Terms of Service

Last updated: 10/24/2026

These Terms of Service (this "Agreement") are a legal agreement between you ("User," "you," or "yours") and Nisone, LLC ("Company," "Platform", "we," "our," or "us") and govern your access to and use of the Platform and Service (as defined below) when used in connection with Nisone and online applications and services.

Definitions

The following definitions apply to this Agreement.

General Terms

BY ACCESSING OR USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, AND AFFIRMING that you are at least 18 years of age to enter into this Agreement. You acknowledge and agree that you have reviewed and accept the terms of this Agreement and you must not use the Service if you do not agree with the terms of this Agreement.

THIS AGREEMENT CONTAINS A JURY TRIAL WAIVER AND REQUIRES THAT ANY DISPUTE BE BROUGHT IN THE COURTS OF ALLEGHENY COUNTY, PENNSYLVANIA, AFTER A SIXTY-DAY NOTICE PERIOD, AS SECTION 3 EXPLAINS. IT DOES NOT REQUIRE ARBITRATION AND DOES NOT WAIVE YOUR RIGHT TO BRING OR JOIN A CLASS ACTION.

You specify the email address on your account as your primary method of communication with us. We will use it for every communication about your account, including any notice the law requires us to give you, and you agree to keep it current.

1. Terms for Study Creators

1.1 Content Ownership and Content Sharing

Creators keep full ownership of their creations, but the Platform needs licenses from you for this material in order to operate the Platform's services effectively. By making creations available on the Platform, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license covering your creations in all formats and channels now known or later developed anywhere in the world to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with any name, username, voice, or likeness provided in connection with it. If your creations contain any personal data, you also recognize the Platform's legitimate interest in it in accordance with the scope of this license.

You agree that you are solely responsible for the content you post.

You agree not to make available creations on the Platform which are injurious to users.

You agree that content must not be false, misleading, dangerous, harmful, or otherwise unlawful. We respond to notifications of content in violation of this agreement. We respond to reports of injurious content and have reasonably implemented a policy for removing injurious content.

You agree not to make available creations or otherwise make posts on the Platform that infringe others' intellectual property or proprietary rights. This includes standardized questionnaires, rating scales and other validated instruments, many of which are copyrighted and require a licence to reproduce; obtain the licence before adding one to an intake form or measure. The Platform reserves the right to remove creations and other material that violates the Platform's terms and policies, including these Terms of Use. We respond to compliant notifications of claimed copyright infringement and have adopted and reasonably implemented a policy for terminating, in appropriate circumstances, the accounts of creators who are the subject of compliant notifications of claimed copyright infringement or other evidence that suggests copyright infringement. The Copyright Policy applies to User Content only.

1.2 Representations About Your Studies

1.3 Content Moderation

We reserve the right, but do not assume the obligation, to: review, screen, edit, monitor, disable access to, restrict visibility of, or remove any User Content at any time.

We reserve the right to take any action we deem appropriate to protect the Platform, our users, or third parties.

We may take these actions with or without notice, and without liability to you.

1.4. No Obligation to Store Content

We do not guarantee that User Content will remain available. We may remove or delete User Content at any time, for any reason, and we are not responsible for any loss of data. You are solely responsible for maintaining backup copies of your User Content.

1.5. No Waiver of Rights

Our failure to enforce any part of this section does not constitute a waiver of our right to enforce it later.

2. Terms for Participants and Study Consumers

2.1 Log Entries

Your Log Entries are yours. We claim no ownership of them and no right in them beyond this Section 2.1.

How they are collected and shared. Our collection and sharing of Log Entries is governed by the Privacy Policy, the Consumer Health Data Collection Consent and the Consumer Health Data Sharing Consent, each of which you accept separately when you create your account. Where those documents and this Agreement differ about Log Entries, those documents prevail.

Permission. You permit us to store your Log Entries, to show them back to you, and to include them, pseudonymously and identified by an enrollment number only, in the export of each study you join. You permit anyone who downloads that export to use your Log Entries within it for the purposes Section 2.2 allows. This permission is non-exclusive and carries no other right. It ends when you leave a study or delete your account, except for exports already downloaded, which we cannot recall and which remain subject to the downloader's obligations under Section 2.2.

Not reviewed. No one at Nisone reads or moderates Log Entries, and nothing you write in one will be seen or acted on as a request for help. If you think you have a medical emergency, call 911 (988 for a mental health emergency) or your local emergency number immediately. We withhold a Log Entry from exports only where the law requires us to. The Copyright Policy does not apply to Log Entries.

Not a medical record. A measurement log is your journal. No clinician reads it, and nothing in it, or in any study, guide or export, is medical advice.

Taking part. Your intake answers must be truthful, because eligibility and pooling depend on them. You may leave a study at any time. The Study Creator may discontinue your enrollment. Log Entries already pooled in a study's export stay there, as the Consumer Health Data Sharing Consent says.

2.2 Study Exports

Any Study's pooled measurement log and intake answers can be downloaded by any account holder. Exports are pseudonymous: each participant is identified by an enrollment number only. Every obligation in this Section 2.2 applies to every row of an export, including rows recorded by participants who have since left the study or deleted their account. By downloading an export you agree that:

These commitments are public: this Agreement is published at /terms and every account holder accepts it. Breach of this Section 2.2 is grounds for immediate termination of your account under Section 3.6 and for the injunctive relief that this Agreement preserves. These obligations survive the termination of your account.

3. Terms for all users

3.1 Governing Law and Venue

This Agreement, and any Dispute, is governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. Any Dispute shall be brought exclusively in the state or federal courts sitting in Allegheny County, Pennsylvania, and you and the Company each consent to the personal jurisdiction of, and venue in, those courts, except as Section 3.2 provides for small claims and equitable relief. Nothing in this Agreement limits any right you have under the law of the state or country where you live that cannot be waived by agreement, including any right to bring a claim in the courts where you live that such a law gives you.

This Agreement does not require you to arbitrate any Dispute. It does not waive your right to bring or join a class, collective or representative action. The one right it does waive is the right to a jury, in Section 3.3.

3.2 Disputes: Notice, Sixty-Day Resolution Period, Small Claims and Equitable Relief

A "Dispute" is any dispute, claim or controversy between you and the Company arising out of or relating to this Agreement or your use of the Platform, whether based in contract, statute, tort or any other legal theory.

Notice first. Before either of us starts a court case about a Dispute, the one who wants to start it must send the other a written notice describing the Dispute and the relief sought. You send yours to support@nisone.org; we send ours to the e-mail address on your account. For sixty (60) days after the notice is received, you and the Company will try in good faith to resolve the Dispute between ourselves. A court case may be filed only after those sixty days have passed without a resolution. Any statute of limitations that applies to the Dispute is paused while the sixty days run, so the notice costs no one their claim.

Small claims. Either of us may instead bring an individual claim in a small claims court of competent jurisdiction (in Pennsylvania, a magisterial district court), including the small claims court where you live, without first sending the notice described above, so long as the claim stays in that court.

Equitable relief. Nothing in this Section 3 prevents either of us from asking a court of competent jurisdiction, at any time, for injunctive or other equitable relief needed to prevent the actual or threatened infringement, misappropriation or violation of data security, intellectual property rights or other proprietary rights, including the relief that Sections 2.2 and 3.8 preserve.

3.3 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE. A JUDGE, NOT A JURY, WILL DECIDE ANY DISPUTE THAT GOES TO TRIAL. THIS WAIVER DOES NOT REQUIRE ARBITRATION AND DOES NOT LIMIT YOUR RIGHT TO BRING OR JOIN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. IF YOU DO NOT AGREE TO THIS WAIVER, DO NOT USE THE SERVICE.

3.4 Fees and Costs; Severability; Survival

Each of us bears our own attorneys' fees and costs in any Dispute, except that a court may award you your reasonable attorneys' fees and costs where applicable law allows, and may award the Company its attorneys' fees and costs only if the court finds that your claim was frivolous or brought for an improper purpose, and only to the extent applicable law allows. Nothing in this Section 3 requires you to pay the Company's fees or costs because you did not prevail.

If any provision of this Section 3 is found unenforceable, the remainder stays in full force and effect. If the jury trial waiver in Section 3.3 is found unenforceable as to a Dispute, that Dispute is tried before a jury in the courts named in Section 3.1, and nothing else in this Agreement changes.

This Section 3 survives the termination of your account and of this Agreement.

3.5 Medical Disclaimer

ALL OF THE MATERIALS PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MESSAGES, ARTICLES, POSTS, FORUM POSTINGS, AND ANY OTHER MATERIALS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR, NOR SHOULD BE TAKEN AS, PROFESSIONAL CLINICAL ADVICE OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL CLINICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION PROVIDED TO YOU THROUGH THE SERVICE. THE PLATFORM DOES NOT PROMISE ANY PARTICULAR RESULTS WITH REGARDS TO YOUR HEALTH IN CONNECTION WITH YOUR USE OF THE SERVICE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 (988 FOR MENTAL HEALTH EMERGENCY) OR YOUR LOCAL EMERGENCY PHONE NUMBER IMMEDIATELY.

THE PLATFORM DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICATION, THERAPY, TESTS, PHYSICIANS, THERAPISTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH THE PLATFORM. RELIANCE OR USE OF ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK. THE PLATFORM DOES NOT UNDERTAKE ANY RESPONSIBILITY IN RELATION TO THE QUALITY OF STUDIES. WE RECOMMEND THAT YOU USE REASONABLE DISCRETION IN CONSUMING THE MATERIALS HOSTED ON THE PLATFORM.

All Studies, Guides, Logs, and their constituent materials are provided for informational purposes only and do not constitute medical or professional advice. You should consult a qualified healthcare professional before attempting any technique. Use of any Study, Guide, or Log is solely at your own risk. The Platform does not undertake any responsibility in relation to the quality of the materials comprising Studies, Guides, and Logs which are hosted on it. The Platform recommends that you use reasonable discretion when consuming informational materials.

To the fullest extent permitted by law, the Platform, its officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your access to or use of any guide or log, even if advised of the possibility of such damages. Your sole remedy is to seek recourse against the applicable author.

3.6 Account Suspension and Termination

We may suspend or terminate your account, or restrict your access to some or all of the Platform, if we determine, in our sole discretion, that you have violated these Terms; that your User Content or your conduct is harmful, unlawful, or otherwise violates our policies; that your conduct poses a risk to the Platform, other users, or third parties; or that we are required to do so by law or regulatory request.

Suspension or termination may occur with or without prior notice. Upon termination, your right to access or use the Platform will immediately cease.

3.7 Your Account

Your account is yours alone. Keep your password confidential, do not share your account or let anyone else use it, and do not use anyone else's. You are responsible for what is done through your account until you tell us it has been compromised. If you believe your password has been exposed or that someone else has used your account, change your password and tell us at once at support@nisone.org. The e-mail address on your account is how we reach you, as the General Terms say, so keep it current.

3.8 Acceptable Use

You may use the Service only through the Nisone applications and website, as we provide them. You will not:

Breach of this Section 3.8 is grounds for suspension or termination under Section 3.6 and for the injunctive relief this Agreement preserves.

3.9 Changes to this Agreement

We may update this Agreement. The current version is always published at /terms, with the date of its most recent change at the top. We tell you about a material change at least thirty (30) days before it takes effect, by e-mail to the address on your account and as a notice in the application, so that you can read what changed and, if you prefer, delete your account first. Where the application asks you to accept the new version, your acceptance is recorded against that version. Using the Service after a change takes effect means you accept it. A change that the law requires of us, or that only corrects an error or adds a feature without reducing your rights, may take effect when it is published.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY AND ANY OF ITS AFFILIATED ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM COMPUTER FAILURE OR MALFUNCTION, HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL COMPANY AND ANY OF ITS AFFILIATED ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM CANCELLED OR OTHERWISE UNFULFILLED APPOINTMENTS AND UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR MEDICAL MALPRACTICE, FRAUD, OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (II) ACTS OR OMISSIONS BY ANY CREATOR; (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VIII) USER CONTENT, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (IX) YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY THIRD PARTY MATERIALS. IN NO EVENT SHALL COMPANY OR ANY AFFILIATED ENTITY BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE, OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Company will not be deemed in breach of this Agreement due to any event or occurrence beyond Company's control, including, without limitation, acts of God, storms, lockouts, shortage of labor, problems in obtaining raw materials or production facilities, terrorism, war, invasion, disease, epidemic, failures of any public networks or transportation networks, electrical shortages, equipment shortage, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

5. Indemnity

You agree to defend, indemnify, and hold harmless Company, its Affiliated Entities, and their respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) User Content or any content that is submitted via your User Account, including misleading, false, or inaccurate information; (vi) your negligence or willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password, or other appropriate security code.

6. Privacy Policy

See our privacy policy for information on how we steward your data.

7. Disclaimer of Warranty

THE SERVICE IS PROVIDED ON AN "AS IS," "WHERE AVAILABLE" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE (INCLUDING ANY PAID SERVICE) AND THIRD PARTY MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON INFRINGEMENT, AND TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

FURTHER, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, licensees, suppliers, and service providers (collectively, the "Affiliated Entities"), and their respective successors and assigns.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY COMPANY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY COMPANY OR THIRD PARTIES IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.