Terms of Service

Terms of Service

Last Updated: [Date]

Welcome to EmpNia Inc. (“EmpNia,” “Company,” “we,” “us,” or “our”). By accessing or using our website located at www.empnia.com (the “Site”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Site.

  1. Use of the Site

The Site is intended for informational purposes only and is designed to provide information about EmpNia and the EmpNia eMotus™ system, an FDA-cleared wearable fiber optic sensing solution for respiratory motion management in image-guided radiation therapy and diagnostic imaging. The Site is intended for users located in the United States.

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that violates any applicable federal, state, or local law or regulation; to transmit any advertising or promotional material without our prior written consent; to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site; or to use any automated means, including robots, crawlers, or scrapers, to access the Site for any purpose without our express written permission.

  1. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, photographs, software, and the compilation thereof (collectively, “Content”), is the property of EmpNia Inc. or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property laws. The EmpNia name, logo, eMotus name, and all related names, logos, product and service names, designs, and slogans are trademarks of EmpNia Inc. You must not use such marks without our prior written permission.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content on the Site without the prior written consent of EmpNia, except that you may temporarily store copies in RAM incidental to your accessing and viewing the Content; store files that are automatically cached by your web browser for display enhancement purposes; and print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  1. FDA-Cleared Medical Device Disclaimer

The EmpNia eMotus system is an FDA-cleared (510(k)) Class II medical device intended for use by qualified healthcare professionals. Information about the eMotus system provided on the Site, including its indications for use, features, and benefits, is intended for informational purposes only and is directed to healthcare professionals and other qualified individuals.

Nothing on the Site is intended as, or shall be construed as, medical advice, diagnosis, or treatment. The Content on the Site is not a substitute for professional medical judgment or clinical decision-making. Healthcare professionals should refer to the eMotus product labeling, including the Instructions for Use, for complete information regarding the device’s indications, contraindications, warnings, precautions, and directions for use.

EmpNia does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site, other than the eMotus system.

  1. No Warranties

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EMPNIA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EMPNIA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFORMATION ON THE SITE REGARDING THE EMPNIA EMOTUS SYSTEM IS SUBJECT TO CHANGE WITHOUT NOTICE.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMPNIA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF EMPNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL EMPNIA’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00).

  1. Indemnification

You agree to indemnify, defend, and hold harmless EmpNia Inc., its affiliates, and their respective directors, officers, employees, advisors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Site or your violation of these Terms.

  1. Third-Party Links

The Site may contain links to third-party websites or resources, including but not limited to LinkedIn. These links are provided for your convenience only. EmpNia has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the federal or state courts located in Hennepin County, Minnesota, and you consent to the personal jurisdiction of such courts.

  1. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes, we will update the “Last Updated” date at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

  1. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  1. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EmpNia Inc. regarding your use of the Site.

  1. Contact Us

If you have any questions about these Terms, please contact us at:

EmpNia Inc. 7500 Golden Triangle Dr. Eden Prairie, MN 55344 info@EmpNia.com 612-489-0748