Terms of Service

Last updated: April 20, 2026

1. Acceptance of Terms

By creating an account or using the NightSherpa service, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before using our service. If you do not agree to these Terms, do not use NightSherpa.

These Terms constitute a legally binding agreement between you and NightSherpa ("we," "us," or "our"). We may update these Terms from time to time; continued use of the service after changes are posted constitutes acceptance of the revised Terms.

2. Description of Service

NightSherpa is a consumer wellness service that provides overnight pulse oximetry studies using a rental ring-style device. After your study is complete, you upload your recorded data (as a CSV file) via email. Our automated system processes that data and generates a PDF report containing metrics such as blood oxygen saturation levels, pulse rate, and oxygen desaturation index (ODI) values, along with definitions, terminology, and published industry reference ranges.

NightSherpa is a data aggregation and wellness information tool only. It is not a medical device, diagnostic service, or clinical tool, and it does not constitute medical advice of any kind. See Section 4 for our full medical disclaimer.

3. Equipment Rental

NightSherpa rents you a Wellue O2Ring pulse oximetry device ("Device") for use during your study period. The following terms apply to your equipment rental:

• Device ownership: The Device remains the sole property of NightSherpa at all times. You receive a temporary license to use it for the duration of your study period only.
• Your responsibility: You are responsible for the Device from the time you receive it until it is received back by NightSherpa. This includes loss, theft, or damage beyond normal wear and tear.
• Return requirement: You must return the Device within 14 days of completing your study using the prepaid return envelope included with your kit. Please package the Device securely.
• Lost or damaged device fee: If the Device is not returned within the required window, is lost, or is returned in a damaged condition, you will be charged a replacement fee of $149. We will notify you before charging this fee.
• Do not modify the Device: You may not attempt to repair, alter, or reverse-engineer the Device in any way.

4. Not Medical Advice

IMPORTANT: NightSherpa is not a medical service. Nothing provided through NightSherpa — including your report, any metrics, reference ranges, or other content — constitutes medical advice, diagnosis, or treatment.

Specifically:

• Your report is generated by an automated system. No physician, nurse, or other licensed healthcare provider reviews your data or your report at any point.
• The report is provided for informational and general wellness purposes only. It is not intended to replace a consultation with a qualified healthcare provider.
• No physician-patient, therapist-client, or other professional relationship is created between you and NightSherpa by your use of this service.
• The reference ranges and terminology included in your report are drawn from published literature for general informational context. They do not constitute a clinical assessment of your individual health status.
• You should always consult a qualified and licensed healthcare provider with any questions or concerns about your health, including anything suggested by your report. Do not delay seeking medical attention or disregard professional medical advice because of information you received through NightSherpa.

5. Automated Processing

Your sleep study report is generated entirely by automated software systems. No human reviews, interprets, or validates your data or your report. The system processes the CSV data you submit and applies standardized calculations and formatting to produce your PDF report. NightSherpa makes no representations about the accuracy or completeness of any individual report and is not liable for errors in automated processing.

6. Payment and Refunds

Payment is collected at the time you place your order. All sales are final once your study kit has shipped. Because we incur costs for device rental, shipping, and kit preparation upon shipment, we are unable to offer refunds after that point.

If you experience a problem with your order, your device, or your report, please contact us at support@nightsherpa.com and we will work with you to find a reasonable resolution.

Payment processing is handled by Stripe. NightSherpa does not store your card details. Equipment damage or non-return fees (see Section 3) will be charged to the payment method on file.

7. Data and Privacy

Your use of NightSherpa involves the collection and processing of personal and health-related data. Please review our Privacy Policy to understand what data we collect, how we use it, how long we retain it, and your rights with respect to that data. Our Privacy Policy is incorporated into these Terms by reference.

8. Report Access and Retention

Your completed report will be available for download from your NightSherpa account for 180 days after the report is generated. After 180 days, your report is permanently and irrecoverably deleted from our systems.

We strongly recommend downloading your report promptly after it is generated. NightSherpa is not responsible for reports that are no longer accessible after the 180-day retention period has expired. We do not maintain archival copies.

9. Acceptable Use

You agree to use NightSherpa only for its intended purpose and in compliance with all applicable laws and regulations. You agree not to:

• Use the service for any purpose that is unlawful or prohibited by these Terms
• Attempt to gain unauthorized access to any part of the NightSherpa platform or systems
• Interfere with or disrupt the service or servers connected to the service
• Share your account credentials with others or create accounts on behalf of others without authorization
• Submit data that belongs to another person without their explicit consent
• Use the service if you are under 18 years of age
• Attempt to reverse-engineer or copy any part of the NightSherpa platform

10. Limitation of Liability

To the fullest extent permitted by applicable law, NightSherpa's total liability to you for any claims arising out of or relating to these Terms or your use of the service — whether in contract, tort, negligence, or otherwise — is limited to the total amount you paid to NightSherpa in the 12 months immediately preceding the claim.

NightSherpa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profit, or damages resulting from your reliance on information in your report or your failure to seek professional medical advice.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in [State].

12. Changes to Terms

We may update these Terms from time to time to reflect changes in our service, legal requirements, or for other reasons. When we make material changes, we will notify you by email or by displaying a prominent notice within your account. The updated Terms will include a revised "Last updated" date at the top of this page.

Your continued use of NightSherpa after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you should stop using the service and contact us about closing your account.

13. Contact

If you have questions about these Terms or our service, please contact us at:

NightSherpa Support
support@nightsherpa.com