Terms of service
Terms of Service
MedSense Labs, LLC d/b/a Brux Aware Last Updated: July 13, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER (SECTIONS 22–23) THAT AFFECT YOUR LEGAL RIGHTS AND REQUIRE DISPUTES TO BE RESOLVED INDIVIDUALLY. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 22.
GENERAL WELLNESS PRODUCT. Brux Aware is a general wellness product intended only to help you become more aware of recognized clenching activity. It is NOT a medical device and is NOT intended to diagnose, treat, cure, mitigate, prevent, or monitor bruxism, temporomandibular disorders, sleep disorders, or any other disease or medical condition. See Sections 12–14.
1. Who We Are; Acceptance of These Terms
These Terms of Service (“Terms”) are a binding contract between you (“you,” “your,” or “User”) and MedSense Labs, LLC, a California limited liability company doing business as Brux Aware (“Brux Aware,” “MedSense Labs,” “Company,” “we,” “us,” or “our”). MedSense Labs, LLC is the seller of the Products and the operator of the Services; “Brux Aware” is a brand and registered fictitious business name of MedSense Labs, LLC. Our online store is powered by Shopify, which provides ecommerce functionality, but all sales are made by MedSense Labs, LLC.
These Terms govern your access to and use of: the Brux Aware smart mouthguard and related hardware and accessories (the “Product” or “Device”); the Brux Aware mobile application (“Mobile App”); firmware and software; our websites, including www.bruxaware.com and launch.bruxaware.com (the “Website”); cloud services, customer support, accounts, subscriptions, and any other products, features, or services that reference or link to these Terms (collectively, the “Services”).
By clicking “I Agree,” “Accept,” “Place Order,” “Sign Up,” or a similar control; by creating an account; by purchasing, reserving, activating, or using a Product; by downloading or using the Mobile App; or by otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all documents incorporated by reference in Section 3. Your electronic acceptance has the same legal effect as a handwritten signature. If you do not agree to these Terms, do not access or use the Services and do not purchase a Product.
2. Eligibility; Minors
You may use the Services only if you are at least 18 years old (or the age of majority in your jurisdiction, if greater) and legally able to enter into a binding contract. The Services are not directed to and are not intended for children.
A parent or legal guardian who accepts these Terms may purchase a Product for, and supervise its use by, a minor 13 years of age or older in the guardian’s household, but only if the guardian: (a) accepts these Terms on the minor’s behalf and remains fully responsible for the minor’s use; (b) determines the Product is appropriate for that individual; (c) supervises use, including any overnight use; and (d) manages any account, which must be created and controlled by the adult. The Product is not intended for use by, and must not be purchased for, any child under 13. We do not knowingly permit account creation by or collect personal information from children under 13 except as described in our Privacy Policy. If you are a parent or guardian and believe a child under 13 has used the Services or provided information to us, contact us at hello@bruxaware.com.
You also represent that you are not located in, and will not use the Services from, any jurisdiction subject to comprehensive U.S. trade sanctions, and that you are not on any U.S. government restricted-party list.
3. Documents Incorporated by Reference
The following are incorporated into and form part of these Terms. By agreeing to these Terms, you also agree to them:
- Privacy Policy — how we collect, use, and disclose personal information, including Wellness Activity Data;
- Return & Refund Policy — including the 30‑Day Comfort & Satisfaction Guarantee;
- Limited Warranty — the exclusive express warranty for the Device;
- Shipping Policy;
- Legal Notice & Disclosures, including the General Wellness and California Proposition 65 notices; and
- any product-, feature-, promotion-, subscription-, or beta-specific terms that state they are incorporated.
If there is a direct conflict about a specific subject, the more specific document controls for that subject only, in this order: (1) a separate signed written agreement; (2) product/feature-specific supplemental terms; (3) these Terms; (4) the incorporated policies. No incorporated document expands your rights beyond these Terms unless it says so expressly. Nothing in this Section limits any right you have under applicable law that cannot be waived.
4. Accounts and Security
Some features require an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials and for all activity under your account, and you must notify us promptly of any unauthorized use. Accounts are personal to you and may not be sold, shared, or transferred. We may refuse, suspend, restrict, or terminate an account as described in Section 21.
5. Orders, Pricing, Payment, and Pre-Orders
Orders. Your submission of an order is an offer to purchase. No contract of sale is formed until we accept your order by shipping the Product, activating the Service, or sending written confirmation. We may refuse, limit, or cancel any order — including for suspected fraud, pricing or inventory errors, or legal or supply reasons — and if we cancel after charging you, we will refund the affected amount.
Pricing and errors. Prices are shown in U.S. dollars and exclude taxes, shipping, and any customs or import charges unless stated. We may correct errors, inaccuracies, or omissions and change or update information (including after you submit an order) and are not obligated to honor a price resulting from an obvious typographical or system error.
Payment. You represent that you are authorized to use the payment method provided and authorize us and our payment processors to charge the purchase price, taxes, shipping, subscription fees, and other authorized amounts. Payments are processed by third-party processors subject to their terms; we do not store full payment-card numbers.
Pre-orders, reservations, and deposits. Pre-orders, reservations, waitlist offers, “VIP” deposits, and promotional discounts are subject to the specific terms disclosed when offered and to the Return & Refund Policy. Estimated ship or availability dates for pre-ordered Products are estimates only and not guaranteed. Consistent with the FTC Mail, Internet, or Telephone Order Merchandise Rule, if we cannot ship within the time we stated (or within 30 days if no time was stated), we will notify you and offer the choice to consent to a delay or to cancel for a full refund of amounts paid. Unless the applicable promotion states otherwise, VIP reservation deposits are non-refundable after the reservation is confirmed, except where required by law or where we cancel the program or cannot provide the reserved benefit.
Subscriptions and automatic renewal. If you enroll in a subscription or auto-renewing Service, you authorize recurring charges at the disclosed interval until you cancel. Consistent with automatic-renewal laws (including California’s), we will present the renewal terms clearly before you enroll, obtain your affirmative consent, send any acknowledgment or renewal reminders required by law, and provide an easy online cancellation method. Canceling stops future renewals; unless required by law, fees already charged for the current period are not refundable and access continues through the paid period.
Taxes. You are responsible for applicable sales, use, and similar taxes and government charges, except taxes on our income. We may collect and remit taxes where required.
6. Shipping, Delivery, and Risk of Loss
Shipping and delivery are governed by our Shipping Policy. Delivery dates are estimates and are not guaranteed. Unless applicable law provides otherwise, title and risk of loss pass to you when we deliver the Product to the carrier; where mandatory consumer law provides that risk of loss remains with the seller until you receive the goods, that law controls. Inspect your Product promptly and report shipment damage, shortages, or errors to hello@bruxaware.com within a reasonable time so we can assist.
7. License to the Mobile App and Software
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Mobile App, firmware, and software solely for your personal, lawful use with authorized Products. We and our licensors retain all right, title, and interest in the Services, software, firmware, algorithms, models, designs, trademarks, and other intellectual property. Except as permitted by applicable law (including non-waivable rights to interoperate) or by an applicable open-source license, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or attempt to derive source code from, the software; remove proprietary notices; circumvent security or technical protections; scrape or use automated data-collection tools; or use the Services to build a competing product through misappropriation of our technology. Open-source components are governed by their own licenses. If you obtain the Mobile App through the Apple App Store or Google Play, the Section 24 app-store terms apply.
8. Firmware and Software Updates
We may provide automatic or manual updates (security, bug-fix, compatibility, feature, or maintenance). Some updates are required for continued operation, security, or access to certain features, and you agree to install required updates within a reasonable time. Updates may add, change, or remove features. We are not obligated to provide updates or to support any version indefinitely; where a material change significantly affects a paid Service, we will give any notice required by law. You are responsible for maintaining compatible devices, operating systems, connectivity, and Bluetooth capability.
9. Acceptable Use and Prohibited Conduct
You agree to use the Services only for lawful purposes and in accordance with our documentation, warnings, and safety information. You will not: use the Services unlawfully, fraudulently, or in violation of these Terms; interfere with or disrupt the Services or introduce malicious code; conduct unauthorized security testing; access accounts, systems, or data without authorization; impersonate others or provide false information; infringe intellectual property or other rights; resell or commercially exploit the Services without authorization; scrape or harvest data; or modify, tamper with, or disable Product hardware, firmware, sensors, or safety features other than as authorized (for example, ordinary boil-and-bite fitting per our instructions). We may investigate suspected violations and take any action permitted by law or these Terms; our decision not to enforce a provision is not a waiver.
10. Wireless, Connectivity, and No Emergency Use
The Product uses Bluetooth® and other wireless technologies whose performance depends on factors outside our reasonable control (distance, obstructions, interference, battery, operating systems, third-party hardware, and connectivity). We do not guarantee uninterrupted, continuous, secure, or error-free connectivity, and temporary interruptions are not, by themselves, a Product defect. The Services are not designed or intended for emergency communications, life-safety, health-alerting, or time-sensitive monitoring. Do not rely on the Services to contact emergency responders or to provide medical or emergency monitoring.
11. User Content and Feedback
If you submit content (support requests, reviews, survey responses, notes, photos, or other materials), you retain ownership but grant us and our service providers a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, adapt for technical compatibility, display, and use that content as reasonably necessary to operate, support, secure, and improve the Services, subject to our Privacy Policy. You represent that you have the rights necessary to submit the content and that it does not infringe or violate any third-party right or law. Feedback (ideas, suggestions, feature requests) is voluntary and non-confidential, and we may use it for any purpose without restriction or compensation. We may, but need not, monitor or remove content that we reasonably believe violates these Terms or the law.
12. General Wellness Product — Intended Use and Limits
Brux Aware is a general wellness product. It is designed and marketed solely to help you become more aware of recognized clenching and grinding activity and related usage patterns, and to provide optional gentle vibration feedback and app-based trends to support that awareness.
Brux Aware is not a medical device. It is not intended, and must not be used or relied upon, to diagnose, treat, cure, mitigate, prevent, or monitor bruxism, temporomandibular joint disorder (TMJ/TMD), any sleep, dental, neurological, or other disease, disorder, injury, or medical condition. It has not been cleared, approved, or authorized by the U.S. Food and Drug Administration or any comparable authority, and it has not been evaluated in clinical trials. Any research, testing, or validation we conduct evaluates Product performance under defined conditions and does not establish clinical efficacy or predict results for any individual.
Detection is imperfect. The Product may not recognize every clenching or grinding event, may register events that did not occur (false positives) or miss events that did occur (false negatives), and may not operate continuously. Notifications, scores, trends, vibration feedback, and other outputs are informational only, individual results vary, and we do not guarantee any awareness, behavioral, sleep, dental, or health outcome. Do not interpret any output as a medical finding, diagnosis, or clinical recommendation.
Interpretation. Any statement anywhere in the Services, marketing, or these Terms that could be read to suggest a medical purpose shall be interpreted consistently with this Section and our general wellness position, and shall not be construed to expand the Product’s intended use.
13. No Medical Advice; No Professional Relationship
The Services do not provide medical, dental, psychological, or other professional advice, and your use of them does not create any physician-, dentist-, healthcare-provider-, or other professional relationship with us or our personnel. Always seek the advice of a qualified healthcare or dental professional with questions about your health, your teeth or jaw, grinding or clenching, sleep, or any medical condition, and never disregard or delay professional advice because of anything you access through the Services. If you may be experiencing a medical or dental emergency, contact emergency services or a qualified professional immediately.
14. Assumption of Risk and Safety
Your use of the Product is voluntary, and you assume the ordinary risks associated with an intraoral appliance and related mobile technology, including temporary discomfort, irritation, fit issues, and imperfect or interrupted activity recognition. You agree to follow all fitting, use, cleaning, charging, storage, and maintenance instructions; to inspect the Device before use; and to use only charging equipment we authorize. Discontinue use and consult an appropriate healthcare or dental professional if you experience persistent pain, oral injury or significant irritation, bleeding, swelling, infection, an allergic reaction, or damage to your teeth, dental work, or oral appliances that may be related to Product use. The Product is not intended for unsupervised use by minors. Nothing in this Section waives any right or remedy that cannot be waived under applicable law.
15. Privacy and Data
Our collection, use, and disclosure of personal information — including “Wellness Activity Data,” which certain laws may treat as sensitive or consumer health data — is governed by our Privacy Policy, which is incorporated by reference. Where required by applicable consumer-health-data laws (including the Washington My Health My Data Act, the Nevada consumer-health-data law, and similar laws), we will obtain any separate consent those laws require before collecting or sharing consumer health data, and we describe your rights and choices in the Privacy Policy. By using the Services you acknowledge that you have had the opportunity to review the Privacy Policy.
16. Third-Party Services and Platform Integrations
The Services may interoperate with third-party services and optional platform integrations (for example, Apple Health or Google Health Connect). Those are provided by independent third parties under their own terms and privacy practices; participation is optional; and we are not responsible for their availability, performance, security, or acts and omissions. Enabling an integration does not create a medical record, establish a provider relationship, or change our general wellness position.
17. Limited Warranty; Disclaimer of Other Warranties
The Limited Warranty is the sole express warranty for the Device and is incorporated by reference. Except for the Limited Warranty and except for warranties, rights, or remedies that cannot be excluded or limited under applicable law, and to the maximum extent permitted by law, the Services and Products are provided “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS,” and we disclaim all other warranties and conditions, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Non-waivable implied warranties (including the implied warranty of merchantability under the California Song-Beverly Consumer Warranty Act) are not disclaimed where the law prohibits their disclaimer; instead, to the extent permitted, they are limited in duration to the duration of the Limited Warranty (or the minimum period the law requires, if longer). Some jurisdictions do not allow certain disclaimers or duration limits, so some of the above may not apply to you. We do not warrant that the Services will be uninterrupted, error-free, secure, or compatible with every device, or that any output is complete or accurate, or that use will produce any particular result. Consistent with Sections 12–13, we make no representation or warranty that the Product diagnoses, treats, mitigates, prevents, or monitors any condition.
18. Limitation of Liability
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, for violations of the California Consumers Legal Remedies Act or Song-Beverly Act, or for any other liability that applicable law prohibits limiting (California Civil Code § 1668 and comparable laws). The limitations below apply only to the extent permitted by law and do not apply to the foregoing.
To the maximum extent permitted by law, we and our affiliates, licensors, suppliers, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or anticipated savings, arising out of or relating to the Products, Services, or these Terms, on any theory (contract, tort, strict liability, statute, or otherwise), even if advised of the possibility.
To the maximum extent permitted by law, and except for liabilities that cannot be limited as stated above, our total aggregate liability arising out of or relating to the Products, Services, or these Terms will not exceed the greater of (a) the amount you paid us for the Product or Service giving rise to the claim in the 12 months before the event, or (b) one hundred U.S. dollars ($100). This cap does not apply to claims for personal injury or to any other liability that cannot be capped under applicable law. You acknowledge that these allocations of risk are reflected in the price and are a basis of the bargain. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.
19. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless MedSense Labs, LLC and its affiliates, members, managers, officers, employees, contractors, and agents from third-party claims, damages, liabilities, and reasonable attorneys’ fees arising out of or relating to your violation of these Terms or applicable law, your misuse of the Products or Services, your unauthorized modification of a Product, your User Content, or your infringement of another’s rights. This Section does not apply to the extent a claim arises from our own gross negligence or willful misconduct, and it does not require indemnification where prohibited by consumer-protection law. We may assume the exclusive defense of any indemnified matter, and you will cooperate.
20. Electronic Communications and Notices
You consent to receive communications and records from us electronically (email, in-app, account, Website postings, and, where you separately consent, text messages), and you agree these satisfy any legal requirement that a communication be in writing, except where the law requires otherwise. Marketing messages are subject to your consent preferences and applicable law (including the TCPA and CAN-SPAM), and you may opt out of marketing while continuing to receive transactional, safety, warranty, and legal messages. Keep your contact information current; we are not responsible for communications you fail to receive because of outdated information or filters. Legal notices to us must be sent to hello@bruxaware.com and to MedSense Labs, LLC, 2 N. Lake Ave., Suite 520, Pasadena, CA 91101.
21. Suspension and Termination
You may stop using the Services and close your account at any time. We may suspend, restrict, or terminate your access, with notice where reasonably practicable, if we reasonably believe you have violated these Terms, provided false information, created security, legal, or fraud risk, or where required by law or where continued operation is no longer feasible. On termination, your licenses end, you must stop using the affected Services, and provisions that by their nature should survive (including Sections 7, 11, 12–19, 22–23, and 25) survive. Termination does not entitle you to a refund except as provided in the Return & Refund Policy or required by law, and does not limit our other rights.
22. Binding Arbitration; 30-Day Opt-Out
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS. This Section is governed by the Federal Arbitration Act.
Informal resolution first. Before starting arbitration, you agree to email a description of the dispute and the relief sought to hello@bruxaware.com and to work with us in good faith for 30 days to resolve it. This step is required before either of us may start arbitration; the deadline to file is tolled while the parties comply.
Agreement to arbitrate. Except for the matters excluded below, you and MedSense Labs agree that any dispute, claim, or controversy arising out of or relating to the Products, the Services, these Terms, our marketing, or our relationship — whether based in contract, tort, statute, or otherwise, and whether arising before or after acceptance of these Terms — will be resolved by final and binding individual arbitration, not in court, except that either party may bring an individual claim in small-claims court if it qualifies.
Administrator and rules. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. If the AAA is unavailable, the parties will agree on another established administrator, or a court may appoint one. The arbitrator decides all issues except that a court, not the arbitrator, decides the validity and scope of the Class Action Waiver in Section 23.
Location and format. To reduce burden, arbitration may proceed by written submissions, phone, or video. Any in-person hearing will be held in the U.S. county where you reside or another mutually agreed location; we will not seek to require you to travel to an inconvenient forum.
Costs. Payment of filing, administrative, and arbitrator fees is governed by the AAA rules and applicable law. We will not seek to recover our attorneys’ fees from you except where a claim is found frivolous, and nothing here requires you to pay costs greater than applicable law permits. Where the AAA rules or law would leave you paying fees that exceed what you would pay to file in court, we will pay the excess.
Public injunctive relief (California / McGill carve-out). The arbitrator may award relief only in favor of the individual party seeking it and only to the extent necessary to resolve that party’s individual claim. However, a claim for “public injunctive relief” (relief primarily for the benefit of the general public) that cannot lawfully be waived or compelled to arbitration under applicable law (including California’s McGill rule) is severed and stayed, and may be brought in a court of competent jurisdiction after the individual claims in arbitration are resolved. The severance of any such claim does not invalidate the agreement to arbitrate the remaining claims.
Injunctive/IP relief. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, or trade secrets pending arbitration.
Batch/mass arbitration. If 25 or more similar demands are asserted by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in staged batches of up to 50, with a single arbitrator and common filing fees per batch, and bellwether proceedings to promote efficient resolution, to the extent consistent with the AAA rules and due process.
30-day opt-out. You may opt out of this Section 22 (arbitration) by emailing hello@bruxaware.com within 30 days after you first accept these Terms, stating your name, the email/order associated with your purchase, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect any prior arbitration agreement between us.
Survival and severability. This Section survives termination. If any part of this Section (other than the Class Action Waiver, whose severability is addressed in Section 23) is found unenforceable, the remainder stays in effect.
23. Class Action and Jury-Trial Waiver
To the fullest extent permitted by law, you and MedSense Labs agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator (or a court, for court proceedings) may not consolidate more than one person’s claims or preside over any class or representative proceeding, except as required by non-waivable law.
Non-severability of the class waiver. If this Class Action Waiver is found unenforceable as to a particular claim or a particular request for relief, then that claim or request for relief will be severed and heard in court, and the remaining claims will still be arbitrated — but the Class Action Waiver itself may not be severed to permit a class or representative proceeding in arbitration.
Jury-trial waiver. To the fullest extent permitted by law, you and MedSense Labs knowingly and voluntarily waive any right to a trial by jury for any dispute permitted to proceed in court. This Section survives termination.
24. Apple App Store and Google Play Terms
If you obtain the Mobile App from the Apple App Store or Google Play (“App Provider”): these Terms are between you and MedSense Labs, not the App Provider; the App Provider has no obligation to provide maintenance or support; to the extent any warranty is not effectively disclaimed, an App Provider’s sole warranty obligation (if any) is a refund of the app price, if any; MedSense Labs, not the App Provider, is responsible for addressing product-liability, non-conformity, or third-party IP claims to the extent required by law; and the App Provider and its subsidiaries are third-party beneficiaries of this Section and may enforce it. You represent you are not in a U.S.-embargoed country or on a restricted-party list and will comply with the App Provider’s usage rules.
25. Governing Law, Forum, and Miscellaneous
Governing law. These Terms and any dispute are governed by the laws of the State of California, without regard to conflict-of-laws rules, and, for arbitration, by the Federal Arbitration Act. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Nothing in this choice of law deprives you of the protection of mandatory consumer-protection rules of the jurisdiction where you reside that cannot be derogated from by agreement.
Forum for non-arbitrable matters. For any claim not subject to arbitration and not brought in small-claims court, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction, and the parties consent to personal jurisdiction there — except that a claim for public injunctive relief severed under Section 22 may be brought where jurisdiction is proper, and this forum selection does not deprive you of any non-waivable right to sue or be sued in your home jurisdiction under applicable consumer law.
Changes to these Terms. We may update these Terms prospectively. For material changes, we will provide reasonable advance notice (for example, by email, in-app notice, or a notice at login or checkout) and, where required by law or where the change materially affects the arbitration agreement, we will obtain your affirmative acceptance or give you a right to reject the change by closing your account. Changes apply only prospectively and do not affect disputes that arose, or transactions completed, before the effective date, unless the law requires otherwise. Your continued use after the effective date of non-material changes constitutes acceptance to the extent permitted by law.
Entire agreement; severability; waiver; assignment. These Terms and the incorporated documents are the entire agreement about the Services and supersede prior understandings. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect (subject to the specific severability rules in Sections 22–23). Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them, including in a merger, financing, or sale of assets. There are no third-party beneficiaries except the indemnified parties (Section 19), the fee-and-liability beneficiaries (Sections 18–19), and the App Providers (Section 24).
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
26. Contact
MedSense Labs, LLC d/b/a Brux Aware Email: hello@bruxaware.com Mailing address: 2 N. Lake Ave., Suite 520, Pasadena, CA 91101 Website: www.bruxaware.com
These Terms were last updated on the date stated above. Prior versions apply to transactions completed under them.