Terms & Conditions

Last updated: June 2026

These Terms and Conditions ("Terms") govern your access to and use of the balanceback website at balanceback.com (the "Website") and the information and materials made available through it. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Website.

1. Acceptance of Terms

By using the Website, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you are using the Website on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Scope & the balanceback Product

The Website provides general information about the balanceback™ videonystagmography (VNG) diagnostic system and related resources, and a means to request information or contact us. These Terms govern the Website only.

Purchase, licensing, deployment, and clinical use of the balanceback system and software are governed by separate written agreements — including the applicable master services or license agreement and, where the system processes protected health information, a Business Associate Agreement (BAA). Those agreements, not these Website Terms, control your use of the product.

3. Medical Device & No Medical Advice

balanceback is an FDA-cleared Class II Nystagmograph (510(k) K042529 and K070729; 21 CFR 882.1460). The system records, displays, and analyzes eye movements and presents objective findings; it does not provide a diagnosis or diagnostic recommendations. Clinical interpretation is performed by a qualified clinician.

The information on this Website is provided for general informational purposes and product education. It is not medical advice and is not a substitute for professional clinical judgment, diagnosis, or treatment. Do not rely on Website content to make clinical decisions. Product capabilities, availability, and regulatory status may change; confirm current details with a balanceback representative.

4. Acceptable Use

You agree not to use the Website to:

• Violate any applicable federal, state, or local law or regulation;
• Submit false, misleading, or deceptive information;
• Harass, threaten, or harm any individual;
• Infringe the intellectual property or other rights of any party;
• Attempt to gain unauthorized access to the Website or related systems;
• Interfere with or disrupt the integrity or performance of the Website;
• Transmit any malware or otherwise harmful code.

5. Information Requests & Communications

When you submit a request through the Website (for example, the contact or "request information" form), you authorize us to contact you about the balanceback product using the contact details you provide. We handle the information you submit in accordance with our Privacy Policy. Submitting a request does not create any obligation to purchase, and does not by itself form any agreement for products or services.

6. Intellectual Property

All content, software, designs, logos, trademarks, and other materials made available through the Website are the exclusive property of balanceback or its licensors and are protected by applicable intellectual-property laws. Nothing in these Terms grants you any ownership interest in our intellectual property. You are granted a limited, non-exclusive, non-transferable license to view and use the Website for your internal evaluation and informational purposes in accordance with these Terms.

7. Confidentiality

If, in the course of evaluating balanceback, either party receives information designated as confidential, that party agrees to keep it confidential and not to disclose it to any third party without prior written consent, except as required by law.

8. Disclaimer of Warranties

The Website and its content are provided "as is" and "as available" without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or free of harmful components, nor that any information on it is complete or current. Any warranties for the balanceback product are set out in the separate product agreements described in Section 2.

9. Limitation of Liability

To the fullest extent permitted by applicable law, balanceback shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use of the Website — even if advised of the possibility of such damages. Our total cumulative liability arising from your use of the Website shall not exceed one hundred U.S. dollars (US $100).

10. Indemnification

You agree to indemnify, defend, and hold harmless balanceback and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or connected with your use of the Website, your violation of these Terms, or your violation of any rights of a third party.

11. Termination

We reserve the right to suspend or terminate your access to the Website at any time, with or without cause or notice, including if we believe you have violated these Terms or applicable law.

12. 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 dispute arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in that state.

13. Changes to These Terms

We may update these Terms from time to time. We will indicate the date of the most recent revision at the top of this page. Your continued use of the Website after any change constitutes acceptance of the updated Terms.

14. Contact Us

Questions about these Terms? Contact us:

balanceback
Email: [email protected]
Or via our contact page.