Legal

Heal — Terms of Service

Application: Heal (also known as “Healing Protocol”) Operator: Jason Kilic Last updated: July 23, 2026

THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SERVICES.

Welcome to Heal. Heal is a mobile application and related services designed to support people preparing for and recovering from knee replacement surgery. The Services (defined below) are owned and operated by Jason Kilic, an individual doing business as “Healing Protocol” (“Heal,” “we,” “us,” “our,” including any successors and assigns). Any references to “you” or “your” in these Terms mean the person using our Services, including that person’s heirs, assigns, or dependents, or an authorized person registering for our Services on behalf of another.

These Terms of Service (“Terms”), together with any documents they incorporate by reference — including, without limitation, our Privacy Policy — govern your access to and use of our Services. Your affirmative act of using the Services or registering for an account constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

By using the Services you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you are not authorized to use the Services.

I. General Terms

The Services

These Terms apply to (i) your use of and/or access to the Heal mobile application (the “Application”), including any portions available only to registered users; (ii) your use of and/or access to any websites we operate for Heal; and (iii) your use of and/or access to any information, content, and other online or mobile-enabled technology, platforms, digital tools, and other services and products provided by us that contain a link to, or are accessible after agreeing to, these Terms (collectively, the “Services”). Portions of the Services may be subject to additional guidelines, rules, or terms (“Additional Terms”) presented within the applicable feature. If there is any conflict between these Terms and any Additional Terms, the Additional Terms control with respect to that feature and all non-conflicting Terms apply.

We Do Not Provide Medical Advice; Talk with Your Care Team

HEAL DOES NOT DISPENSE MEDICAL, DIAGNOSIS, OR TREATMENT ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DISREGARD, AVOID, OR DELAY GETTING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR SURGEON, PHYSICAL THERAPIST, OR OTHER HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR LEARNED FROM THE SERVICES. THE INFORMATION, FEATURES, AND TOOLS MADE AVAILABLE ON OR THROUGH THE SERVICES — INCLUDING RECOVERY PHASES, DAILY PLANS, EXERCISE INSTRUCTIONS AND VIDEOS, EDUCATIONAL CONTENT, CHECK-INS, TRACKERS, AND MEDICATION REMINDERS — ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS. THIS INCLUDES ANY CONTENT, RESPONSES, OR RECOMMENDATIONS GENERATED BY OUR AI FEATURES, WHICH ARE INFORMATIONAL ONLY, ARE NOT MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL GUIDANCE FROM A QUALIFIED HEALTHCARE PROVIDER.

Nothing available through the Services is intended to constitute the practice of medicine, physical therapy, nursing, pharmacy, or counseling care. The recovery content in the Services is general in nature; it is not tailored to your specific surgery, anatomy, complications, or medical history. If anything in the Services conflicts with instructions from your surgeon, physical therapist, or other treating providers, follow your care team’s instructions. We make no representations or warranties that any particular exercise, activity, drug, or treatment is safe, appropriate, or effective for you. You should confirm all healthcare-related information with your health care professionals before making health care-related decisions. Your use of the Services does not create a physician-patient relationship, any sort of confidential, fiduciary, or professional relationship, or any other special relationship that would give rise to any duties on our part unless otherwise explicitly provided.

Any exercises, recovery activities, and general wellness tips provided via the Services are for general educational and informational purposes only and are not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Exercise — particularly after surgery — carries risks, and the Services’ activities could result in injury. To reduce the risk of injury, before beginning or continuing any exercise program in the Services, consult your surgeon, physical therapist, or another qualified healthcare provider for appropriate exercise prescription and safety precautions, including which movements are appropriate for your stage of recovery. Stop any activity that causes or increases pain, swelling, or instability and contact your care team. The exercise instruction presented via the Services is in no way intended as a substitute for medical consultation. By engaging in the tools and features of the Services, you agree that we are not liable for any injury you may sustain due to any participation therein and that you are using those tools and features at your own risk.

AI Features

Some of our Services — including the “Ask” chat — use artificial intelligence (AI), including conversational AI and automated chat features (collectively, “AI Features”). When you interact with an AI Feature, you are communicating with an automated system, not with a human. Our AI Features are artificially generated and are not a human being; they are not a doctor, nurse, therapist, physical therapist, counselor, coach, or any other licensed or human professional and do not represent, impersonate, or claim to be any licensed professional.

Your use of, or interaction with, an AI Feature does not constitute, and is not equivalent to, licensed or professional services of any kind, including medical, diagnostic, treatment, therapeutic, mental health, behavioral health, counseling, psychological, nutritional, or other physical or mental health advice, care, or services. AI Features do not practice medicine, nursing, psychology, counseling, or any other licensed profession, and your interaction with an AI Feature does not create a provider-patient, therapist-client, or any other professional or fiduciary relationship.

AI Features may generate responses automatically and may produce information that is inaccurate, incomplete, or not appropriate for your individual circumstances. AI Feature output is provided for general informational and supportive purposes only and is not a substitute for consultation with a qualified healthcare provider or other appropriate licensed professional. Always seek the advice of a qualified professional with any questions you may have, and do not disregard, avoid, or delay obtaining professional advice because of something provided by an AI Feature.

AI Features may use information you have provided — such as your surgery date, recovery stage, profile details, check-ins, and messages — to personalize the content, recommendations, and experiences presented to you, as described in our Privacy Policy. AI Features do not make final clinical decisions about you.

We have implemented safety protocols for our AI Features, including measures intended to detect certain expressions of distress, suicidal ideation, or self-harm and to refer users to crisis resources. These protocols are designed to reduce risk but may not detect every situation, and you should not rely on them in place of professional help. AI Features are not intended for use in an emergency or crisis. If you think you may have a medical emergency, or if you are experiencing a mental health crisis or thoughts of self-harm, call 911 or go to the nearest emergency room immediately, or call or text 988 to reach the 988 Suicide and Crisis Lifeline. Do not rely on an AI Feature for emergency or crisis support.

Additional notices, disclosures, or terms may be presented to you at or near the point where you interact with an AI Feature, and those Additional Terms apply to your use of that feature. Certain AI Features, or particular aspects of them, may not be available in all regions.

Wellness Tools

The Services allow you to engage in recovery- and wellness-related activities, including, but not limited to, following daily recovery plans, performing exercises and watching exercise videos, tracking your progress and symptoms, completing check-ins, uploading progress photos, reviewing educational articles and videos, and setting medication reminders (collectively, the “Wellness Tools”). Please talk with your doctor before engaging in any physical activity, health-related program, or diet. Use caution when engaging in any physical activity related to your use of the Services; watch out for dangerous situations that could arise around you, such as obstacles, slippery surfaces, stairs, traffic, and other people.

Medication reminders. The medication reminder feature is a convenience tool only. It relies on the medication names and times that you enter, and on your device’s notification settings, operating system behavior, battery and connectivity state — reminders may be delayed or may fail to be delivered. We do not verify medication names, dosages, schedules, or interactions, and reminders are not a substitute for the instructions of your prescriber or the label provided by your pharmacy. Always follow your prescriber’s and pharmacist’s instructions, and do not rely solely on the Services to take medication on time.

Results May Vary

The Services support recovery and lifestyle activities, but no particular individual’s results should be seen as typical. Recovery from surgery varies substantially from person to person and depends on factors outside our control, including your health status, surgical outcome, and adherence to your care team’s instructions. Your results will vary, and use of the Services is not a guarantee of any particular recovery outcome or timeline.

Third Party Services

Our Services may contain links to or provide interfaces with other services and websites that are owned and operated by third parties — for example, app store billing, authentication, analytics, customer-support chat, cloud hosting, and video delivery services (“Third Party Services”). In some cases, you can authorize us to act on your behalf to access, interact with, retrieve information from, and/or submit information to such Third Party Services. You can revoke our access to such Third Party Services by amending the appropriate settings within the Services or on the applicable Third Party Service, although doing so may limit or prevent you from using or accessing parts of our Services. Third Party Services may amend their terms and our access to them at any time, and we cannot guarantee that our Services will always include a connection to such Third Party Services.

Except as otherwise provided, links to Third Party Services are provided solely for your convenience and are not an endorsement. We do not guarantee the availability or functionality of Third Party Services and are not responsible for the content, accuracy, completeness, quality, availability, timeliness, validity, legality, or decency of the materials or tools made available through any Third Party Services or your use of them. Your use of Third Party Services is subject to those services’ own terms and conditions and is at your own risk. We shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with your use of Third Party Services.

Minimum Age Requirement

The Services are intended for adults. You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use the Services. By using the Services, you represent that you meet this requirement. The Services are not intended or designed to be used by children, and we do not knowingly collect information from anyone under 18 through the Services.

Account

Registration. Certain portions of the Services are only available to registered members. To register, you will need to provide some information about yourself — such as your name and email address — and choose a password. You must be legally competent to enter into contracts to register for our Services. You agree not to register for more than one account, create an account on behalf of someone else without authorization, or create a false or misleading identity on the Services. If your account is revoked for any reason, you agree not to register a new account using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without notice to you, or to exercise any other remedies available to us under these Terms and/or by law.

Account Security. As a registered user of the Services, you are responsible for protecting your account information, and you are solely responsible for all activity that occurs under your account. If your account is compromised, you agree to inform us immediately. We are not liable for any losses by any party caused by an unauthorized use of your account. You agree to keep your personal information with us accurate and up-to-date at all times. Your first name may display in certain features.

Subscriptions and Fees

Certain features of the Services may require a paid subscription. Subscriptions are purchased through, and billed by, the Apple App Store or Google Play Store (each, an “App Store”), not by us directly, and your purchase is also subject to the applicable App Store’s terms.

You are responsible for the charges and fees associated with the subscription you selected at the time of purchase. Unless you cancel, your subscription will automatically renew for successive periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate, and the App Store will charge the payment method associated with your App Store account. If you were eligible for a promotional or introductory rate and are no longer eligible, your subscription will renew at the then-current non-promotional rate.

Free trials. We may offer a free trial (for example, a 7-day free trial) as an introductory offer when you start a subscription. If your subscription includes a free trial, the trial’s length and the price you will be charged after it ends are disclosed at the time of purchase. Unless you cancel at least 24 hours before the end of the free trial, your trial will automatically convert to a paid subscription and the App Store will charge the payment method associated with your App Store account at the price disclosed at purchase. You can cancel at any time during the free trial through your App Store subscription settings, as described below; if you cancel during the trial, you keep access until the trial ends and will not be charged. Free trial eligibility is determined by the applicable App Store and is generally limited to one trial per customer.

Cancellation and refunds. You can cancel your subscription at any time through your App Store subscription settings (for example, Settings → Apple Account → Subscriptions on iOS, or Google Play → Payments & subscriptions on Android). Deleting the Application does not cancel your subscription. If you cancel, your subscription remains active until the end of the then-current subscription period, and you will not receive a credit or refund for partially used subscription terms. Refunds, where available, are handled by the applicable App Store under its policies; we do not control App Store refund decisions.

SOLE REMEDY. YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION IS THE SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (A) THESE TERMS OR OUR ENFORCEMENT OR APPLICATION THEREOF; (B) ANY PRACTICE OR POLICY OF OURS, INCLUDING THESE TERMS AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (C) THE CONTENT AVAILABLE THROUGH THE SERVICES OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE SERVICES; (D) THE ABILITY TO ACCESS AND/OR USE THE SERVICES; OR (E) THE AMOUNT OR TYPES OF FEES, SURCHARGES, APPLICABLE TAXES, OR BILLING METHODS, OR ANY CHANGE TO THE FEES, CHARGES, APPLICABLE TAXES, OR BILLING METHODS.

Safeguarding Devices

You must safeguard the devices you use to access the Services (e.g., phones and tablets) and use appropriate security settings on those devices. If those devices are lost, stolen, or misplaced, others may be able to access your account and your personal information using those devices.

Prohibited Conduct

You agree not to do, or help anyone else do, any of the following:

• use the Services in any manner that violates any laws and/or regulations;
• advocate or encourage illegal activity;
• use the Services for commercial purposes (including by posting advertising or solicitations) or in any manner that competes with any product or service of Heal;
• collect, copy, or harvest data or materials from the Services without our express written permission;
• remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary rights or notices marked on the Services;
• collect, copy, or use data about another user without their knowledge and consent;
• post or communicate harassing, threatening, harmful, obscene, defamatory, abusive, fraudulent, illegal, infringing, offensive, hateful, or libelous materials, as determined by us in our sole discretion;
• attempt to manipulate the Services (or any of their features or functionalities) in an unfair, improper, or inappropriate manner, or in a manner that creates an unfair, improper, or inappropriate advantage or benefit for you or any other user;
• use our marks, logos, or any source identifiers of our Services (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;
• misrepresent your identity or provide us with any false information at any time on or through the Services;
• allow another user to use your credentials to access the Services, or use the credentials of another user to do the same; or
• engage in any activity that threatens the security or functionality of the Services, including but not limited to:
  • attempting to gain unauthorized access to any Services, user accounts, computer systems, or networks through any means;
  • introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • using manual or automated software, devices, scripts, robots, backdoors, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages or other content, data, or other information contained in the Services, or otherwise using, accessing, or collecting content, data, or information contained in the Services using automated means (if you are blocked from the Services, you agree not to implement any measures to circumvent such blocking, e.g., by masking your IP address or using a proxy IP address);
  • using the content contained in the Services for the development of any software program, including, but not limited to, training a machine learning or AI system;
  • attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
  • intentionally or unintentionally launching or facilitating any denial-of-service attack on the Services;
  • engaging in viral messaging, spamming, or sending of unsolicited advertisements, solicitations, or bulk communications, or distributing chain mail or harmful computer code, viruses, or malware;
  • using the Services in any way that could, in our sole judgment, interfere with any other party’s use or enjoyment of the Services, or in a manner that could overburden, impair, damage, or disable our networks or servers, or expose us or our licensors, users, customers, or suppliers to any claims or liability; or
  • attempting to carry out or assist anyone in any of the foregoing.

You agree that we may take any measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms, including suspending your use of the Services. Without limiting any other rights we have, you agree that we may take any actions permitted or required by law (including the suspension or termination of your account or your access to the Services) if we believe, in our sole discretion, that you are engaging in activities that (i) violate these Terms, (ii) could expose us and/or our vendors or business partners to liability, or (iii) could harm our reputation or that of our vendors and business partners.

Ownership of the Services

The Services and their content are provided solely for your personal, noncommercial use in accordance with these Terms. You agree that the Services (and all content contained therein), as well as the underlying software, systems, metadata, data, and other proprietary technology and methodologies (collectively, “Heal Property”), are protected by intellectual property and other laws, and are the property of Heal and/or its licensors. You agree you will not modify, copy, reproduce, prepare derivative works from, license, sublicense, sell, resell, rent, transfer, translate, redistribute, transmit, republish, reverse engineer, decompile, or disassemble any Heal Property without our prior written permission and that of any applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Heal Property and shall not remove or allow any third party to remove any proprietary rights legend from the Services. Noncommercial use does not include the use of content without our prior written consent in connection with: (1) the development of any software program, including, but not limited to, training a machine learning or AI system; or (2) providing archived or cached data sets containing content to another individual or entity. All rights not expressly granted herein are reserved to Heal and its licensors.

Ownership of and Our Rights to Your Materials and Feedback

We may make available to you the ability to post, submit, email, or otherwise make available on or through the Services information, text, photos, or materials (“Your Materials”). Except as otherwise provided in our Privacy Policy and Additional Terms relevant to certain features, you are responsible for Your Materials. You represent and warrant that Your Materials do not violate any other party’s intellectual property, privacy, or other rights. Subject to the license grant below, as between you and us, you retain ownership and any intellectual property rights contained in Your Materials. You grant us a non-exclusive, royalty-free, fully-paid, transferable, sublicensable, worldwide license to use, reproduce, modify, transmit, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit Your Materials in any form, technology, or media now known or hereafter developed, for the purposes of operating, providing, improving, and promoting the Services. You hereby waive any moral rights you may have in Your Materials under the laws of any jurisdiction to the extent permitted by law. You agree we may exercise any of these rights without compensation or attribution to you.

If you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Services (collectively, “Feedback”), you represent and warrant: (i) that you have the right to disclose the Feedback; (ii) that the Feedback does not violate the rights of any person or entity; and (iii) that your Feedback does not contain the confidential or proprietary information of any third party. By sending us any Feedback, you further: (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Heal and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services. This section applies whether you provide the Feedback through the Services or through any other method of communication.

Public Areas; Content of Others

The Services may contain areas that are viewable by other users and/or can be used by others to post information or other content (collectively, the “Public Areas”). You are solely responsible for your own communications and any reliance on communications contained in Public Areas, even if the content or communication violates our policies or is otherwise offensive. You agree to only post content or materials that comply with these Terms. You agree that we are not responsible, and have no liability, for any consequences that result from your use of, or disclosure of information in, Public Areas or other areas of the Services. Once you post something online, there is the potential for numerous individuals to read your words, even years from now. Use caution when posting in any Public Areas, and do not disclose information like your location, personal medical information, or financial information. We are not responsible for the content of any comments or responses posted by others.

Your content and materials cannot:

• contain any third-party material — including logos, drawings, photographs, images or works of art, phrases, trademarks, or trade secrets — without explicit, prior, written permission to use such materials;
• contain sexually explicit, graphic, gratuitous, or unnecessarily violent content, or defamatory or derogatory content against any ethnic, racial, gender, religious, sexual orientation, professional, or age group, or contain any pornographic or nude material;
• contain any private information about yourself or any other individual — including, without limitation, information related to health, financial information, or any identification or account numbers — with or without their permission or consent;
• contain any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or
• contain any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or promote illegal activity and/or illegal contests, sweepstakes, gambling, or any other form of solicitation.

Use and Storage Practices

We may establish general practices and limits concerning use of the Services, including, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. We reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Disclaimers; We Make No Warranties

We try to keep the Services bug-free and safe, but you use them at your own risk. We provide the Services “as is,” “with all faults,” and “as available.” We and our suppliers make no express or implied warranties or guarantees about the Services. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES, OR ANY INFORMATION CONTAINED IN THE SERVICES, ARE ACCURATE OR UP-TO-DATE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND ANY SERVICE, MATERIAL, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, OR USE OF RESOURCES OR PARTICIPATION IN ANY PROGRAMS OR ACTIVITIES ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SERVICES, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS OR MOBILE DEVICES AND ANY LOSS OF DATA THAT RESULTS THEREFROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US SHALL CREATE A WARRANTY NOT EXPRESSLY SET FORTH HEREIN. OUR AI FEATURES AND ANY AI-GENERATED CONTENT ARE PART OF THE SERVICES AND ARE PROVIDED ON THE SAME “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND WE MAKE NO WARRANTY OR GUARANTEE THAT AI OUTPUT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR APPROPRIATE FOR YOUR CIRCUMSTANCES.

Limitation of Liability

YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO YOUR USE OF THE SERVICES AND/OR FOR ANY BREACH OF THESE TERMS, IS SOLELY LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU PAID TO US WITHIN THE LAST 12 MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. THIS MEANS THAT WE HAVE NO LIABILITY TO YOU WHERE WE PROVIDE YOU WITH SERVICES FREE OF CHARGE. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR RELIANCE ON, THE SERVICES, OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES, ANY TERMINATION OF YOUR ACCESS TO OR DISCONTINUANCE OF THE SERVICES, OR ANY BREACH OF THESE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, AND LOSS OF GOODWILL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOUND TO BE UNENFORCEABLE, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE FOREGOING LIMITATION OF LIABILITY IS NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, ANY RELEASED PARTIES ARE NOT LIABLE FOR ANY DAMAGES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS; AND ANY RELEASED PARTIES ARE NOT, IN ANY CASE, LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

OTHER STATES MAY ALSO LIMIT LIABILITY. IF YOUR STATE DOES NOT ALLOW THIS TYPE OF LIMITATION, ONE OR MORE OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Time Limit for Bringing Claims

YOU AGREE THAT, REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICES, OR YOUR RELATIONSHIP WITH US MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE THE CLAIM AROSE, OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW. Notwithstanding the foregoing, the above statute of limitations shall not apply to residents of New Jersey.

Indemnification

You agree to defend, indemnify, and hold Heal harmless from all third-party claims, liabilities, losses, damages, and expenses, including but not limited to reasonable attorneys’ fees, that, in each instance, arise out of or relate to: (i) your use or misuse of the Services, (ii) Your Materials, and/or (iii) your violation of these Terms. Notwithstanding the foregoing, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Heal harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or connected with your violation of these Terms. You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder. In any such litigation, you will cooperate with us in asserting any available defenses.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

THE FOLLOWING SECTIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Resolving Disputes — Let’s Try to Sort Things Out First

We want to address your concerns without resorting to litigation. Before either party may file a claim against the other, we both agree to try to resolve the dispute informally. You can contact us at help@pulsivehealth.com to initiate the dispute resolution process. If a dispute is not resolved within 30 days of submission, you or Heal may bring a formal arbitration proceeding as described below.

Agreement to Arbitrate

You and Heal agree to resolve any claims relating to these Terms, the Services, or our relationship through final and binding arbitration conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated, available at jamsadr.com or by calling JAMS at 1-800-352-5267 (“JAMS Rules”), and under the rules set forth in these Terms, except as set forth under “Exceptions to Agreement to Arbitrate” below.

Location of Arbitration

The arbitration shall be held in the state in which you reside or any other location as agreed upon between you and Heal. For residents outside the United States, arbitration shall be initiated in the State of California, or any other location to which the parties agree in writing. You and Heal further agree to submit to the personal jurisdiction of any state or federal court in the State of California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Opt-out of Agreement to Arbitrate

You can decline this agreement to arbitrate by sending a letter to us that must be postmarked within 30 days of your first acceptance of terms containing an arbitration provision, or by sending an email to help@pulsivehealth.com within the same time period. The letter or email must specify your first and last names, the email address associated with your Heal account, your mailing address, and explain that you are opting out of the Heal Terms arbitration provision. The letter should be sent to: Pulsive Health, 345 West Portal Ave, Ste 210, San Francisco, CA 94127. If you opt out of these arbitration provisions, Heal will not be bound by them either.

Arbitration and Attorneys’ Fees

You will be required to pay the applicable fee for consumer arbitrations when initiating the arbitration. Heal will pay all other arbitration fees, unless the arbitrator finds the arbitration to be frivolous. You are responsible for any additional costs you incur in the arbitration, including but not limited to attorneys’ fees and expert witness costs, unless Heal is otherwise specifically required to pay such fees under applicable law. The arbitration shall be conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, excluding any rules or procedures governing or permitting class actions. The decision of the arbitrator will be final, binding, and in writing, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Heal and you agree that dispositive motions, including, without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, Heal and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose, in which case either party may be awarded attorneys’ fees and costs if permitted by law. Heal and you understand that, absent this mandatory arbitration provision, Heal and you would have the right to sue in court and have a jury trial. Heal and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court.

Severability; Waiver of Jury Trial

Except as explicitly provided herein, if any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Heal and you agree to waive, to the fullest extent allowed by law, any trial by jury, and that such claim will be brought in the federal or state courts of the State of California. Both you and Heal consent to venue and personal jurisdiction there.

Exceptions to Agreement to Arbitrate

Either you or Heal may assert claims, if they qualify, in small claims court with jurisdiction over the claim, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit alleging intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions

We agree that each party may only resolve disputes with the other party on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. We agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU AND HEAL ARE GIVING UP THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION AS STATED ABOVE OR CEASE USING OUR SERVICES. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

Changes to the Arbitration Agreement and Class Action Waiver

We will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration Agreement and Class Action Waiver by posting on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection is not enforceable or valid, then this subsection shall be severed from the remainder of the Arbitration Agreement and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration Agreement and Class Action Waiver section in existence after you began using the Services.

Survival

This Arbitration Agreement and Class Action Waiver section shall survive any termination of your account or the Services.

Choice of Law

You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You otherwise agree that the law of the State of California governs these Terms and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

Procedures for Notification of Copyright Infringement

If you believe that your copyrighted work has been copied and is accessible on or through the Services in a way that constitutes copyright infringement, you may notify us via email at help@pulsivehealth.com or by mail at Pulsive Health, 345 West Portal Ave, Ste 210, San Francisco, CA 94127, and provide the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or subject to infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party, including but not limited to an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices

You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records regarding the Services (collectively, “Notices”). You agree that we can send you Notices (i) to the email address that you provided to us during registration, (ii) by push notification, or (iii) by posting the Notice on the Services. Our delivery of any Notice is effective when sent or posted, regardless of whether you read or actually receive it. You can withdraw your consent to receive Notices electronically by notifying us in writing at help@pulsivehealth.com, although doing so may require us to suspend or close your account.

Email Marketing

You agree that we may send you recurring promotional and personalized marketing emails to the email address you provided us during registration or to any other email address that you may designate. Consent to receive these emails is not a condition of any purchase. You can withdraw your consent to receive such emails by clicking the UNSUBSCRIBE link in any such email or by changing the communication preferences in your account, if applicable.

Changes to These Terms or the Services

From time to time, we may, in our sole discretion, modify these Terms. We may also modify, terminate, or discontinue the Services, including by discontinuing any aspect or feature thereof (collectively, “Modifications”). If we make any material changes to the Terms, we will attempt to notify you by email (sent to the email address specified in your account) and/or via the Services prior to the change becoming effective, which you agree is sufficient to bind you to any such Modification. In any event, changes to these Terms will be reflected in an updated version that will be posted on the Services, and all changes will be effective upon such posting. You agree to regularly review these Terms to remain current on any changes. You can determine when these Terms were last revised by referring to the “Last updated” legend at the top of this document. If you disagree with the Modifications, you should cancel your account by providing written notice to us and cease all use of the Services. By continuing to use the Services after any notice or posting of the Modifications, you are agreeing to be bound by the Modifications.

Assignment

We may assign these Terms at any time without notice to you. You may not assign these Terms to anyone else. Any attempted assignment or delegation by you is null and void.

Termination

We may cancel, suspend, or block your use of the Services and/or registration at any time, without cause and/or without notice. Unless otherwise noted, you may cancel your account at any time, but you will not receive a refund of any fees paid (subscription refunds, where available, are handled by the applicable App Store as described above). Your right to use the Services will end once your account is canceled or your access to the Services is terminated for any reason, and any data you have stored on a Service may be unavailable to you after that.

Entire Agreement; Miscellaneous

These Terms, and any supplemental terms, policies, rules, and guidelines posted on the Services, constitute the entire agreement between you and us and supersede all previous written or oral agreements. Except as set forth in the Arbitration Agreement and Class Action Waiver section, if any part of these Terms is held invalid or unenforceable as a matter of law, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. We reserve the right hereunder to seek, at your expense, an injunction to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms are for convenience only and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

II. Terms for the Mobile Application

The following terms apply to your access to or use of the Heal mobile application (together with all information and software associated therewith, the “Application”) through any device.

Rights Granted to You

We grant you a limited, non-exclusive, revocable, non-transferable license to download, install, and use the Application solely for your personal, non-commercial use on a mobile or tablet device owned or controlled by you and only in accordance with these Terms. Other than the limited rights granted in the immediately preceding sentence, no other rights are granted to you. This is only a license to, and not a sale of, the Application.

Your Responsibilities as the Application User

Use of the Application requires third-party services and equipment, such as a compatible device, Internet access, and a telecommunications carrier. You are responsible for obtaining and maintaining the equipment and services necessary to use the Application. We are not responsible for equipment defects, lack of service, or other issues arising from third-party services or equipment. You are solely responsible for your use of those services on your mobile device, compliance with any applicable third-party terms, and payment of all applicable third-party fees associated with any carrier service plan you use in connection with your use of the Application (e.g., data, roaming, or other applicable fees charged by your carrier). You are also responsible for maintaining the confidentiality of the credentials used to access the Application. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information.

Additional Restrictions and Notices

You agree you will not remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application. You acknowledge that we may issue upgraded versions of the Application and may automatically upgrade the version you are using. You consent to such automatic upgrading and agree that the then-current Terms shall govern all such upgrades. The Application and other aspects of the Services may include third-party code and other software, which is governed by the applicable open-source or third-party end-user license agreement, if any, that authorizes the use of such code.

Special Notice for International Use / Export Controls

Any technology or software underlying the Application or Services (collectively, the “Software”), if any, is subject to U.S. export controls. No Software may be downloaded from the Application or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Application and/or Services, including as it concerns online conduct and acceptable content.

Termination of Your Rights

Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the Application and cease any further use of it.

Apple iOS App

If you download, access, and/or use the Application on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:

• the iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system;
• these Terms are between you and Heal, and not with Apple;
• Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App; if you have any maintenance or support questions in relation to the iOS App, please contact us, not Apple;
• except as otherwise expressly set forth in these Terms, any claims relating to the possession or use of the iOS App are between you and Heal (and not between you, or anyone else, and Apple);
• in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
• although these Terms are entered into between you and Heal (and not Apple), Apple, as a third-party beneficiary under these Terms, will have the right to enforce these Terms against you.

In addition, you represent and warrant that:

• you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country;
• you are not listed on any United States Government list of prohibited or restricted parties; and
• if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition, or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs, or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.

Google Play App

If you download, access, and/or use the Application from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Heal only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Heal, and not Google, is solely responsible for the Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to the Google-Sourced Software.

III. Push Notifications and Reminders

The Application can send you push notifications, including medication reminders you set, recovery-plan updates, and other Service-related messages. Notifications are delivered through your device’s operating system and require your permission at the device level; you can enable or disable them at any time in your device settings.

You acknowledge that push notification delivery is not guaranteed. Notifications may be delayed, suppressed, or undelivered due to your device settings (including Do Not Disturb and Focus modes), operating-system behavior, battery-optimization features, network conditions, or other factors outside our control. Do not rely on push notifications as your only means of remembering to take medication or perform any health-related task. Medication reminders are a convenience feature and are subject to the medication reminder disclaimer in the Wellness Tools section above.

Some notifications may include the medication names you entered or other content you provided. Anyone able to view your device’s lock screen may see notification content; you can adjust notification previews in your device settings.

We will not require you to receive promotional push notifications as a condition of using the Services.

Contact

Questions about these Terms or the Services can be sent to help@pulsivehealth.com or raised through the in-app support chat (Profile → Support). Written legal notices should be mailed to: Pulsive Health, 345 West Portal Ave, Ste 210, San Francisco, CA 94127.