Betterness™ Terms and Conditions

These terms and conditions are effective immediately for those registering accounts (as herein defined) after that date and will become effective December 1, 2025 for those with pre-existing accounts.

These terms and conditions (the "Terms") of this User Agreement (as herein defined) govern Your access to and use of Betterness's applications that link to or reference this User Agreement and websites (collectively, the "Site"). By accessing, browsing, crawling, scraping or in any way using the Site, You agree to the Terms set forth in this User Agreement, the Betterness Privacy Policy and all other guidelines or policies referenced herein (collectively, the "User Agreement" ).

PLEASE READ THIS USER AGREEMENT CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THIS USER AGREEMENT. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS USER AGREEMENT.

DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

MANDATORY ARBITRATION NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 21 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND BETTERNESS ARE EACH GIVING UP RIGHTS TO BRING CLAIMS AGAINST EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

DEFINITIONS

(a) "User" is someone who accesses, browses, crawls, scrapes or in any way uses the Site. The terms "You", "Your" and "Yourself" refer exclusively to You, as a User of the Site. The terms "We", "Us", "Our", and "Betterness" refer exclusively to Betterness, Inc., a Delaware corporation, with offices at 698 NE 1st Ave, Miami, Office 7, FL 33132. Each of "You", "Your", "Yourself" and "We", "Us", "Our" and "Betterness", is a "Party" and together the "Parties".

(b) "Content" means text, images, photos, audio, video and all other forms of data or communication. "Your Content" means Content that You submit or transmit to or through the Site, such as ratings, reviews, compliments, invitations and information that You display as part of Your account profile. "User Content" means Content that Users submit or transmit to or through the Site. "Betterness Content" means Content that We create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Betterness or its Users, such as data providers who license data to Betterness for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Betterness Content.

ELIGIBILITY

Minors. If You are a minor (under the age of 18), You can use this service only with the consent and under the supervision of Your parents or legal guardians. If You are a minor, please do not submit any personal information to this website.

IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THIS SITE OR ANY OF ITS SERVICES FOR ANY PURPOSE. YOU MUST BE AT LEAST 18 YEARS OF AGE TO CREATE OR USE A BUSINESS ACCOUNT (as herein defined).

You must have the requisite power and authority to enter into this User Agreement in order to use this Site. If You are between the ages of 14 to 18 years old, You must have consent and be under the supervision of Your parents before creating or using a Personal Account. You may not access or use the Site if: (1) You believe You are a competitor of Ours, (2) We deem You as a competitor of Ours, or (3) We have previously banned You from the Site. If You use the Site on behalf of a company, entity or organization, You represent that You are an authorized representative of such company, entity or organization with the authority to bind it to the this User Agreement (which authority You hereby exercise). To the extent that You do not meet the eligibility requirements as set forth herein, Betterness may, at its sole discretion, elect to terminate Your account.

CHANGES TO THE USER AGREEMENT

We may modify this User Agreement from time to time, for example, to reflect changes to the law or changes to the Site. You should look at the User Agreement regularly. We'll post notice of modifications to the User Agreement on this page. When changes are made, We will notify You by making the revised version available on the Site and will indicate on the Site the date on which revisions were last made. Changes will not apply retroactively and will become effective no sooner than thirty days after they are posted for pre-existing accounts. However, changes addressing new functions for the Site or changes made for legal reasons will be effective immediately. If You do not agree to the modified terms for this User Agreement, You should discontinue Your use of the Site. You should revisit this User Agreement on a regular basis as revised versions will be binding on You. Your continued use of the Site after any posted modification to this User Agreement indicates Your assent to the modified and/or restated User Agreement.

USER ACCOUNTS

To use some of the features on the Site, You may be required to create an account and provide information about Yourself to Us. You are exclusively responsible for maintaining the confidentiality of Your account password. You are also exclusively responsible for all activities that occur in connection with Your account. You agree to notify Us immediately of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason. There are two types of accounts:

(a) "Personal Account" is an account for Your personal, non-commercial use only. In creating a Personal Account, We ask that You provide complete and accurate information about Yourself to bolster Your credibility as a contributor to the Site. You may not impersonate or provide an email address other than Your own, or create multiple Personal Accounts.

(b) "Business Account", or Partner Account, is an account to be used solely for the purpose of representing Your business on the Site. In creating or updating a Business Account, You must be an authorized representative of the business in question, and You must provide complete and accurate information about Yourself and the business You represent. You may not provide an email address that is not Your own or create multiple Business Accounts for the same business. Your Business Account accepts these terms. It will hold harmless and indemnify Us from any claim, suit or action arising from or related to the use of the Site or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

USE OF THE SITE

We grant You permission to use the Site subject to the restrictions in this User Agreement. In using the Site, You may be exposed to Content that is offensive, indecent, untruthful, inaccurate, objectionable, defamatory or otherwise inappropriate. Betterness does not endorse such Content and as part and parcel of this User Agreement, specifically precludes all Users from submitting or posting such to the Site. Use of the Site is available on mobile devices. Do not use the Site in a way that distracts You and prevents You from obeying traffic or safety laws.

USE RESTRICTIONS

We are under no obligation to enforce the User Agreement on Your behalf against another User. While We encourage You to let Us know if You believe another User has violated the User Agreement, We reserve the right to investigate and take appropriate action at Our sole discretion. YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO:

(a) use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User's use of the Site;

(b) use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

(c) use the Site for promotional or commercial purposes, except in connection with a Business Account and as expressly allowed in writing by Betterness;

(d) use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners, compensating someone or being compensated to write or remove a review, or by writing a fake or defamatory review;

(e) use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;

(f) use the Site to promote bigotry or discrimination against any persons or other Users for any reason;

(g) use the Site to violate any third-party rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any person or entity;

(h) use the Site to submit or transmit any nude images of any kind, pornography or illegal content;

(i) use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;

(j) use the Site in violation of this User Agreement or any applicable law;

(k) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, or Site Content (other than Your Content) or other User Content, except as expressly authorized by Betterness;

(l) reverse engineer any portion of the Site, except as may be permitted under the law;

(m) remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;

(n) record, process or mine information about other Users;

(o) use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index the Site or any Site Content;

(p) access, retrieve or index the Site to for purposes of constructing or populating a search-able database of business reviews;

(q) reformat or frame any portion of the Site;

(r) take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on Betterness's computer systems;

(s) attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; and make any untruthful or defamatory statements.

PERMISSION TO USE YOUR CONTENT

Betterness will never sell its user contact information nor allow anyone to advertise to other businesses clients other than their own. For example, if you book or register with a Betterness Business Account, you consent to receiving communications from that Business Account such as marketing information or appointment reminders.

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@betterness.ai.

Carriers are not liable for delayed or undelivered messages

As always, message and data rates may apply for any messages sent to you from us and to us from you.

Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy: https://www.Betterness.ai/privacy-policy .

We may use Your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it and allowing others to do the same in connection with their own websites and media platforms (collectively, "Other Media"). As such, You hereby irrevocably grant Us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the Site's Users and the Users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, You irrevocably waive, and cause to be waived, against Betterness and Our Users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" We mean use, copy , publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

RESPONSIBILITY FOR YOUR CONTENT

You alone are responsible for Your Content. You assume all risks associated with Your Content, including, but not limited to, anyone's reliance on its accuracy, quality, reliability, completeness or usefulness, or any disclosure by You of information in Your Content that makes You personally identifiable. You represent that You own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Betterness. You may expose Yourself to liability if, for example, Your Content violates any third-party right, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

USE OF CONTENT

We may remove or reinstate User Content from time to time at Our sole discretion. For example, We may remove a review if We believe it violates this User Agreement. We have no obligation to retain or provide You with copies of Your Content, nor do We make any guarantees or representations concerning any confidentiality with respect to Your Content. Betterness and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to You. User Content (including any that may have been created by Users employed or contracted by Betterness) does not necessarily reflect the opinion of Betterness. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at Our sole discretion for any reason or no reason, and without notice to You. For example, We may remove a review if We believe it violates the User Agreement. We have no obligation to retain or provide You with copies of Your Content, nor do We guarantee any confidentiality with respect to Your Content.

APPOINTMENT POLICY

As part of the services offered by the Site, Betterness permits its Users to make appointments with certain businesses. In the event that a User elects to reserve an appointment with a business on the Site, the User covenants and agrees that he/she/it will arrive at the designated appointment. In the event that the User is unable to make the appointment after scheduling such, he/she/it agrees to cancel such appointment not less than twenty-four (24) hours in advance of the originally scheduled time. You acknowledge and agree that Betterness may suspend or terminate Your account in the event that You fail to appear at any scheduled appointment. You represent, covenant and agree further that You will not make any appointments at which You do not intend to appear and You covenant and agree further to refrain from any and all conduct which may be adverse to the interest of each of the businesses featured on the Site. Each User covenants and agrees to defend, indemnify and hold harmless Betterness from and against any and all conduct which may be adverse to any of the businesses soliciting appointments on the Site.

COPYRIGHT DISPUTE POLICY

We have adopted the following policies and procedures with regard and copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Betterness's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is Betterness' policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of Users determined by Betterness to be a "repeat infringer" as referenced in the DMCA. We reserve the right to remove content alleged to be infringing without prior notice and at Our sole discretion.

(a) Procedure for Reporting Copyright Infringements. If You are a copyright owner or agent thereof, and believe that Your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:

(i) Identification of the copyrighted work that You claim has been infringed;

(ii)Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Betterness to locate such Content;

(iii) A statement by You that You have a good faith belief that the use of the Content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(iv) A statement by You that You attest, under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf; and

(v) Your physical or electronic signature, together with Your contact information (address, telephone number and, if available, email address). Please note that Betterness may, at its sole discretion, send a copy of such notices to third parties for publication. Please note that You may be subject to liability under Section 512(f) of the DMCA if You materially misrepresent that content on the Site infringes Your copyright.

(b) Procedure to Supply a Counter-Notice to the Designated Agent. If You believe that Content has been mistakenly removed from the Site pursuant to this Copyright Dispute Policy, You may send a written counter-notice to the Designated Agent. Your written counter-notice must include:

(i) Identification of the copyrighted Content that was removed, and the location on the Site where it would have been found prior to its removal;

(ii) A statement under penalty of perjury that You have a good faith belief that the Content was removed as a result of a mistake or misidentification;

(iii) A statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located, or if Your address is located outside the United States, for any judicial district in which Betterness is located, and that You will accept service of process from the person who sent the original infringement notice to Betterness, or an agent of such person;

(iv)Your physical or electronic signature, together with Your contact information (address, telephone number and, if available, email address).

(c) Address for Designated Agent. Please contact the Designated Agent at the following address: Betterness, Inc. Attn: Betterness Support 698 NE 1st Ave, ,Office 7, Miami, FL 33132.

SITE AVAILABILITY

We reserve the right to modify, update, or discontinue the Site at Our sole discretion, at any time, for any or no reason, and without notice or liability.

UNAUTHORIZED ACCESS

We reserve the right to exercise whatever lawful means We deem necessary in order to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping and contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

INVESTIGATIONS

We are under no obligation to monitor the Site or Site Content. However, We reserve the right to investigate possible violations of the User Agreement, block Users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the Privacy Policy.

TERMINATION

We may terminate or suspend Your account or ability to use the Site, in whole or in part, at Our sole discretion, for any or no reason, and without notice or liability of any kind. For example, We may terminate or suspend Your account or ability to use the Site if You breach this User Agreement or are suspected of involvement in illegal activity. Any such termination or suspension could prevent You from accessing Your account, the Site, Your Content, Site Content or any other related information. You may terminate this User Agreement at any time by closing Your account, discontinuing Your use of any and all parts of the Site. If You close Your account, We will use commercially reasonable efforts to stop displaying Your account profile on the Site, but may continue to display Your Content. In the event of any termination, this User Agreement will continue in full force and effect, including Our right to use Your Content.

We own the Betterness Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate User review ratings and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Betterness Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Betterness Content in whole or in part except as expressly authorized by Us. Except as expressly and unambiguously provided herein, We do not grant You any express or implied rights, and all rights in and to the Site and the Betterness Content are retained by Us.

WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. BETTERNESS MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE AND/OR (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. BETTERNESS FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM BETTERNESS OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED HEREIN. BETTERNESS DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF BETTERNESS OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA. BETTERNESS FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER(S) OR NETWORKS FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE. BETTERNESS ALSO DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH BETTERNESS RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

NEITHER BETTERNESS NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS OF ANY THIRD-PARTY—INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY MEDICAL SERVICES PROVIDER, FINANCIAL SERVICE PROVIDER, TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, ADVERTISER, OR MANUFACTURER OR DISTRIBUTER -- EVEN IF THOSE THIRD-PARTIES OFFER PRODUCTS, CONTENT, OR SERVICES THAT BETTERNESS LINKS TO OR OTHERWISE FEATURES, ADVERTISES, AND/OR BUNDLES IN CONNECTION WITH OUR SERVICES. YOU ACKNOWLEDGE THAT NEITHER BETTERNESS NOR OUR AFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR, OR OTHERWISE TAKES RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER -- EVEN IF ACCESSED THROUGH OUR SERVICES—AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE BETTERNESS AND OUR AFFILIATES HOLD BETTERNESS AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ALL THIRD-PARTY PRODUCTS, SERVICES, CONTENT, MATERIALS, INFORMATION, AND OTHER OFFERINGS.

YOU ACKNOWLEDGE AND AGREE THAT NEITHER YOUR LAB RESULTS NOR ANY OTHER DOCUMENTS, MATERIAL, INFORMATION OR CONTENT WE FURNISH IS INTENDED AS MEDICAL ADVICE OR A SUBSTITUTE THEREFOR, EVEN IF AUTHORED, DISTRIBUTED, EDITED, OR RECOMMENDED BY A LICENSED MEDICAL PROFESSIONAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD BETTERNESS OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR THE TIMING OR SUBSTANCE OF YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING THERETO; TO THE FULLEST PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE BETTERNESS AND OUR AFFILIATES AND TO HOLD BETTERNESS AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY FH CONTENT, YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR LAB RESULTS.

BETTERNESS'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, INJURIES OR CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO BETTERNESS IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $1.00.

INDEMNITY

You agree to defend, indemnify and hold harmless Betterness, its members, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of: (i) Your access to or use of the Site, (ii) Your violation of this User Agreement, or (iii) the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity. Betterness reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Betterness. Betterness will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

THIRD PARTIES

The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and You agree that We are not responsible for the availability or contents of such Third Party Sites. Your use of a Third Party Site is at Your own risk. You may not distribute, sell, rent, sublicense or lease such Third Party Content, in whole or in part, to any third party; and You may not use it for any other purpose other than Your personal, non-commercial use.

CHOICE OF LAW AND VENUE

If there is any dispute about or involving the Site or Betterness, You agree that any such dispute will be exclusively governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts in Delaware. The Parties do not intent for this provision to negate or limit any provision of this User Agreement, nor of any other agreement between the Parties, that requires (1) mediation, arbitration or other non-judicial dispute resolution procedure; nor (2) non-binding action to attempt to resolve a dispute by agreement, such as (for example) escalation of the dispute to higher levels of the Parties' managements; early neutral evaluation; negotiation; and/or remediation.

MEDIATION - ARBITRATION

If any dispute, controversy or claim arising out of or relating to the Site, Betterness or this User Agreement or the breach, termination, non-renewal of this User Agreement or the validity of this User Agreement cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.

If mediation fails to settle the dispute, the Parties agree the dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction. In any action to enforce any right or remedy under this User Agreement or to interpret any provision of this User Agreement, the prevailing Party shall be entitled to recover its costs, including reasonable attorneys' fees.

FORCE MAJEURE

In the event either party is unable to perform its obligations or current modifications of obligations under the terms of this Agreement because of acts of God, National Emergency, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any such failure to perform or otherwise from such causes.

MISCELLANEOUS

(a) No agency, partnership, joint venture or employment is created as a result of this User Agreement, and You do not have any authority of any kind to bind Us in any respect whatsoever.

(b) We may provide You with notices, including those regarding changes to this User Agreement by email, regular mail or postings on the Site, in Our sole discretion.

(c) Except as otherwise stated nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

(d) This User Agreement contains the entire agreement between You and Us regarding the use of the Site, and supersedes any prior agreement between You and Us on such subject matter. The Parties acknowledge that no reliance is placed on any representation made but not expressly contained in this User Agreement.

(e) Any failure on Our part to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

(f) If any provision of this User Agreement is found to be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this User Agreement unenforceable or invalid as a whole. In such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decision to the minimum extent necessary so that this User Agreement shall otherwise remain in full force and effect and enforceable.

(g) This User Agreement is not assignable, transferable or sublicensable by You, except with Betterness's prior written consent, but may be assigned or transferred by Us without restriction. Any assignment attempted to be made by You in violation of this User Agreement shall be void. (h) The section titles in this User Agreement are for convenience only and have no legal or contractual effect.

Important Notices and Disclaimers.

Your Relationship with Betterness. Betterness IS NOT A HEALTHCARE PROVIDER. Betterness does not offer medical advice or diagnoses, engage in the practice of medicine or any other licensed profession. Betterness provides a technology platform for registered users to access certain products and services, including telehealth services provided by independent third-party providers or laboratory services provided by independent third-party laboratories. All material, information, data, and content that Betterness provides through our Services, including without limitation through any Artificial Intelligence Chat, is strictly for general information purposes. You understand and agree that accessing Betterness Content, Services (including without limitation AI Chat), and Products does not create a patient relationship with any medical provider or laboratory. A patient relationship with a medical provider or laboratory is only established when you have actually been treated by a medical provider or laboratory and such provider or laboratory evidences acceptance of such relationship. In addition, you acknowledge and agree that you have selected each medical provider or laboratory and elected to receive services from the medical provider or laboratory and that no third-party, including Betterness, has referred, suggested or recommended the medical providers or laboratories to you.

We make available to individuals who purchase or otherwise register as users of the Service (collectively the "Users") certain products and services sold or offered by Betterness or by third party medical providers or other vendors via our Service. We may also provide you with access to one or more medical groups who provide healthcare services through the Platform. These medical groups employ or contract with physicians, nurses, allied health professionals, and other health professionals who offer certain healthcare services through the Platform ("Providers"). By accepting this Agreement, you acknowledge and agree that any services you receive from the Medical Groups or Providers through the Platform are also subject to this Agreement, and that the Medical Groups and Providers are third party beneficiaries of this Agreement.

We do not control or interfere with the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Betterness is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Betterness. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers.

By entering into these Terms, you consent to the use of unsecured email, mobile phone text message, or other electronic methods of communication between you and Betterness for purposes of discussing information relevant to the Services you receive from Betterness. You hereby acknowledge that these types of communications are typically not a confidential means of communication, and that there is a reasonable chance that a third-party (e.g. people in your home or other environments who can access your phone, computer, or other devices; your employer if using your work email or network; and/or third parties on the Internet, such as server administrators and others who monitor Internet traffic) may be able to intercept and see these communications, including without limitation any attachments thereto and content therein. You have been informed of the risks of transmitting your Personal Information by an unsecured means, including but not limited to the risk with respect to the confidentiality of such information.

Use of AI Chat Features

Betterness uses generative artificial intelligence to provide automated chat support to User questions ("AI Chat") as part of its Services. You may make Submissions to AI Chat, including your questions, messages, and any information you provide during chat interactions. AI Chat will generate replies ("Responses") to help you access general resources and information related to your inquiries. These Responses are generated using AI models trained on publicly available data and Betterness's proprietary datasets, and constitute Content owned by Betterness.

AI Chat uses third-party generative AI tools and algorithms ("AI Tools") to collect, analyze, and respond to your inquiries. By using AI Chat, you consent to Betterness sharing your Submissions, which may include your Personal Information, with these AI Tools to process and respond to your inquiries, as described in these Terms. Your Submissions may be used to improve and train our AI systems, analyze usage patterns, enhance our services, and for other purposes described in our Privacy Policy. You have the right to opt out of having your personal data used for AI training purposes, and you may exercise this right by contacting us through the methods described in our Privacy Policy. Your chat history and interactions will be stored and processed in accordance with our data retention policies. You also consent to the monitoring, recording, and processing of your AI Chat interactions, subject to the Betterness' Privacy Policy.

You acknowledge that AI Chat is an AI-based tool that generates content using artificial intelligence, and such content may be false, inaccurate, misleading, or harmful. AI Chat responses may be based on outdated medical information, may fail to account for your specific medical conditions, medications, or circumstances, and could potentially suggest harmful or dangerous treatments or interventions. AI Chat is not a substitute for independent clinical judgment or professional advice. ALWAYS CONSULT YOUR PHYSICIAN BEFORE MAKING ANY HEALTH OR LIFESTYLE CHANGES BASED ON YOUR INTERACTION WITH AI CHAT.

All Responses are provided "AS IS" and "WITH ALL FAULTS," and Betterness takes no responsibility for, and makes no representation or warranties of any kind with respect to any accuracy, completeness, truthfulness, timeliness or suitability of the Responses. You understand that AI chat intended as a an educational to supplement the independent judgement of your physician or other qualified medical provider.

You represent to us that you are not using AI Chat for the purpose of seeking medical attention or making medical decisions. You acknowledge that using AI Chat for emergency medical situations, mental health crises, or serious health conditions could result in severe harm or death. You agree to seek immediate emergency medical care when needed and to not delay or substitute professional medical treatment based on AI Chat responses. You represent and acknowledge to not use the AI Chat in any way which constitutes a "Prohibited Use" under these Terms, including but not limited to using it as a primary source for medical diagnosis, treatment decisions, or medication advice.

YOU ACKNOWLEDGE AND AGREE THAT AI CHAT IS NOT A HUMAN. BETTERNESS AI IS AN AI-BASED TOOL AND IS NOT A REPLACEMENT FOR HUMAN INTERACTION AND ADVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BETTERNESS DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE. GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS. YOU UNDERSTAND THIS IS A TOOL AND RESOURCE BUT IS INTENDED ONLY AS A SUPPLEMENT TO YOUR INDEPENDENT CONFIRMATION AND JUDGMENT AND CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

Facilitation of Telehealth or Laboratory Services

During the course of using Betterness' Services, Betterness may offer you the opportunity to connect with third-party providers; such providers may include, without limitation, payment processing providers, laboratory services providers, data processing and visualization providers, customer service specialists, AI Tool providers, and telehealth providers. Notwithstanding the fact that Betterness may help facilitate such opportunities with certain third-party medical providers and laboratories, you are free to use any medical provider or laboratory of your choosing. Upon your request, Betterness will use best efforts to integrate information you provide to us from such providers into the Betterness Services and Platform. Betterness may also offer you the opportunity to receive, view, and interact with content created and/or developed by a third-party. Furthermore, in conjunction with our Services, Betterness may offer you the opportunity to purchase and/or receive third-party services, products, content, advertisements, devices, and offerings. Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from Betterness for their laboratory tests.

NEITHER BETTERNESS NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, COST, LEGALITY, OR RESULTS OF ANY THIRD PARTY'S OFFERINGS -- OR ANY INFORMATION, RECOMMENDATIONS, OPINION, GUIDANCE, COURSE, TREATMENT, ADVICE, OR CARE PROVIDED IN CONNECTION THEREWITH.

In furtherance of facilitating third-party laboratory testing and medical care services directly for you, you hereby expressly permit affiliated contractors and providers to (i) receive, handle, store, transport, and analyze your Sample; (ii) transmit and disclose documents and files containing and/or reflecting Personal Information (including without limitation Lab Results) (1) within and among one other as necessary to furnish and/or facilitate the Services and (2) to persons and/or entities whom you specifically designate for receipt of your Lab Results.

Subscription, Charges, and Refund Policy

You Authorize Betterness to Effectuate Your Purchase. Effective immediately, you hereby authorize Betterness to: (i) charge your Payment Method (defined as a valid, current, accepted means of remitting payment for Services) in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, and any laboratory companies, shipping providers, and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. You represent and warrant that, to the extent you submit Payment Information during the course of using our Services: (i) the entity, organization, or institution connected to such a transaction will honor the charges you have incurred; (ii) you shall be bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree that Betterness may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable Payment Method. Betterness does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and is not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services and/or subscribing to the Services, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a state or federal health program beneficiary, you agree that neither you nor Betterness will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.

Subscriptions. If you purchase access to certain features and functionality of the Services on a recurring basis (a "Subscription"), the fee for such Subscription ("Service Subscription Fee") will be billed at the start of the Subscription ("Subscription Service Commencement Date") and continuously at regular intervals in accordance with your elections at the time of purchase until you cancel your Subscription. Betterness reserves the right to change the timing of our billing. Betterness reserves the right to change the Subscription pricing at any time. If changes to the Subscription price occur that impact your Subscription, Betterness will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account. If you do not agree with such changes, you may cancel your Subscription as set forth in this Section. Betterness is not obligated to provide the Service to you until Betterness accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.

(i) Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Betterness's then-current price for such Subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., monthly, annually, etc.) will be designated at the time at you sign up for the Subscription. By subscribing, you authorize Betterness to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if Betterness does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that Betterness may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).

(ii) Cancelling Subscriptions Purchased via Betterness. If you wish to cancel your Subscription or do not wish your Account to renew automatically, you may do so prior to the date your subscription takes effect or renews by logging into the Platform and interacting as necessary with the cancellation interface, or by contacting Betterness at support@betterness.ai. If you did not purchase your Subscription directly from Betterness, please refer to the party or method through which you purchased your Subscription for cancellation instructions. Your cancellation generally will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your Account until then.

Subscription Payments. If you cancel your Betterness Subscription within forty-eight (48) hours of your initial purchase and you have not received any lab testing services, Betterness will provide you with a full refund of your Service Subscription Fee. If you qualify for this refund, it will be processed once you cancel your Subscription. After forty-eight (48) hours from your initial purchase have passed or after you receive lab testing services in connection with your Subscription, whichever comes first, you will no longer be eligible for a refund for any Service Subscription Fee. Payments for recurring membership periods following your first Subscription period are not refundable.

IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICES FOR A TERM (THE "INITIAL TERM"), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT BETTERNESS'S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THIS SECTION.

No refunds are available for tests that are bundled into the cost of your Betterness Subscription but that a clinician declines to order. Nevertheless, if upon reviewing a request for lab testing, a clinician declines to order one or more of the tests that you requested, you may request a credit for the amount of the lab fees for such test(s). You must request the credit within seven (7) days of when the clinician's determination is first communicated to you or you will not be eligible for the credit.

Refund Processing Time. Any refunds issued under this policy will be refunded back to your then-current payment method listed in your Betterness account. Refunds may take up to thirty (30) days to process.

Refund and Account Credit Policy Changes. We reserve the right to modify or update this refund and account credit policy at any time, for any reason, with or without prior notice.

Additional Credit Terms. Credits may only be applied to purchases for additional Betterness Services or Products and must be used within one (1) year of the date the credit is issued to your Betterness account. If you do not use your credit(s) within one (1) year of the date the credit(s) is/are issued, the credit(s) will expire. Credits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account or membership subscription, except to the extent required by law.

Contact Us. If you have any questions about our refund and account credit policy or need assistance with a refund or credit request, please contact Betterness Billing at support@betterness.ai.

TELEHEALTH CONSENT FORM

I understand that Telehealth is a mode of delivering health care services via communication technologies (e.g., internet or cellphone) to facilitate diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care.

By acknowledging my consent below, I understand and agree to the following:

• I understand that Junction and affiliate Openloop Healthcare Partners, PC offer Telehealth consultations, which are conducted through videoconferencing, telephonic, and asynchronous technology and my Telehealth provider will not be present in the room with me.
• I understand there are potential risks to the use of Telehealth technology, including but not limited to, interruptions, delays, unauthorized access, and or other technical difficulties. I understand that either my Telehealth provider or I can discontinue the Telehealth appointment if the technical connections are not adequate for my visit.
• I understand that I could seek an in-office visit rather than obtain care from a Telehealth provider, and I am choosing to participate in a Telehealth consultation with Junction, an affiliate of Openloop Healthcare Partners, PC, Openloop Healthcare Partners, PC, Openloop Healthcare Partners California, PC, Openloop Healthcare Partners Colorado, PC, Openloop Healthcare Partners New Jersey, PC, Openloop Healthcare Partners Wisconsin SC, Reliant.MD Medical Associates, PLLC, Reliant.MD Medical Associates California, PC, Reliant.MD Medical Associates Colorado, PC, Reliant.MD Medical Associates New Jersey, PC, Reliant.MD Medical Associates Wisconsin, SC, MECNB Physician Services, PC, MECNB Physician Services California, PC, MECNB Physician Services Colorado, PC, MECNB Physician Services New Jersey, PC, and MECNB Physician Services, SC.
• To protect the confidentiality of my health information, I agree to undertake my Telehealth consultation in a private location, and I understand that my Telehealth provider will similarly be in a private location.
• I understand that I am responsible for payment of any amounts due and owing resulting from my Telehealth visit.
• In an emergent situation, I understand that the responsibility of my Telehealth provider may be to direct me to emergency medical services, such as an emergency room.

By acknowledging below, I certify:

• that I have read this form and/or had it explained to me
• that I understand the risks and benefits of a Telehealth appointment
• That I have been given the opportunity to ask questions and that such questions have been answered to my satisfaction.