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Legal

Terms of Service

Last updated: April 8, 2026

1. Acceptance of Terms

By accessing and using OPTES's website, products, and services (collectively, "Services"), including the NOVA product line, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Services. We reserve the right to modify these terms at any time. Your continued use of our Services following any modifications constitutes your acceptance of the updated terms.

2. Description of Service

OPTES provides:

  • Nova One: A non-invasive sleep headband with biometric sensing and adaptive haptic feedback for memory reinforcement
  • On-device processing for personalized sleep analysis and targeted memory reactivation
  • The novaneurac.com website, waitlist, and related informational services

3. Waitlist and Pre-Orders

Joining our waitlist or placing a pre-order does not constitute a binding contract. OPTES reserves the right to:

  • Cancel or modify pre-orders at any time
  • Adjust pricing prior to launch
  • Prioritize waitlist members at our discretion
  • Refund deposits or pre-order payments in full if needed

Pre-orders are not final purchases until payment is processed and confirmed.

4. Intellectual Property

All content, technology, and intellectual property on our website and within our Services, including but not limited to:

  • Text, graphics, logos, images, and design elements
  • Software code and algorithms
  • Trademarks and service marks
  • Patents and proprietary processes

...are the exclusive property of OPTES or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use these materials for personal, non-commercial purposes. You may not reproduce, distribute, transmit, display, or otherwise exploit our intellectual property without prior written consent.

5. Product Disclaimers

Not a Medical Device: Nova One is not intended to diagnose, treat, cure, or prevent any disease. It is not a medical device and should not be used to replace professional medical advice, diagnosis, or treatment. If you have any health concerns, consult with a healthcare provider.

No Medical Claims: While Nova One uses targeted memory reactivation (TMR) technology supported by scientific research, individual results vary. We do not guarantee specific outcomes or improvements in memory retention, sleep quality, or learning performance.

Safety Considerations: Nova One is designed for personal use by healthy adults. Consult a physician before using if you have:

  • Epilepsy or seizure disorders
  • Pacemakers or other implanted medical devices
  • Severe skin conditions on the head
  • Pregnancy complications
  • Other medical conditions that may be affected by vibration or audio stimuli

6. Prohibited Conduct

You agree not to use our Services to:

  • Violate any law or regulation
  • Infringe on intellectual property or privacy rights
  • Harass, threaten, or abuse others
  • Transmit viruses, malware, or harmful code
  • Reverse engineer, decompile, or attempt to discover source code or algorithms
  • Circumvent security measures or access controls
  • Sell, transfer, or commercialize access to our Services
  • Collect or harvest personal data without authorization

7. Limitation of Liability

To the maximum extent permitted by law, OPTES and its officers, directors, employees, and agents shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, or business interruption
  • Any damages arising from product use, including injuries or health issues
  • Failures, delays, or inaccuracies in our Services

Our total liability to you in any case shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

8. Indemnification

You agree to indemnify and hold harmless OPTES from any claims, damages, losses, and expenses (including attorney's fees) arising from:

  • Your use of our Services
  • Breach of these Terms
  • Violation of any law or rights of third parties
  • Content or information you provide or transmit

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms shall be exclusively brought in the state or federal courts located in Denver, Colorado. You consent to the jurisdiction and venue of such courts.

10. Changes to Terms

OPTES reserves the right to modify these Terms of Service at any time. Changes will be effective upon posting to our website. Your continued use of our Services constitutes acceptance of the modified terms. We encourage you to review these terms periodically.

11. Contact Us

If you have questions about these Terms of Service or any of our policies, please contact us:

OPTES
Denver, CO
Contact us