TERMS AND CONDITIONS OF USE

Effective Date: 23-JUL-2025
Last Updated: 23-JUL-2025
Version 1.0.0

Welcome to ReliaCare Solutions, Inc.’s ("Us" or "Our" or "We") Mobile Application (App) – and thank You for visiting. We hope You enjoy the experience!

These Terms of Use (“Terms”) are a legal contract between You and Us (collectively, "Everyone") and govern Your use of all the text, data, information, software, graphics, photographs, images, videos, slogans, tools, products, and any other content or material (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our Apps or our Mobile Applications (all of which are referred to in these Terms as this “App”).

READ THESE TERMS CAREFULLY BEFORE USING THIS APP. USING THIS APP INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS APP IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

CHANGES
GENERAL USE
NO MEDICAL ADVICE AND NOT FOR USE IN AN EMERGENCY
USE OF BETA RELEASE
MOBILE APPLICATIONS
YOUR USER ACCOUNT
PRIVACY POLICY AND TRANSFER AND PROCESSING OF DATA
LINKS TO THIRD-PARTY SITES
SUBMISSIONS|
UNAUTHORIZED ACTIVITIES
INDEMNIFICATION
PROPRIETARY RIGHTS
INTELLECTUAL PROPERTY INFRINGEMENT
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
LOCAL LAWS; EXPORT CONTROL
FEEDBACK
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
TERMINATION
GOVERNING LAW AND JURISDICTION
CONTACT US

CHANGES.

We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this App at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time, without notifying you in advance. Any updates to these Terms will be posted or linked to from the App and will apply to you prospectively, so you should check back each time you visit the App so you are aware of any changes, as they are binding on you.

If You object to any such modifications, Your sole recourse shall be to cease using this App. Continued use of this App following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this App. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

MEDICAL ADVICE AND NOT FOR USE IN EMERGENCIES.

THIS APP IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. ONLY YOUR HEALTHCARE PROFESSIONAL CAN PROVIDE MEDICAL ADVICE AND DETERMINE THE RIGHT COURSE OF TREATMENT FOR YOU AND DETERMINE WHAT IS SAFE, APPROPRIATE AND EFFECTIVE BASED ON YOUR NEEDS. WE DO NOT GIVE MEDICAL ADVICE, NOR DO WE PROVIDE MEDICAL, THERAPEUTIC, DIAGNOSIS, TREATMENT, OR DIAGNOSTIC SERVICES, EVEN WHERE WE PROVIDE ACCESS TO YOUR MEDICAL OR TREATMENT RECORDS. THESE ASPECTS OF CARE ARE GIVEN YOU BY YOUR PROVIDER. ADDITIONALLY, YOUR USE OF THE APP, INCLUDING THE MATERIALS AND SERVICES, DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP WITH US.

Your reliance upon Materials obtained by you at or through this APP or our Services, including your medical records and any treatment plans provided by your healthcare professional, is solely at your own risk. We do not assume any liability or responsibility for damage or injury (including death) to You, other persons or property arising from any use of any Materials, the Services or the App.

We do not provide advice to You on any issues relating to medical treatment and the App is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have seen or read on this App. We are not your medical professionals and will not discuss or advise You on any issues relating to medical treatment.

DO NOT USE THIS APP FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

GENERAL USE.

By using this App, You promise that You are at least 18 years of age.

We invite You to use this App for individual, consumer purposes ("Permitted Purposes") – enjoy!

In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this App or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this App or Materials in any manner. If You make copies of any of this App while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear in this App.

Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

USE OF BETA RELEASE.

The App, including the Mobile Application and the Services and Materials are currently in beta testing (“Beta Release”). By using this Beta Release, You acknowledge and agree that the Beta Release may contain, in Our sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the App. You acknowledge and agree that any account created while the App is in Beta Release (a “beta account”) will automatically convert to a commercial release version account upon the launch date of the App and its Services to the public (“Public Launch Date”). If you do not desire to continue using the Site or its Services after the Public Launch Date, you may contact Us to delete your account in accordance with the terms and conditions governing deletion of personal information set forth in Our Privacy Policy. While We generally intend to distribute commercial release versions of the App and the Services and Materials on the App, We reserve the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, You agree that any Beta Release is not considered by Us to be suitable for commercial use, and that it may contain errors affecting its proper operation.

IF YOU USE OR ACCESS THE BETA RELEASE, YOU DO SO ENTIRELY AT YOUR OWN RISK. BY USING THE BETA RELEASE, YOU ACKNOWLEDGE AND AGREE THAT THE BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE APP IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE APP. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE CONTENT, PRODUCTS AND SERVICES PUBLISHED ON OR PROMOTED IN THE APP. WE DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE BETA RELEASE: (I) IS RELIABLE, WILL BE AVAILABLE ON A TIMELY BASIS, OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS, (III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. WE SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.

MOBILE APPLICATIONS.

We make available Mobile Applications to access the App via a mobile device. To use the Mobile Application You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):

• You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).

• Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.

• We, and not Apple, are solely responsible for Our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.

• You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.

• You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App.

• You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

• You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).

• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.

YOUR USER ACCOUNT.

You can use the App without creating a user account with Us (an “Account”). If You choose to create an Account, you must provide us with accurate and complete registration information as prompted during the registration process. Each Account registration is for a single user only. You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever. If You register for an Account, You must provide accurate information and promptly update this information if it changes. If You associate your Account with another service or social media service functionality, such as Facebook Connect, You expressly authorize Us and the relevant third party to share and store certain information about You, including personal information, depending on your account settings with such third party. Please note that you will be bound by the terms of use and privacy policies of any such third parties, in addition to these Terms and our Privacy Policy.

You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If You believe an unauthorized person has obtained your password or accessed your Account you must notify us immediately via email at  support@reliacare.ai with “Unauthorized Use” in the subject line. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, You may be held liable for any losses we or another related party incur due to someone else using your Account.

You may terminate your Account at any time by sending an e-mail to support@reliacare.ai with “Cancel Account” in the subject line. Please allow fourteen (14) days for termination to take effect. Following termination, We may delete any or all of the information associated with your Account. You have no recourse with regard to any information that we delete or functionality we remove upon Account termination. We further disclaim any value You may attribute to any of your data stored on our servers. Our rights under these Terms will survive any termination of your Account or cessation of your use of the Website.

PRIVACY POLICY AND TRANSFER AND PROCESSING OF DATA.

Our Privacy Policy is incorporated by reference into these Terms and is a part of these Terms. By accessing or using the App, you consent to the collection and use of your information in accordance with our Privacy Policy. By accessing or using the App, you consent to the processing and transfer of information relating to you, in and to the United States and other countries, which may have less adequate data protection laws than those found in your country of residency. For more information, please read our Privacy Policy.

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and We sometimes provide links in this App to third-party websites. If You use these links, You will leave this App. We are not obligated to review any third-party websites that You link to from this App, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this App, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites.

SUBMISSIONS.

Certain areas of this App (e.g., blogs, chat rooms or customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non- proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.

By submitting any User Submission, You are promising Us that:

• You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;

• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;

• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

• You voluntarily agree to waive all "moral rights" that You may have in Your User Submission;

• Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;

• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

• You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;

• Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);

• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

• Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and

• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non- exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;

• Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);

• Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of this App through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this App and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.

UNAUTHORIZED ACTIVITIES.

To be clear, We authorize Your use of this App only for Permitted Purposes. Any other use of this App beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this App. This is because as between You and Us, all rights in this App remain Our property.

Unauthorized use of this App may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use this App in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

• For any public or commercial purpose which includes use of this App on another site or through a networked computer environment;

• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this App;

• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

• To stalk, harass, or harm another individual;

• To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;

• To interfere with or disrupt this App or servers or networks connected to this App;

• To use any data mining, robots, or similar data gathering or extraction methods in connection with this App; or

• Attempt to gain unauthorized access to any portion of this App or any other accounts, computer systems, or networks connected to this App, whether through hacking, password mining, or any other means.

INDEMNIFICATION

To the fullest extent permitted by applicable law, You will indemnify, defend, and hold harmless Us and Our shareholders, officers, directors, agents, licensors, suppliers, service providers, affiliates employees, partners, and representatives (the “Proven Parties”) from and against any and all claims, demands, causes of action, losses, expenses, costs, damages and/or liabilities, including reasonable attorney’s fees and court costs (“Claims”), incurred by the Proven Parties in any way related to your (a) your use or misuse of the App or an Account; (b) your User Submissions; (c) your violation of these Terms; (d) your violation of any rights of another; (e) your violation of any applicable law or regulation; and (f) your submission of inaccurate, untimely, incomplete or misleading Account registration information or User Submissions. You agree to promptly notify the Proven Parties of any third party Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree to cooperate as requested by the Proven Parties in the defense of such claims. You further agree that the Proven Parties shall have control of the defense or settlement of any third party Claims. You agree that You shall not, in any event, settle any claim or matter on behalf of any of the Proven Parties without Our advance written consent.

PROPRIETARY RIGHTS.

The App contains copyrighted materials, trademarks, and other proprietary materials that are owned by or licensed to Us and are protected under both United States and foreign laws including applicable copyrights and trademarks. Product names, logos, trademarks, trade names, slogans, and service marks that are used or displayed on the App (collectively, the “Trademarks”) are registered or unregistered trademarks and Our exclusive property. For example, "ReliaCareAI" is a trademark that belongs to Us. You are not allowed to use the Trademarks without Our prior written authorization, except to identify Our products or services. Other product names, logos, slogans, trademarks, and service marks appearing in the App that are not owned by Us may not be used without express permission from its owner. Except as explicitly stated in these Terms, We and our licensors reserve all rights in and to the App. The posting of Materials in the App does not constitute a waiver of any rights as to such information and materials by Us. You should assume that all of the App is copyrighted unless otherwise noted and may not be used, copied, reproduced, downloaded, modified, published, distributed, transmitted, or exploited, in whole or in part, in any form or by any means, except as provided herein and without Our express written permission or the express written permission of the original creator of the material.

INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this App (or any portion thereof) to any user who uses this App in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this App in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this App, please provide written notice to Our Agent for notice of claims of infringement at admin@provenpatientexperience.com. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if You knowingly misrepresent that any activity or material on the App is infringing, You may be liable to Us for certain costs and damages.

Submitting a DMCA Counter-Notification

We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

• A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

• Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in Our sole discretion, to terminate the account or access of any user of this App or Service who is the subject of repeated DMCA or other infringement notifications.

COUNTRY AND REGION RESTRICTIONS ON USE

You should not construe anything on the App as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which You are located. The App provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, treatment protocols, dosages, and restrictions.

DISCLAIMER OF WARRANTIES.

THIS APP IS PROVIDED "AS IS" AND "WITH ALL FAULTS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APP IS WITH YOU. WE DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE APP: (I) IS RELIABLE, WILL BE AVAILABLE ON A TIMELY BASIS, OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS, (III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. IF YOU USE, ACCESS OR RELY ON THIS APP, THE MATERIALS, OR ANY OTHER PRODUCT OR SERVICE AVAILABLE THROUGH THE APP, YOU DO SO ENTIRELY AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE MATERIALS, PRODUCTS AND SERVICES PUBLISHED ON OR PROMOTED IN THE APP.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS APP, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Our liability will be equal to the minimum permitted under such applicable law.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS ALSO INCLUDE DAMAGES TO, OR FROM, ANY VIRUSES, RANSOMWARE OR MALWARE THAT INFECT YOUR COMPUTER OR DEVICE. IN NO EVENT WILL OUR LIABILITY EXCEED THE GREATER OF $100 AND THE AMOUNTS YOU PAY THE COMPANY FOR USE OF, OR IN CONNECTION WITH, THE APP.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. If applicable, You hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

LOCAL LAWS; EXPORT CONTROL.

We control and operate this App from Our headquarters in the United States of America and the entirety of this App may not be appropriate or available for use in other locations. If You use this App outside the United States of America, You are solely responsible for following applicable local laws.

FEEDBACK.

Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER (THE “PROVISION”).

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at support@reliacare.ai with the following information: (1) Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by emailing Us at support@reliacare.ai the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt- Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. JAMS, 14www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of this Provision

EVERYONE AGREES THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. EVERYONE FURTHER AGREES THAT ANY SUCH DISPUTE WILL ALSO NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.

The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Everyone agrees that this App and these Terms concern interstate commerce and that the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Powers of the Arbitrator - The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in either San Diego, California or the federal judicial district that includes Your billing address.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will still apply to You. Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this App. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.

TERMINATION.

However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this App without prior notice to You. We also reserve the right, subject to the Terms, to terminate or suspend your Account or restrict access to some or all of the App or Content, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Account, Content, or App may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any or all of the information associated with your Account.

GOVERNING LAW AND JURISDICTION.

The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this App will be heard in the courts located in San Diego County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this App. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US.

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at support@reliacare.ai.