1. Acceptance of Terms
By accessing and using www.airvata.com (the “Site”), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use this Site.
airVata is a division of a dental laboratory entity specializing in the design and manufacture of oral appliances for sleep therapy and bruxism/TMJ management.
2. Professional Use Only
Provider Registration Required: airVata products are medical devices available exclusively to licensed dental professionals and healthcare providers (“Providers”). All product orders require completion of our provider registration process.
Professional Responsibility: By registering as an airVata Provider, you represent and warrant that you:
- Hold current, valid licensure to practice dentistry or related healthcare services
- Will use airVata products only within your scope of practice
- Will evaluate patient suitability for oral appliance therapy according to clinical standards
- Will provide appropriate patient education, fitting, follow-up, and adjustment services
3. Product Information and Medical Disclaimer
Educational Purpose: Information on this Site is provided for educational purposes to support licensed healthcare providers in clinical decision-making. It does not constitute medical advice.
Not Direct-to-Consumer: airVata products are not sold directly to consumers. Patients must obtain airVata appliances through a registered Provider following proper clinical evaluation.
Clinical Judgment Required: Product descriptions, including indications and contraindications, do not replace professional clinical judgment. Providers are solely responsible for:
- Patient assessment and diagnosis
- Treatment plan development
- Product selection and prescription
- Patient monitoring and outcomes
FDA Status: The airVata Sleep Appliance is FDA-cleared for the treatment of obstructive sleep apnea and snoring. The airVata NG is intended for bruxism and TMJ management in patients with no known obstructive sleep apnea.
4. Appropriate Use Guidelines
airVata Sleep Appliance: For patients diagnosed with obstructive sleep apnea or primary snoring, prescribed by qualified healthcare providers following appropriate diagnostic evaluation.
airVata NG Night Guard: For bruxism and TMJ management only. Contraindicated in patients with diagnosed obstructive sleep apnea. Providers must screen patients for sleep apnea risk before prescribing airVata NG.
Provider Obligation: Providers must ensure proper product selection based on patient diagnosis and clinical presentation.
5. Ordering, Pricing, and Payment
Registration Required: Only registered Providers may place orders. Registration requires verification of professional credentials.
Pricing: Pricing information is provided to registered Providers only and may vary based on product type, order volume, and shipping preferences. Prices are subject to change without notice.
Provider Discounts: Registered Providers receive 50% discount on airVata appliances for personal use and for their clinical team members.
Payment Terms: Payment is due according to the terms established during provider registration and order placement. We reserve the right to refuse service or cancel orders for non-payment.
Duplicate Appliances: Reduced pricing is available for identical duplicate appliances for backup or travel purposes. Contact support for details.
6. Warranty and Returns
Product Warranty: airVata Sleep Appliances include a 5-year warranty against manufacturing defects. Warranty terms and claim procedures are provided to registered Providers.
Warranty Limitations: Warranty does not cover damage from misuse, patient non-compliance, normal wear, or modifications made after delivery.
Returns: Custom-fabricated oral appliances are non-returnable except in cases of manufacturing defect. Defective products must be reported within 30 days of receipt.
7. Intellectual Property
All content on this Site, including text, graphics, logos, images, product descriptions, and software, is the property of airVata or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Limited License: Registered Providers may download and print materials for professional use in patient education and clinical practice. All other uses require written permission.
Restrictions: You may not modify, reproduce, distribute, create derivative works, publicly display, or commercially exploit any Site content without express written consent.
8. Privacy and Data Protection
Our collection and use of personal information is governed by our Privacy Policy, incorporated into these Terms by reference. By using this Site, you consent to our data practices as described in the Privacy Policy.
9. Third-Party Links
This Site may contain links to third-party websites for convenience and information. We do not endorse or assume responsibility for the content, privacy policies, or practices of third-party sites.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
airVata, its affiliates, and their respective officers, directors, employees, and agents SHALL NOT BE LIABLE for any indirect, incidental, special, consequential, or punitive damages arising from:
- Use or inability to use this Site
- Product selection, prescription, or patient outcomes
- Clinical decisions made by Providers
- Errors or omissions in Site content
- Unauthorized access to your account or data
Professional Liability: Providers retain full professional and legal responsibility for patient care, diagnosis, treatment decisions, and clinical outcomes. airVata provides manufacturing services only and assumes no liability for clinical decisions or patient outcomes.
11. Indemnification
Providers agree to indemnify, defend, and hold harmless airVata, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of airVata products in patient care
- Your breach of these Terms
- Your violation of any law or regulation
- Your violation of any third-party rights
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated “Last Updated” date. Continued use of the Site following posted changes constitutes acceptance of modified Terms.
13. Termination
We may suspend or terminate your access to this Site and your provider registration at any time, with or without cause or notice, including for violation of these Terms.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of [STATE], without regard to conflict of law principles.
Any dispute arising from these Terms or use of this Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and airVata regarding use of this Site and supersede all prior agreements and understandings.
17. Contact Information
For questions about these Terms and Conditions:
airVata
Email: support@airvata.com
Phone: 888-427-7671