terms | arclife

Terms of Use

These Terms of Use (the “Terms”) cover your access to and use of our Services. For purposes of these Terms, our “Services” include:

SMS-based medication reminder service;
Titration management service;
the website that we operate (www.arclifehealth.com) (the “Site”); and
all related services and features that we provide.

In addition to this document, the Privacy Policy describes how we collect, use, and disclose personal information from you. The Privacy Policy forms a part of these Terms, and we refer to all three documents as the “Agreements.” Please read each of the Agreements carefully, as they contain important information about your legal rights. By accessing or using the Services, you agree to be bound by each of these Agreements.

These Agreements constitute a binding legal agreement between you and Arclife Health, Inc. (“Arclife,” "Arclife AI," “we,” or “us”). If you are accessing or using the Services or inputting information because you have been authorized to help another person do so, these Agreements constitute a legally binding agreement between Arclife and both the helper and the person being helped. You represent and warrant that you have the right, authority, and capacity to enter into these Agreements.

If you are not willing to be or cannot be bound by these Agreements, then you may not access or use the Services. In addition, if you do not consent to the collection, use, and disclosure of your personal information, including health-related information, as described in these Agreements, you should not access or use the Services. We do not and will not grant you any right or license to access or use the Services unless you are willing and able to be bound by all of the terms and conditions in these Agreements.

We may change or replace any terms of these Terms and the Privacy Policy prospectively, at any time and for any reason at our discretion. We will post the most recent version of these Agreements on our Site, and any changes to these Agreements will become effective when posted. You are responsible for checking these Agreements periodically for changes. If we change or replace any terms of these Agreements in a manner that meaningfully reduces your rights, we will notify you and designate a reasonable period before the new terms take effect. By continuing to use or access the Services after any changes come into effect, you agree to be bound by the updated terms. If you disagree with any changes, you should stop using the Services.

If you accept these Agreements but later decide that you want to terminate your account, please contact Customer Support at support@arclifehealth.com, and we will verify and complete your request.

Important Note: Arclife is not a covered entity under HIPAA unless operating under a Business Associate Agreement (BAA) with a healthcare provider. References to HIPAA in these Terms apply only where such a relationship exists.

1. OUR SERVICES

Our Services include the SMS-based Medication Reminders, Titration Management, the Site, and all related services and features provided by us.

Our Services may include, without limitation:

Access to information, text, graphics, photos, audio, video, and other materials ('Content') provided via SMS, on the Site, or through any other feature of the Services, including educational Content relevant to your condition;
The ability to create, upload, transmit, display, and access User Submissions (as described in the section entitled “Types of User Submissions” below);
The ability to interact with our relevant personnel;
The ability to request aspects of your health information to share with other healthcare providers, friends, or family so that they can understand how you use our Services;
The ability to interact with Generative AI Features (as defined below) to access information about your condition, related medication awareness, or otherwise enhance your experience; and
Access to other information about us and our services through the Site and any other features, content, or applications that we may offer from time to time.

Children’s Privacy: The Services are not intended for users under age 13. Arclife does not knowingly collect data from children under this age. If we become aware of such a case, we will delete the information immediately. This is governed by Section 2: Access to Our Services.

2. ACCESS TO OUR SERVICES

To enroll in our Services, you must register as more fully described below in the section entitled “Registration.” Our Services are available only to individuals who:

meet minimum age requirements (at least 13 years old for Medication Reminders and at least 18 years old for the other Services);
meet any applicable condition-specific clinical criteria that we have established for enrollment or specific aspects of our Services; and
complete the registration process that we prescribe.

By accessing or using our Services, you represent that you meet the minimum age requirements described above.

We reserve the right to change, replace, suspend, or discontinue the Services or any component of the Services (including, without limitation, any feature, specification, database, or content) at any time and for any reason at our discretion. We will not be liable to you for any change, replacement, suspension, or discontinuation of your rights to access or use the Services. We may also impose limitations on certain features or parts of the Services or restrict your access to part or all of the Services without notice or liability.

3. LIMITATIONS REGARDING MEDICINE AND MEDICAL TREATMENT

We do not provide any medical advice or medical treatment. The Content and any information provided are for informational purposes only and should not be used for the diagnosis or treatment of any medical condition. Always seek the advice of your physician or other qualified health care provider before deciding to start, alter, or discontinue any course of medical treatment.

Do not use the Services as a substitute for consulting with your physician or other healthcare provider. Do not disregard professional medical advice or delay in seeking it because of any information received in connection with our Services. The Services are designed to complement the treatment plans provided by your physician or qualified health care provider, not to replace them.

4. NO EMERGENCY SERVICES

The Services are for non-emergency purposes only. We do not carry emergency or time-critical communications to any type of hospital, law enforcement agency, or any other kind of emergency service providers. The Services do not replace 911, your health care provider(s), or other emergency assistance.

Do not attempt to access emergency care through our Services or rely on our Services in any way for emergency care or response. If you are concerned about your medical care or if you think you are having a medical emergency, call 911 or go to the nearest emergency room immediately.

5. REGISTRATION

As a condition of using our Services, you will be required to register with us by submitting information to us either through SMS (text) or the Site. You represent and warrant that all information that you submit to us is complete, accurate, and truthful. If you allow a third party to assist you in providing any information to us, including in registering for our Services, you represent and warrant that you have reviewed that information and confirmed that it is complete, accurate, and truthful before its submission. You also agree to maintain the information that you submit to us (or that any third party submits on your behalf) and to update it promptly for any changes. Failure to keep your information current will constitute a breach of these Agreements, which may result in immediate termination of your account.

You are solely responsible for the accuracy and completeness of the information you provide. Arclife is not liable for incorrect, outdated, or incomplete data submitted by you or your authorized representatives.

6. CONSENT TO RECEIVE EMAIL AND PHONE COMMUNICATIONS

As a condition to accessing or using our Services, you must provide us with your email address and phone number. By participating in the Services, you agree and consent to our communicating with you via email, voice calls, push notifications, and other electronic communications that relate to the Services as well as, when authorized by you or otherwise permitted by law, SMS/MMS mobile/text messages (collectively, “Arclife Communications”) pursuant to these Terms. You agree that Arclife Communications are governed by this Agreement.

General Terms for Arclife Communications. Arclife Communications may be unencrypted, and our communications may contain personal information, including protected health information. You agree that we may send these communications to you unless you choose to opt out, unsubscribe, or change your communication preferences, which you may do at any time. If you authorize notifications to your physician, health care providers, or your caregivers, Arclife may share adherence summaries or medication history with your designated contacts. You can manage or disable these settings at any time.

You agree that we may call the phone number that you provide and leave a message on voicemail regarding any issues related to our Services, such as reminders, payment obligations, and any calls about your use of Services. You further agree that we may send you Text Messages (as described in the section entitled “Terms for Arclife Text Messages”) below (“Arclife Text Messages”) at that phone number related to Arclife’s performance of any health care services through our Services, such as reminders, payment obligations, and any communications about your care, including automated text message campaigns.

Terms for Arclife Text Messages. We do not charge for Arclife Text Messages, but you are responsible for all fees associated with SMS/MMS mobile/text messaging (“Text Messages”) imposed by your wireless carrier, and you acknowledge that your carrier may charge you or deduct usage credit from your account when you send Text Messages to us or we send Text Messages to you. Message and data rates may apply. If you enroll a telephone number in Arclife Text Messages, you authorize us to send recurring Text Messages to the number you specify, and you represent that you are authorized to receive Text Messages at the number. Message frequency varies, and you can opt out at any time. If you do not wish to continue participating in Arclife Text Messages, you agree to reply STOP to any Text Message you receive from Arclife to opt out of that service of Arclife Text Messages. For support or assistance, email us at support@arclifehealth.com. We may change any short code or telephone number we use to operate Arclife Text Messages at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and agree we are not responsible for honoring requests made in such messages. Arclife Text Messages may not be available in all areas, or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by Arclife Text Messages are not liable for any failed, delayed, or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Arclife Text Messages program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to Arclife Text Messages will be governed by Section 19: Governing Law and Dispute Resolution below.

Electronic Notice. By accessing or using the Services, you demonstrate and agree that you can access information that we post electronically and receive electronic communications from us. As part of using the Services, you agree to receive all agreements, notices, disclosures, and other communications that we provide to you in electronic form, including all communications that we are required by law or these Agreements to provide to you. You also acknowledge that receipt of these communications in electronic form satisfies any legal requirement that the communications be in writing. Your consent to receive electronic notices, disclosures, and other communications applies to any notice or other information that we provide in connection with your application, registration, or enrollment in our Services and all communications relating to your access to and use of the Services.

7. YOUR SYSTEMS AND CONNECTIONS TO THE SERVICES

You are responsible for operating and maintaining your mobile phone, which you use to transmit information to or receive information from us that may be necessary for you to access and use the Services.

In connection with your access to and use of the Services, you understand and agree that you are responsible for data security, the transmission, and the receipt of information.

We assume no liability for or relating to the delay, interruption, failure, corruption of, unintended access to, or disclosure of any information that you or your agents transmit to us until that information reaches us. In addition, by agreeing to receive emails, text messages, push notifications, or other electronic communications from us, you agree to accept any risk and damage arising from the disclosure of those communications in transmission.

8. TYPES OF USER SUBMISSIONS

Submissions from You

In connection with your use of the Services, we may receive or collect User Submissions from you. For purposes of these Terms, “User Submissions” means any content, personal information (including without limitation, your name, contact information, activity tracking, food tracking, sleep tracking, biometric information, health readings, and other personally identifiable information or personal health information), data, text, photographs, Generative AI inputs, software, scripts, graphics, or other information, in each case, where supplied by or collected from a user of the Services, including any feedback or suggestions for improvements, enhancements, or error corrections.

Data Provided by You through Third-Party Data Sources at Your Direction

We may also receive information about you from third parties who have received your information because you subscribe to or otherwise participate in their services or because you use their digital equipment (“Third-Party Data Sources”).

For example, we may receive data from digital equipment, such as blood pressure monitors or activity trackers, that you already possess or that you later acquire on your own and not from us (“Third-Party Health Devices”). If you supply information from Third-Party Health Devices to us by manually entering that information through our Services, that information will be considered information from you and a User Submission. If you enable one or more Third-Party Health Devices to supply information to us automatically, that information will be considered information from you delivered through your Third-Party Data Sources and will also be considered a User Submission.

In addition to Third-Party Health Devices, Third-Party Data Sources may include other third-party sources of data, such as Apple HealthKit or Google Fit. When you authorize these Third-Party Data Sources to supply information to us, that information will be considered information from you delivered through your Third-Party Data Sources and will also be considered a User Submission.

9. RIGHTS TO AND RESPONSIBILITIES FOR USER SUBMISSIONS

You retain all ownership or license rights that you possess in your User Submissions, provided that you grant the licenses to use the User Submissions described below to Arclife and other users. You represent and warrant to us that you own all rights, title, and interest in and to your User Submissions or are otherwise authorized to grant the licenses described in these Agreements. You also represent that granting these licenses will not violate any law or infringe upon or violate the rights of any person or entity.

You consent and grant to Arclife a perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, fully paid, worldwide right and license to use, license, modify, reproduce, adapt, publish, translate, transmit, edit, distribute, perform, display, communicate publicly, create derivative works of, and otherwise use any User Submissions and incorporate any User Submissions in other works in any form, media, or technology, in each case, subject to these Terms, our Privacy Policy, and our Notice of HIPAA Privacy Practices. You also consent to and permit any other user of the Services to access, display, view, store, and reproduce any User Submissions that you make available to any group within the Services for his or her personal use or to the public without compensation.

If all or a portion of a User Submission constitutes protected health information or personally identifiable information as described in our Privacy Policy, we will treat it as such. However, under the license you grant pursuant to these Terms, we reserve the right to remove personal identifiers from all User Submissions and, once de-identified or otherwise rendered no longer attributable to you without additional information (including in any manner prescribed by law), the remaining information (“De-Identified Data”) will not be subject to any obligation of confidentiality on our part. You understand and agree that we own all right, title, and interest in and to any De-identified Data. You also understand and agree that De-identified Data may be used for any lawful business purpose without any duty of accounting to you. For example, once de-identified, we may use De-Identified Data from User Submissions in our publications, in sales and marketing materials, and for product research and development.

By providing you with the ability to post and use User Submissions, we do not undertake any obligation or liability relating to those User Submissions, the User Submissions of others, or any related activities. We do not endorse any User Submissions. You acknowledge that all User Submissions submitted, uploaded, posted, transmitted, or displayed are the sole responsibility of the person who made those User Submissions and that you are entirely responsible for all of your User Submissions. YOU WILL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USER SUBMISSIONS.

We do not control User Submissions from other users. Accordingly, we do not guarantee the authenticity, accuracy, integrity, or quality of any User Submissions. We do not represent, warrant, or guarantee the currency or accuracy of any information provided by or on behalf of any User, and we hereby disclaim all responsibility and liability for any information provided by or on behalf of Users in connection with their use of the Services.

You understand and agree that, in accessing or using the Services, you may be exposed to User Submissions that are offensive or objectionable. Although we reserve the right to do so, we have no obligation to monitor the Services or any User Submissions. WE DISCLAIM ANY ACTUAL OR IMPLIED DUTY TO MONITOR USER SUBMISSIONS AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY USER SUBMISSIONS OR THE QUALITY OR ACCURACY OF OTHER INFORMATION USERS PROVIDE THROUGH USING THE SERVICES.

10. ACCEPTABLE USE OF THE SERVICES

We provide the Services only for your own personal, non-commercial, limited use in accordance with these Agreements. You are responsible for all of your use of the Services. As a condition to accessing or using the Services, you agree to abide by all applicable local, state, and federal laws, rules, and regulations in accessing and using the Services at all times, and you agree not to use the Services for any purpose that is prohibited by these Agreements.

Violating the Rights of Others and Abusing or Deceiving Others

In accessing and using the Services, you agree not to take (or permit any third party to take) any action that:

is directly or indirectly threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, unlawful, obscene, offensive, or profane;
promotes bigotry, racism, misogyny, or ethnic or religious hatred;
infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;
constitutes unauthorized or unsolicited advertising, junk email, bulk email, or other spamming;
involves commercial activities and/or sales that we have not authorized, such as contests, sweepstakes, lotteries, giveaways, barters, advertisements, gifting clubs, chain letters, pyramid schemes, or other fraudulent schemes; or
impersonates any person or entity, including any of our employees or representatives, or misuses another person’s contact or account information.

Abusing and Disrupting the Services

In accessing and using the Services, you also agree not to take (or permit any third party to take) any action that:

interferes or attempts to interfere with the proper working of the Services or any activities conducted on or as a part of the Services, including by attempting to jailbreak aspects of the Services or bypass any protective measures or safety mitigations;
circumvents or attempts to circumvent any technological measure implemented by us or any other third party (including another user) to protect or restrict access to any aspect of the Services, computer systems or networks, accounts, or submissions from other users or third parties;
transmits or introduces software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or any third party;
deciphers, decompiles, disassembles, reverse engineers, or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restrictions;
modifies, translates, or otherwise creates derivative works of any part of the Services;
copies, rents, leases, distributes, or otherwise transfers any or all of the rights that you receive pursuant to these Agreements;
imposes or may impose an unreasonable or disproportionately large load on our infrastructure (or the infrastructure of any of our third-party providers);
records, processes, or mines information about other users without their consent; or
uses manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site or other aspects of the Services.

You also agree not to upload, download, post, submit, or otherwise distribute or facilitate the distribution of any content on or through the Services that accomplishes the same effect or any prohibited actions described above.

We reserve the right to edit, suspend, or remove any User Submissions from the Services at any time for any reason or no reason at all and without notice to you. We also reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary (i) to satisfy any applicable law, regulation, legal process, or governmental request; (ii) to enforce these Agreements, including investigation of potential violations; (iii) to detect, prevent, or otherwise address fraud, security or technical issues; (iv) to respond to user support requests; or (v) to protect the rights, property, or safety of our company, our users, or the public.

11. FEES AND PAYMENT

We reserve the right to require payment of fees for the Services or certain features of the Services. If you elect to access or use Services or features subject to fees, you agree to pay all applicable fees as described in those Services. You are responsible for paying any portion of fees except where those fees have been covered by your employer, health insurance company, or other third-party sponsor. We use a third-party payment vendor to process any payments from you. You represent and warrant that you are the valid owner or an authorized user of any credit card or payment account that you provide to such third-party payment vendor and that all information you provide is accurate. We reserve the right to change our price lists in the future and to institute new charges going forward at any time by providing prior notice to you. We may provide this notice by email or by posting it in the Services. You acknowledge that if you access or use Services subject to fees following that notification, you accept the new or increased charges.

SMS Delivery Disclaimer: Arclife relies on third-party networks to deliver reminders. We are not responsible for missed notifications due to delivery failures, system outages, or network interruptions outside our control.

12. ADDITIONAL INTELLECTUAL PROPERTY TERMS

All aspects of the Services and the Content are solely Arclife’s property. The Services and the Content are protected under U.S. and international intellectual property laws, including copyright, trademark, patent, and trade secret protections, as well as other laws. Consistent with the section of these Terms entitled “Rights to and Responsibilities for User Submissions,” Arclife does not claim ownership of User Submissions, and User Submissions will not be considered Content for purposes of this paragraph only.

Subject to your compliance with these Agreements, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access our Site and use other aspects of the Services. All rights in and to the Services that we have not expressly granted in these Terms are hereby reserved and retained by us. You agree to abide by all copyright notices, information, and restrictions contained in the Services and any Content. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services, any Content, any third-party submissions, or any other proprietary rights or other valid rights not owned by you without the consent of the respective owners or in any other way that violates any third-party right.

To the extent the Services expressly authorize you to do so, you may download or copy the Content and other items displayed on the Services for download, but solely for your personal use in accordance with these Terms and only if you maintain all copyright, trademark, and other notices contained in those items. Copying or storing any Content for any use other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from us or from the copyright holder identified in the item’s copyright notice.

Arclife and the Arclife logo (collectively, the “Arclife Marks”) are trademarks or registered trademarks of Arclife Health, Inc. Other trademarks, service marks, graphics, and logos appearing on the Site or other aspects of Arclife or the Services may be the property of third parties (“Third-Party Marks”). Neither these Agreements nor your use of any aspects of the Services grants you any right, title, or interest in or to, or any license to reproduce or otherwise use, the Arclife Marks or any Third-Party Marks.

13. USE OF AI FEATURES

Our Services may include features that make use of artificial intelligence, including large language models capable of generating new text, images, or other media (“Generative AI”). These features (the “Generative AI Features”) may also include interfaces or other mechanisms by which you can engage in voice or text communications, such as chat services that are intended to mimic human interactions and conversations, including through the use of Conversational AI (“Conversational AI”). We use Conversational AI and other Generative AI Features available to Users to deliver educational resources, information, or support to assist you with tasks like improving medication adherence and other goals. Arclife’s use of Conversational AI and other Generative AI is not intended to replace the care delivered by your physician or health care providers. You understand that the Output from the Generative AI features will not be unique across Users, and the Generative AI Features may generate or return the same or similar Output to Users who may ask similar questions and have a similar profile.

Due to the nature of Generative AI, the information, responses, and recommendations generated for you and other users through the use of Generative AI and Conversational AI Features (collectively, the “Output”) may not always be accurate, complete, or up-to-date and may be misleading or contain errors and omissions, or the Generative AI Features may misunderstand the content that you input and may respond to a different question than asked.

Though you have a right to use all Outputs generated for you, Arclife retains ownership of the Outputs and all intellectual property rights therein. Outputs may not be republished or commercialized without express written permission.

The Generative AI Features are provided on an “AS IS” and “AS AVAILABLE” basis, and Arclife does not make any representations or warranties of any kind, express or implied, in relation to the Generative AI Features or Output. Arclife does not warrant that the Generative AI Features will operate without interruption or be accurate, complete, or error-free, or that the Generative AI Features will meet your expectations. Arclife will not be liable for your use or inability to use the Generative AI Features, any inaccurate information generated by the Generative AI Features, or any Outputs generated by AI Features.

The Output provided by Generative AI Features is intended for general information purposes only. While certain Generative AI Features have been trained in part based on clinically validated resources, the Generative AI Features do not provide personalized clinical or medical advice or diagnosis, and do not serve as a replacement for any clinician or health care provider. You should not use any Output provided by Generative AI Features as the basis for making any important decision about your health or any other important decision. You are solely responsible for independently verifying and evaluating the Output of Generative AI Features and for any decisions you make based on the Output.

We make reasonable efforts to ensure that our Generative AI Features and Output comply with applicable copyright laws, but if you believe that your copyrighted work has been infringed, please contact us.

Arclife may use de-identified data from your User Submissions for internal analytics, product development, research, or lawful commercial purposes, consistent with privacy laws.

14. TERMINATION

If your employer, health insurance company, or another third party pays for your participation in our Services, your access to that service(s) may terminate when that third party’s coverage for your participation ends. In addition, we may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of certain information associated with your account. Upon termination of your right to use all or any part of our Services, all licenses and other rights granted to you by these Agreements for such parts of the Services will immediately terminate.

If you wish to terminate your account, you may do so by contacting our customer support team at support@arclifehealth.com. For more information on the Personal Information that we maintain, even in the event of account termination or a request for account deletion, please refer to our Privacy Policy. Any fees paid for the Services are non-refundable except where otherwise indicated by us in writing.

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership and license provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

Even if your account is terminated, Arclife may retain information such as medication history and adherence records as necessary for legal, compliance, or operational purposes.

15. WARRANTY DISCLAIMER

The Content and the Services are provided “AS IS” and “AS AVAILABLE” and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

Your use of the Services is at your own risk. Arclife and its directors, employees, agents, suppliers, partners, and anyone else involved in creating, producing, or delivering the Content or the Services (I) Do not assume liability or responsibility for the accuracy, appropriateness, completeness, or usefulness of the Content or the Services and (II) Do not warrant that: (A) The Services will be secure or available at any particular time or location; (B) Any defects or errors will be corrected; (C) Any Content or software available at or through the Services is free o viruses or other harmful components; or (D) The results of using the Services will meet your requirements or the stated purpose.

Please note that some jurisdictions do not allow the exclusion of implied warranties, so the above limitation may not apply to you. However, the limitations above will apply to the maximum extent permitted by applicable law.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Arclife Parties from all liabilities, claims, losses, damages, and expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use or misuse of the Services or the Content; (b) your provision of any User Submissions or other data to any Arclife Party; (c) your breach of these Agreements; (d) your violation or alleged violation of any applicable foreign or domestic federal, state or local laws, rules, and/or regulations; or (d) any infringement or alleged infringement by you or any third party using your account of any intellectual property right or other right of any person or entity. Arclife reserves the right to assume the exclusive defense and control of any matter subject to this indemnification, in which case you agree to assist and cooperate with Arclife in asserting any available defenses.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL ANY ARCLIFE PARTY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR THE CONTENT: (A) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR FOR ANY SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR USE OR INABILITY TO USE OR RELIANCE ON THE SERVICES OR ANY CONTENT; OR (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES. IN ADDITION, THE MAXIMUM LIABILITY OF THE ARCLIFE PARTIES TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR ACCESS TO OR USE OF OUR SERVICES, OR (II) ONE HUNDRED U.S. DOLLARS (USD 100.00).

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THESE AGREEMENTS AND THAT THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT THESE LIMITATIONS. YOU AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ARCLIFE AND YOU.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN ONE OF THOSE JURISDICTIONS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Any claims against Arclife arising in connection with your access to or use of the Services must be brought against Arclife within one (1) year of the date of the event giving rise to that claim.

18. INTERNATIONAL USE

Arclife provides the Services only to individuals residing in the United States of America and its territories, and individuals not residing in the United States or its territories are prohibited from enrolling in our Services. If you access other aspects of the Services from other locations, you do so at your own initiative and risk and are responsible for compliance with local laws. Arclife makes no representation that the Services are appropriate or available for use in locations outside of the United States, and accessing the Services is prohibited from territories where such Services are illegal.

Before initiating arbitration, you agree to first contact Arclife Support at support@arclifehealth.com to attempt to resolve the dispute informally. Only if the issue is not resolved within 30 days may arbitration be initiated.

19. GOVERNING LAW AND DISPUTE RESOLUTION

A printed version of these Agreements and any notice given in electronic form shall be admissible in judicial or administrative proceedings relating to these Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Agreements shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the laws of the United States of America. For all purposes of these Agreements, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Eastern District of Texas or a state court in Collin County, Texas.

Any dispute arising from or relating to the subject matter of these Agreements shall be finally settled by binding arbitration in Collin County, Texas, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the arbitration provisions, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

Use of the Services is not authorized in any jurisdiction that does not give effect to this Section or any other provisions of these Agreements.

20. INTEGRATION AND SEVERABILITY

These Terms, the Privacy Policy, the Notice of HIPAA Privacy Practices, and any other agreement referenced herein, constitute the entire agreement between you and us concerning the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us concerning the Services. If any provision of these Agreements is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Agreements will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for in these Agreements shall not be deemed a waiver of any further rights under these Agreements.

21. MISCELLANEOUS

We shall not be liable for any failure to perform obligations hereunder to the extent that failure results from any cause beyond our reasonable control, including, without limitation, natural disasters, epidemics or pandemics, and mechanical, electronic, or communications failures or degradation.

These Agreements are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any or all of our rights and obligations under these Agreements without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Agreements. All notices under these Agreements will be in writing and will be deemed to have been duly given (a) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (b) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (c) the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

How to Contact Us

If you would like more information about your privacy rights, please contact Arclife by emailing support@arclifehealth.com.

Version Effective: July 11, 2025

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