in any way that could be considered illegal or fraudulent.

b) If we believe you are using our Platform illegally or in a manner that violates these Terms of Service, we reserve the right to limit, suspend or terminate your access to our Platform. We also reserve the right to take any legal steps necessary to prevent you from accessing our Platform.

6. THE NOOA BAND DEVICE

a) The NOOA Band Device is sold to you as hardware. Upon full payment and delivery, title to and ownership of the physical Device pass to you, subject to these Terms. The software embedded in or used to operate the Device, and the Application, are licensed, not sold, on the terms set out in the “Intellectual Property” provisions herein.

b) The Device is designed to be used together with the Application. Certain features require an internet connection and a compatible mobile device and may be unavailable if any of these is not maintained.

c) Device support. We may provide firmware, software, security, compatibility, maintenance, or other updates for the Device. You may be required to install available updates to continue using some or all Device features. Except where required by applicable law, we do not guarantee that updates, connectivity, integrations, replacement parts, or technical support for the Device will remain available for any minimum period.

d) End of Device support. Subject to applicable law, we may discontinue support for the Device or a particular Device model where continued support is no longer reasonably practical because of technical limitations, security risks, legal or regulatory requirements, changes to third-party technology or infrastructure, lack of commercially reasonable replacement components or services, operational considerations, or other legitimate business reasons. Discontinuation of support may affect the Device’s connectivity to, compatibility with, or functionality through the Application.

e) The Device is a general wellness product. It is not a medical device and is not intended to diagnose, treat, cure, monitor, or prevent any disease or medical condition. Do not rely on the Device or its readings for any medical purpose.

f) You are responsible for using the Device in accordance with any product instructions, safety information, and care guidance we provide. Discontinue use and consult a healthcare professional if you experience skin irritation, discomfort, or any adverse reaction.

g) Any eligibility of the Device for reimbursement through a health savings account (HSA), flexible spending account (FSA), or similar arrangement is determined solely by your plan and administrator. The Company makes no representation or warranty that any purchase is or will be HSA/FSA eligible, and you are responsible for confirming eligibility with your administrator.

7. SHIPPING AND DELIVERY

a) We ship the Device only to addresses within the United States. We aim to dispatch orders within 24–48 hours on business days. Orders placed Friday evening or over the weekend are processed the following Monday. Our Customer Care and Fulfillment teams operate Monday–Friday (EST), excluding major US holidays.

b) Shipping charges, delivery estimates, and any promotional shipping offers (for example, free shipping) are as stated on the Platform at the time of your order. Delivery dates are estimates only and are not guaranteed.

c) Title to and ownership of the Device pass to you upon delivery of the Device to the shipping address specified in your order. Risk of loss or damage also passes upon such delivery, subject to applicable law. If your Device is lost or damaged in transit before delivery, please contact us at help@nooa.coach and we will work with the carrier, or otherwise assist you, as appropriate.

8. ORDER CANCELLATION
a) You may request to cancel an order by email. Cancellations can be granted only if the order has not yet shipped.
b) To request a cancellation, email help@nooa.coach with your order number and order date (from your confirmation email) and the reason for cancellation.
c) If we are unable to cancel your order before shipment, you may request a refund under the 45-Day Money-Back Guarantee described below. 

d) A cancelled order ends the entire purchase. If your order is cancelled, any access to the Application and its features associated with that order will not activate or will be revoked, and your account access may be closed.

9. DEVICE RETURNS — 45-DAY MONEY-BACK GUARANTEE
We want you to be fully satisfied with your purchase. If you are not satisfied, you may request a refund under this 45-Day Money-Back Guarantee. To be eligible, you must contact us within 45 days after the date the Device is delivered to you, as shown in the applicable carrier’s delivery records or other reasonable proof of delivery. If you can reasonably demonstrate a different delivery date, we will use that date for purposes of determining eligibility.

b) How to request a return and refund. To request a refund, contact Customer Support at help@nooa.coach within the 45-day period and provide your shipment or order number, the delivery date, and the reason for your request. We may request additional information reasonably necessary to verify your purchase and determine whether your request qualifies under this guarantee.

c) Return authorization and instructions. If your request is approved, Customer Support will provide you with a return authorization and instructions identifying where and how to return the Device. Please do not send the Device to the return address shown on the original packaging or to any other address unless Customer Support specifically instructs you to do so. Returns sent without authorization or contrary to the provided instructions may not be received and may not qualify for a refund.

d) Return shipping and condition. You are responsible for the cost of returning the Device unless otherwise required by applicable law. You must return the Device in accordance with the instructions provided by Customer Support and within the timeframe specified in those instructions. You are responsible for packaging and shipping the Device appropriately, including complying with any applicable carrier requirements relating to lithium batteries.

e) Abuse of guarantee. We reserve the right to deny a refund where we reasonably determine that a request is fraudulent, abusive, or otherwise does not satisfy the requirements of this guarantee.

f) Damaged on arrival or replacement. If your Device arrives damaged and you would prefer a replacement, email help@nooa.coach with your order number and a description of the damage. We may request photographs or other reasonable information needed to evaluate the issue. If your request is approved, we will make reasonable efforts to provide a replacement in a timely manner.

g) Refund processing and timing. Once we confirm that your request is eligible and that all applicable return requirements have been satisfied, the approved refund will be credited to your original method of payment. Refunds are typically reflected within 7–10 business days after processing, although your financial institution may require additional time and the credit may not appear until your next billing cycle.

An Important Note on Credit Card Disputes: If you dispute your purchase with your credit card provider, we will not be able to refund your payment until the dispute is fully processed by the provider. It can take months for a provider to resolve a dispute. Furthermore, we are unable to reverse charges in cases closed in the merchant's favor. We kindly request that you give us a chance to resolve any concerns directly with you before you initiate this long and difficult process.

10. PRICES AND OTHER FEES

a) Access to certain services on the Platform, and any optional subscription offered under the Subscriptions section, is subject to payment of the applicable fees (“Fees”), as determined by the Company in its sole discretion.

b) The Company reserves the right to change its Fees at any time. Advance notice of any changes will be provided so that customers remain informed about updates to pricing.

c) Prices for Paid Services will be as quoted on the Platform at the time you submit your order.

d) Prices posted on the Platform are valid only at the time of purchase and do not constitute any promise or representation regarding future pricing.

e) You are responsible for the payment of all applicable taxes relating to your use of Paid Services or any payments made by you. 

f) If the Company is required to collect or remit taxes on the Fees you owe, such taxes may be added to the payment amount and will appear on your invoice. You are responsible for checking whether any additional fees may be charged by third parties in connection with your purchase of Paid Services (such as international transaction fees, currency exchange fees, or fees charged by banks or credit card companies). The Company is not responsible for any such additional fees or costs.

g) By registering for, or submitting payment information in connection with, any Paid Services, you authorize the Company (directly or through its affiliates, subsidiaries, or third-party service providers) to charge the applicable one-time Fees for your purchase, and, for any optional subscription you expressly enroll in under the Subscriptions section, the recurring Fees on the billing schedule disclosed to you at enrollment. This includes making inquiries to validate your designated payment account or financial information and obtaining updated payment details from your credit card or banking provider, as necessary.

11. PURCHASES AND PAYMENTS

Your contractual relationship for the Device and related services is with the Company. 

Before placing your order, please check all your information and purchase details. It is your responsibility to check all your information and purchase details before placing an order. We reserve the right to refuse any order placed through the Platform at our sole discretion. In the event an order is refused, any payments made will be refunded.

12. YOUR PURCHASE AND ACCESS

a) One-time purchase. The NOOA Band is sold as a one-time purchase that includes ownership of the physical Device and a limited, personal, non-transferable license to access and use the Application and the features included with the purchase, subject to these Terms. Unless you separately and expressly enroll in an optional subscription, the purchase does not include a recurring or automatically renewing charge. If you wish to stop using the Platform, you may simply discontinue use and, if you like, delete your account. Refunds are governed by Section 8 (Order Cancellation) and Section 9 (45-Day Money-Back Guarantee).

b) Meaning of “Lifetime Access.” “Lifetime,” “Lifetime Access,” and similar terms mean access to the Application and its included features for the period during which the applicable Device and/or Application remains supported by the Company. They do not mean the lifetime of the purchaser, perpetual or indefinite access, or access for any guaranteed or minimum period.

c) Access requirements. Continued access may require a compatible mobile device, a supported operating system, internet connectivity, an active account, compliance with these Terms, and installation of required Application, firmware, security, or operating-system updates. You are responsible for maintaining these requirements.

d) Changes to the Platform. Subject to applicable law, we may modify, update, maintain, improve, redesign, replace, limit, suspend, remove, or discontinue any feature, content, integration, functionality, technical specification, or other aspect of the Device, Application, or related services. We may make such changes for reasons including:

i. introducing updates, improvements, or new functionality;

ii. correcting errors or addressing maintenance, performance, or security issues;

iii. responding to fraud, misuse, cybersecurity threats, or risks to users or third parties;

iv. complying with applicable laws, regulations, court orders, governmental requests, or industry requirements;

v. responding to changes in mobile operating systems, app-store requirements, APIs, hosting providers, infrastructure, manufacturers, licensors, vendors, or other third-party services;

vi. addressing Device, software, or operating-system compatibility issues;

vii. retiring features or services that are outdated, duplicative, no longer reasonably used, or no longer technically or operationally practical;

viii. protecting the integrity, reliability, safety, or lawful operation of the Platform; or

ix. addressing legitimate technical, operational, legal, regulatory, security, or commercial considerations.

e) Third-party dependencies and compatibility. Some Device or Application functionality depends on third-party devices, operating systems, app stores, APIs, integrations, networks, hosting providers, infrastructure, or services that we do not control. We do not guarantee that the Device or Application will remain compatible with every mobile device, operating system, app store, integration, or third-party service indefinitely. Changes made by third parties may cause features to become limited or unavailable.

f) Discontinuation of features. Subject to applicable law, we may suspend, retire, replace, or discontinue individual features, integrations, content, tools, or functionality. We do not guarantee that any particular feature will remain available throughout the entire supported lifetime of the Device or Application.

g) Discontinuation of Application support. Subject to applicable law, we may discontinue support for, or cease making available, the Application or a particular version of the Application where continued support is no longer reasonably practical because of technical limitations, security risks, legal or regulatory requirements, changes to third-party platforms or services, operational considerations, or legitimate commercial considerations.

h) Discontinuation of Device support. Subject to applicable law, we may discontinue firmware, software, compatibility, connectivity, maintenance, or other support for the Device or a particular Device model in the circumstances described in Section 6 and this Section 12.

i) Notice of material discontinuation. Where reasonably practicable, we will provide advance notice through the Application, by email, on the Site, or by another reasonable method before materially discontinuing the Application or support for the Device. Notice may not be provided in advance where immediate action is reasonably necessary for security, legal, regulatory, technical, fraud-prevention, or similar reasons.

j) No indefinite-support commitment. Except where required by applicable law, or express commitment made by us at the time of purchase, the one-time purchase does not require the Company to develop, maintain, update, host, or support the Device, Application, or any particular feature for an indefinite or minimum period.

k) Effect of end of support. When support for the applicable Device and/or Application ends, some or all Application access, synchronization, connectivity, content, tools, and functionality may become unavailable. Ending support does not affect your ownership of the physical Device, but the Device may lose some or all functionality that depends on the Application, Company-operated services, or third-party services.

l) Mandatory consumer rights. Nothing in this Section limits any refund, warranty, remedy, notice requirement, or other consumer right that cannot lawfully be excluded or limited under applicable law.

m) Optional subscriptions. The NOOA Band does not currently require any subscription. The Company may, from time to time, offer optional subscription-based features, content, or services. Any such subscription is separate from your one-time purchase and is entirely optional. We will not enroll you in, or charge you for, any subscription unless you expressly agree at the time of enrollment, after being shown the applicable price, billing frequency, and renewal and cancellation terms. Your one-time purchase, and the features included with it, will not be converted into a paid subscription without your affirmative consent. If you choose to enroll in an optional subscription, the enrollment, automatic-renewal, and cancellation terms disclosed to you at that time will govern it, and you may cancel as described in those terms or by emailing help@nooa.coach

13. DORMANT ACCOUNTS

If your account remains inactive for at least 24 consecutive months, we may designate it as dormant. We will provide at least 30 days’ advance notice before deleting a dormant account and give you an opportunity to reactivate it. Where reasonably possible, app access may be restored after reactivation, subject to Section 12, continued support for the Device and Application, and availability of associated account data.

 14. PROPRIETARY RESTRICTIONS AND INTELLECTUAL PROPERTY 

a) The Platform, including its general layout, look and feel, design, information, content, including, without limitation, personalized programs, all source codes, databases, functionality, software, audio, video, text, photographs, and graphics on the Platform (the “Content”) and the trademarks and logos contained therein and other materials available thereon, unless otherwise indicated, is exclusively owned by Company or its affiliate companies and protected by copyright, trademark, and other intellectual property laws.

b) The Platform and its Content are provided "AS IS" for personal, non-commercial use only. Except as expressly permitted by law or these Terms of Service, no Content, trademarks, or logos may be copied, reproduced, aggregated, republished, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.

c) Access to Paid Services is granted to authorized users only. Authorized users are provided with a limited, non-transferable, and non-exclusive license to access and use the Platform and its Content for personal, non-commercial purposes, subject to compliance with these Terms of Service.

d) Users agree not to engage in any of the following prohibited activities related to the Platform or its Content:

i. Reverse assembling, decompiling, reverse engineering, or attempting to derive the source code, underlying ideas, algorithms, structure or organization;

ii. Removing, obscuring, or altering any copyright notice, trademark, identification, or proprietary rights notice;

iii. Using unauthorized automation tools (e.g., bots), modifications, or software to alter the Platform’s functionality;

iv. Gaining unauthorized access to or interfering with the Platform, its systems, or associated networks;

v. Circumventing, removing, or deactivating technological measures or protections;

vi. Using automated tools such as robots, spiders, or crawlers to extract or scrape data, or engaging in any similar manual process;

vii. Introducing malicious code (e.g., viruses, worms, trojans) or technologically harmful materials into our systems; 

viii. Reproducing or using any part of the personalized programs, meal plans, or other Paid Services without our consent, except as expressly allowed for private use under applicable law; 

ix. Engaging in any activities that could damage, overburden, or impair the Platform or interfere with other users' enjoyment of the Platform; 

x. Using the Platform or its Content in any way not expressly permitted by these Terms of Service. 

xi) Users agree not to authorize or enable any third party to engage in any of the prohibited activities described above.

15. REVIEWS

a) We reserve the right to remove reviews that meet the following criteria, based on reasonable and objective determination:

i. Reviews that are illegal or fraudulent;

ii. Reviews that are inappropriate, offensive, or incite violence or discrimination;

iii. Reviews that constitute spam, nonsense, or deceptive content;

iv. Reviews that infringe on our or a third party’s privacy, publicity rights, confidentiality, or intellectual property rights;

v. Reviews that violate applicable local or international laws, regulations, or conventions; or 

vi. Reviews that violate these Terms of Service or other applicable policies. 

In cases where we remove a review, we will notify the user of the reason for the removal and provide an opportunity to appeal the decision.

b) To the extent users provide any reviews, suggestions, comments, or other feedback relating to the services offered through the Platform (whether existing, suggested, or contemplated) that may be subject to any Intellectual Property rights (collectively, “Feedback”), users hereby assign to Company all rights, title, and interest in and to the Feedback. Company is free to use Feedback, including any ideas, know-how, concepts, techniques, and other intellectual property contained in the Feedback, without providing attribution or compensation to users or any third party, for any purpose whatsoever. Feedback shall be deemed Company’s Confidential Information. Users acknowledge that acceptance of their submission of Feedback does not waive any rights of Company to use similar or related ideas previously known to Company, developed by its employees, or obtained from sources other than users. By submitting Feedback, you grant Company a worldwide, non-exclusive, royalty-free license to use, reproduce, and modify the Feedback to:

i. Further develop, customize, and improve Company’s services;

ii. Provide ongoing assistance and technical support;

iii. Contact you with notices, updates, or requests related to your Feedback;

iv. Facilitate, sponsor, or monitor promotions;

v. Create aggregated statistical data and insights for improving services;

vi. Enhance Company’s data security and fraud prevention measures; and

vii. Comply with applicable laws and regulations.

c) You represent and warrant that your Feedback is accurate, complete, and does not infringe the rights of any third party. If it is found to be false, misleading, or unlawful, Company reserves the right to take appropriate action, including removal or reporting to relevant authorities.

16. DISPUTES AMONG USERS

Users are encouraged to resolve conflicts directly with one another when such disputes arise from personal interactions independent of Company’s Platform or services.

Company does not mediate disputes between users except where the conflict involves violations of our Terms of Service, applicable laws, or misuse of the Platform. In such cases, Company may, at its discretion, investigate and take appropriate actions, such as suspending accounts or providing relevant information to authorities, in accordance with applicable laws and policies.

Company assumes no liability for damages or losses arising solely from disputes between users that do not involve our services or Platform. Users must try and settle conflicts amongst themselves. Company will not interfere with, and assumes no liability or responsibility for, conflicts or disputes between its users. 

17. DISCLAIMERS AND DISCLOSURES

a) PLATFORM AVAILABILITY AND WARRANTIES – Your use of the Platform, its content, and any services or items obtained through the Platform is at your own risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied. The Company makes no representations regarding the completeness, security, reliability, quality, accuracy, or availability of the Platform or its content.

b) PLATFORM CHANGES, COMPATIBILITY, AND END OF SUPPORT — The Platform may be updated or changed over time, and we do not warrant that every feature, integration, item of content, or function will remain available or unchanged. Continued operation may depend on supported Devices, mobile devices, operating systems, app stores, networks, and third-party platforms or services. Features may be limited, replaced, suspended, or discontinued, and support for the Device or Application may end, as described in Sections 6 and 12. Nothing in this subsection limits any right or remedy that cannot lawfully be excluded.

c) GENERAL HEALTH, MENTAL HEALTH & SAFETY NOTICE – The Device, Application, programs, and other tools offered through the Platform are intended solely for general wellness, fitness, lifestyle, informational, and educational purposes. They are not a medical device and are not intended to diagnose, treat, cure, monitor, or prevent any disease or medical condition, and are not a substitute for professional medical, nutritional, or health advice, diagnosis, or treatment. Always consult a qualified healthcare professional before starting any diet, exercise, or weight-management program, or before making decisions related to your physical health, medication, or treatment plan, and if you have any condition that could affect your ability to participate safely. Do not use the Platform if you believe you may be experiencing a medical emergency; instead, immediately contact your local emergency services. The Company does not provide medical advice and does not endorse or recommend any specific clinicians, treatments, or opinions referenced within the Platform. Any reliance on content provided is solely at your own risk. You are responsible for monitoring your wellbeing and discontinuing any activity that causes distress, discomfort, or adverse symptoms. Participation is voluntary and at your own risk.

d) DEVICE READINGS ARE NOT MEDICAL DATA – Metrics and scores generated by the Device or Application (including the "Weight Loss Score" and any activity, sleep, or heart-rate-related indicators) are estimates for general wellness purposes only. They may be inaccurate and must not be used for any medical or diagnostic purpose or to make any medical decision.

e) LIMITATIONS OF INTERACTIVE AND AI FEATURES – The Platform may include interactive features that allow users to communicate with the Company, with automated tools, or with one another. Due to the limited and, in some cases, automated nature of such interactions, any guidance received may be incomplete and should not be relied upon as professional, medical, or nutritional advice. Users should seek appropriate professional support where needed.

f) SAFE USE OF THE PLATFORM – You agree not to use the Platform in any way that distracts you from driving or from any activity requiring full attention. Using the Platform while driving, operating machinery, or engaging in hazardous activities is strictly prohibited. You are solely responsible for complying with all applicable safety and traffic laws. The Company disclaims liability for any accidents or injuries arising from unsafe use.

g) REFERENCES TO STUDIES, JOURNALS, OR THIRD-PARTY SOURCES – From time to time, the Platform or its marketing materials may reference studies or findings from governmental bodies, academic institutions, medical journals, or similar sources. These references are provided for context only and do not imply endorsement, affiliation, sponsorship, or approval of the Company or the Program by any referenced entity. Such references do not constitute medical or psychological advice. Users should consult licensed professionals for advice tailored to their individual circumstances.

h) EXCEPTIONS TO WARRANTY DISCLAIMERS – Nothing in this Agreement excludes or limits any warranty, condition, or guarantee that cannot be lawfully excluded or limited under applicable law. To the extent such laws apply to you, the disclaimers and limitations in this Agreement shall be interpreted and enforced in accordance with those legal requirements.

i) USE OF AI-GENERATED AND USER-PROVIDED IMAGES – To protect the privacy and confidentiality of our community members, the Company may use AI-generated or digitally created images in its marketing materials, funnels, advertisements, testimonials, social content, or educational resources. Unless a user has provided explicit written consent for the use of their real image or likeness, all such visuals are created solely for illustrative purposes and are not based on photographs, likenesses, or personal data of any identifiable individual. Where a depiction is AI-generated or a dramatization, we identify it as such where required.

18. LIMITATION OF LIABILITY

NO OTHER ENTITY OTHER THAN COMPANY SHALL IN ANY CASE BEAR ANY RESPONSIBILITY WITH RESPECT TO THE PLATFORM AND/OR SERVICES PROVIDED. ALL CLAIMS, REQUESTS AND OTHER COMMUNICATION RELATED TO THE PLATFORM MUST BE SUBMITTED DIRECTLY TO COMPANY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO APPLICABLE LAWS FOR ANY PROHIBITIONS.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM:  

(A) THE USE OR THE INABILITY TO USE THE PLATFORM;

(B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE PLATFORM OR ANY WEBSITES OR OTHER RESOURCES LINKED TO THE PLATFORM;

(C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM;

(D) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA;

(E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PLATFORM OR

(F) ANY OTHER MATTER RELATING TO OUR PLATFORM.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR PLATFORM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PLATFORM, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS PLATFORM. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Nothing in these terms of service shall be deemed to limit or exclude any liability which cannot be so excluded or limited under applicable law.  

19. INDEMNITY

You agree to indemnify and hold harmless Company, including its directors, officers, employees, representatives, and agents, from any claims, actions, damages, liabilities, costs, losses, and expenses (including reasonable attorneys' fees) arising from:

a) Any user content you post or submit that infringes upon the intellectual property or privacy rights of third parties or violates applicable laws;

b) Any violation of applicable laws, including but not limited to data protection laws, consumer rights, or intellectual property rights, resulting from your actions on the Platform.

20. CONSUMER PROTECTION LAWS

Where consumer protection legislation in your jurisdiction applies and cannot lawfully be excluded, nothing in these Terms of Service is intended to, or will, limit your rights or remedies under that legislation. These Terms of Service will be interpreted and, where necessary, deemed modified only to the minimum extent required to comply with any such mandatory provisions, and will otherwise remain in full force and effect.

21. LINKS TO OTHER WEBSITES

Our Platform may contain links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party websites or services linked to on our Platform. By using such third-party websites, you acknowledge and agree that it is your responsibility to review and comply with the terms of service and privacy policies of those websites. Please be aware that third-party sites may have their own data collection and privacy practices, and we are not responsible for their handling of personal data. We encourage you to review any third-party site’s privacy policy before providing any personal information.

22. APPLE APP STORE

a) By downloading the Application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

i. Apple is not a party to these Terms of Service. Apple is not responsible for the Application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

ii. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.

iii. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

iv. Apple is not responsible for addressing any claims by you or a third party relating to the Application or your possession or use of the Application, including without limitation (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

v. In the event of any third-party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.

vi. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

vii. Apple and its subsidiaries are third party beneficiaries of these Terms of Service and upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary hereof.

23. GOOGLE PLAY

By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) these Terms of Service, the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms of Service or the Google Play Terms.

24. THIRD-PARTY PLATFORMS AND SERVICES

The Platform may depend on or be accessed through third-party technology, mobile operating systems, app stores, hosting services, APIs, integrations, payment services, communications providers, infrastructure providers, and other vendors and its affiliates.

We do not control third-party platforms or services and cannot guarantee their continued availability, compatibility, security, functionality, or performance. A third party may modify, restrict, suspend, or discontinue its platform, services, technical requirements, or access terms. Such changes may affect the availability or functionality of the Device, Application, or particular features. We may modify, replace, limit, or discontinue affected functionality as described in Section 12.

Your use of third-party platforms or services may also be subject to their applicable terms and policies. Nothing in this Section limits the Company’s obligations regarding services that it provides directly or any rights that cannot lawfully be excluded.

25. INTERPRETATION

Headings are inserted for the convenience of the parties only and are not to be considered when interpreting the Terms of Service. Words imparting the singular number shall include the plural and vice versa.

26. FORCE MAJEURE 

Neither Company nor the users are liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party; unless, the parties are aware of the existence of such a cause or it is reasonably foreseeable that such a cause might occur in the future in such an extent that it might affect the performance the parties’ obligations. Such causes include, but are not limited to, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, pandemics, or governmental action. In the event of force majeure, the affected party will notify the other party as soon as possible. If the delay continues for more than 90 days, either party may terminate the services without liability. This does not affect any rights the consumer may have under applicable consumer protection laws.

27. WAIVER

Our failure to exercise or enforce any of our rights under these Terms of Service shall not be deemed a waiver of such rights or affect our ability to exercise them in the future. No waiver of any provision of these Terms shall be effective unless it is in writing and signed by us. 

28. SEVERABILITY

If any provision of these Terms of Service is found to be inconsistent with or invalid under applicable law, such provision shall be deemed void, and the remaining provisions shall remain in full force and effect. Invalidity of any provision shall not affect the enforceability of the remaining provisions.

29. COMMUNICATIONS

You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form. By using the Platform or providing your email address, you expressly consent to receive electronic communications, including, without limitation, communications sent via automatic dialing, email or texting services, from the Company, its affiliates and partner companies. This may include, but is not limited to, communications regarding your proposed program, as well as information about additional programs or offerings from affiliated or partner companies.  For those who have provided their email without purchasing subscription services, the consent will remain effective for five years. For customers who have made a purchase, the consent shall remain in effect until revoked in writing by sending a request to help@nooa.coach . 

 

30. ASSIGNMENT

We reserve the right to assign or subcontract our rights or obligations under these Terms of Service, provided that such an assignment does not affect your statutory rights. You will be notified of any such assignment if required by law. 

31. APPLICABLE LAW 

The Platform is offered only to residents of the United States. Our services are not offered to, and are not intended for, individuals or entities located in, resident in, or ordinarily residing in the European Union (EU), the European Economic Area (EEA), or the United Kingdom (UK). By purchasing or using our services, you represent and warrant that you are a resident of the United States and that you are not a resident of, and do not access our services from, the EU, EEA, or UK.

This Agreement, and any dispute or claim arising out of or relating to it or its subject matter (whether based in contract, tort, statute, or any other basis for legal liability), shall be governed by and interpreted in accordance with the laws of the State of Wyoming, without regard to its conflict-of-laws principles. 

Notwithstanding the foregoing, the parties expressly agree that, to the fullest extent permitted by applicable law, any claim(s) between the parties, or any principal, executive, affiliate or agent of the parties, whether based in contract, tort, statute, or any other basis for legal liability, shall be deemed time-barred if not brought within one (1) year of the accrual of the applicable cause of action.

32. RESIDENTS OF THE EU, EEA AND UK

The Platform is offered only to residents of the United States. Our services are not offered to, and are not intended for, individuals or entities located in, resident in, or ordinarily residing in the European Union (EU), the European Economic Area (EEA), or the United Kingdom (UK). By purchasing or using our services, you represent and warrant that you are a resident of the United States and that you are not a resident of, and do not access our services from, the EU, EEA, or UK.

33. CLASS ACTION WAIVER

USER, COMPANY AND AFFILIATES HEREBY WAIVE, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. 

The foregoing waiver is referred to herein as the “class action waiver”. The Company, its affiliates and User further agree that no arbitrator shall have authority to conduct any arbitration in violation of the class action waiver or to issue any relief that applies to any person or entity other than the User and/or the Company and its Affiliates. The parties acknowledge that this class action waiver is material and essential to the arbitration of any claims and is non-severable from the Dispute Resolution section below. If the class action waiver is voided, found unenforceable, or limited with respect to any claim for which the User seeks class-wide relief, then the below Dispute Resolution section shall be null and void with respect to such claim, subject to the right to appeal the limitation or invalidation of the class action waiver. However, the Dispute Resolution section shall remain valid with respect to all other claims and Disputes. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

34. DISPUTE RESOLUTION:

The parties shall exercise their best efforts to resolve by negotiation all disputes, controversies, or differences between them. In the absence of an explicit written agreement to the contrary, all disputes between the parties, or any principal, executive, affiliate or agent of the parties, whether based in contract, tort, statute, or any other basis for legal liability, shall be governed by the laws of the State of Wyoming and resolved as follows:

a) In the event that the parties are not able to resolve by negotiation their disputes, controversies or differences, the aggrieved party shall provide written notice to the other party (“Receiving party”) of its intent to initiate arbitration as provided for herein. Said notice, hereinafter referred to as a “Notice of Intent to Commence Arbitration” shall include a) a brief description of the aggrieved party’s claim or dispute and, if applicable b) a specified claim for monetary damages.

b) Absent an express, written direction to the contrary by the receiving party, said notice(s) to the Company shall be forwarded to help@nooa.coach and said notice(s) to the User shall be forwarded to the email address provided by the User to the Company.

c) The Receiving Party shall, within fifteen (15) days of their receipt of a Notice of Intent to Commence Arbitration, respond to the aggrieved party. Said response shall include either a) an acceptance of the aggrieved party’s demand OR a counterproposal for resolution of the dispute.

d) In the event that the Receiving Party does not agree to the Aggrieved Party’s demand, or fails to respond to the Aggrieved Party’s Notice of Intent to Commence Arbitration within fifteen (15) days of their receipt of same, the aggrieved party may submit their claim for adjudication by the American Arbitration Association (“AAA”) as follows:

i. If and to the extent applicable, the claim shall be subject to the Consumer Rules and Procedures of the AAA (adr.org/consumer).

ii. Pursuant to the AAA Consumer Rules (R-9), if a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration.

iii. Absent a finding of potential prejudice by the arbitral tribunal, the matter shall be adjudicated by way of a desk decision and/or remote appearances. If in-person hearings are required, the local determination will be made after considering the positions of the parties, the circumstances of the parties and the dispute, and the Consumer Due Process Protocol.

iv. The arbitral award shall be final and binding upon both parties.
v. All aspects of the arbitration shall be confidential, and the parties and the arbitrator shall not disclose to others, or permit disclosure of, any information related to the proceedings, including but not limited to discovery, testimony and other evidence, briefs and the award.

vi. Absent a finding that a party's breach of this Agreement was willful or a result of gross negligence, the arbitrator shall not award attorney’s fees, indirect, special, consequential, incidental or exemplary damages.
vii. Notwithstanding the foregoing, the Arbitrator shall award attorney’s fees and costs against a party found to have brought any claim (or counterclaim) that is found to be frivolous or wholly without merit.

viii. Also notwithstanding the foregoing, the arbitrator shall award attorney’s fees, filing fees, costs and actual damages a) incurred by a party required to answer or litigate a claim within an alternate court or tribunal where it is ultimately determined that such claim(s) come within this scope of this arbitration provision OR b) where the filing party failed to comply with their obligation to provide a timely Notice of Intent to Commence Arbitration as outlined herein.

35. CONTACT US

Please address your questions and feedback to: help@nooa.coach