Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OR USING NEUROTAP HEALTH'S SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NeuroTap Health, Inc. ("NeuroTap Health," "we," "us," or "our"). They govern your access to and use of our website, mobile application, and digital therapeutic program (collectively, the "Services").

By creating an account, clicking to accept these Terms, or using our Services, you represent that (a) you are at least 18 years of age or have obtained verifiable parental consent; (b) you have the legal capacity to enter into these Terms; and (c) you have read, understood, and agree to be bound by them.

2. Description of Services

NeuroTap Health provides a digitally-delivered therapeutic program consisting of structured tapping exercise sessions designed to support individuals with musculoskeletal pain or behavioral health conditions. Our Services include:

• A library of guided tapping exercise sessions delivered via our application
• Clinical assessment tools for program enrollment, monitoring, and outcomes measurement
• In-session and micro-assessment data collection and progress tracking
• Care coordination communication features
• Educational content related to tapping therapy and your program track

NOT A SUBSTITUTE FOR EMERGENCY CARE: NeuroTap Health's Services are not intended for use in medical emergencies. If you are experiencing a medical emergency, suicidal crisis, or are in immediate danger, call 911 or go to your nearest emergency room immediately. For mental health crises, call or text 988 (Suicide & Crisis Lifeline) or text HOME to 741741 (Crisis Text Line).

3. Medical Disclaimer

3.1 Not a Substitute for Professional Care

NeuroTap Health's Services are designed to complement, not replace, the care provided by your licensed healthcare provider. Nothing in our Services constitutes medical advice, diagnosis, or treatment. Your participation in our program does not establish a physician-patient relationship with NeuroTap Health.

3.2 Program Limitations

Our tapping-based interventions have been developed based on available clinical evidence. However, results vary among individuals, and we make no representation that our program will produce specific outcomes for you. You should continue to follow the advice of your treating healthcare providers throughout your participation in our program.

3.3 Scope of Clinical Oversight

NeuroTap Health provides a self-directed digital therapeutic program under the general oversight of our Medical Director. The Services are not a crisis, emergency, or real-time monitoring service. We do not observe your use of the Services or your health data in real time, and submitting information through the Services does not generate an immediate clinical response or an automatic alert to staff. A care coordinator is available to respond to care-related inquiries within a reasonable timeframe. The Services do not constitute a comprehensive clinical relationship and do not replace your primary care provider, therapist, or specialist, and your referring or treating provider remains responsible for your medical care.

4. Eligibility and Enrollment

Enrollment in NeuroTap Health's program requires a referral from or coordination with a licensed healthcare provider. You must:

• Meet the clinical eligibility criteria for your assigned program track
• Complete the required baseline assessments prior to beginning the program
• Provide accurate and complete health information during enrollment
• Obtain any required insurance authorizations or make payment arrangements prior to beginning the program

5. Your Obligations

5.1 Accurate Information

You agree to provide accurate, current, and complete information during registration and throughout your use of the Services. You agree to update your information promptly if it changes. Providing false or misleading information may result in termination of your access to the Services.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at the contact information in Section 14 if you suspect unauthorized access to your account.

5.3 Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Share your account credentials with any other person
• Attempt to access, tamper with, or disrupt the Services or any related systems
• Upload or transmit viruses, malware, or other harmful content
• Attempt to reverse engineer, decompile, or extract source code from our application
• Use the Services to collect information about other users without their consent
• Misrepresent your identity or health information

6. Fees and Payment

Certain aspects of our Services may be covered by your health insurance, employer, or other third-party payer. Where fees are not covered, you agree to pay the applicable charges as disclosed at the time of enrollment. All fees are non-refundable except as required by applicable law or as expressly set forth in our refund policy. We reserve the right to modify our pricing with advance notice to you.

7. Intellectual Property

All content, software, technology, and materials available through our Services, including the tapping exercise content, assessment tools, program structure, and platform design, are owned by NeuroTap Health, Inc. or our licensors and are protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use as permitted by these Terms.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from our Services without our prior written consent.

8. Privacy and Health Information

Our collection and use of your personal information and Protected Health Information is governed by our Privacy Policy and HIPAA Notice of Privacy Practices, each incorporated herein by reference. By using our Services, you consent to our data practices as described in those documents.

8.1 SMS / Text Messaging Terms

If you choose to enable SMS-based two-factor authentication, the following terms apply to the text messages we send you:

• By providing your mobile number and enabling SMS verification, you consent to receive one-time verification codes from NeuroTap Health by text message at that number.
• Message frequency varies and depends on your login activity, typically one message per login attempt. Message and data rates may apply.
• You can opt out at any time by replying STOP. Reply HELP for help, or contact us at the information in Section 14. Opting out of SMS verification may require you to use an alternative authentication method to access your account.
• These verification messages contain only a security code and do not include Protected Health Information. Mobile carriers are not liable for delayed or undelivered messages.
• No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. For details on how we handle your information, see our Privacy Policy.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

WE MAKE NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET YOUR SPECIFIC HEALTH OR CLINICAL NEEDS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEUROTAP HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless NeuroTap Health and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

12. Termination

12.1 By You

You may stop using our Services at any time and may request deletion of your account by contacting us. Terminating your account does not relieve you of any obligations you have incurred prior to termination, and we will retain your health records in accordance with applicable law.

12.2 By Us

We may suspend or terminate your access to the Services at any time, with or without notice, for reasons including: violation of these Terms, failure to make required payments, clinical unsuitability, or discontinuation of the Services. We will make reasonable efforts to notify you and coordinate continuity of care in the event of program discontinuation.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute, you agree to contact us at the address in Section 14 and attempt to resolve the dispute informally for a period of 30 days.

13.2 Governing Law

These Terms are governed by the laws of the State of Connecticut, without regard to its conflict of law provisions. Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Connecticut.

13.3 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally under Section 13.1 shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in the State of Connecticut or, at your election, in your home jurisdiction or by video/telephone. The arbitrator's award may be entered in any court of competent jurisdiction.

Exceptions. This arbitration agreement does not apply to: (a) claims that may be brought in small-claims court; (b) actions seeking injunctive or equitable relief for intellectual-property infringement or unauthorized access to the Services; and (c) any dispute that applicable law does not permit to be arbitrated.

Your right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to the contact address in Section 14, stating your name and your intent to opt out. Opting out will not affect any other provision of these Terms, and it will not affect your access to the Services.

This Section does not waive any rights or remedies available to you under applicable health-care, consumer-protection, or other laws that cannot be waived by agreement.

13.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS — WHETHER IN ARBITRATION OR IN COURT — WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Contact Information

NeuroTap Health, Inc. Email: support@neurotaphealth.com

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, HIPAA Notice of Privacy Practices, and Informed Consent, constitute the entire agreement between you and NeuroTap Health with respect to the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to enforce it in the future.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights freely.
• Updates: We may update these Terms from time to time. We will provide notice of material changes at least 30 days in advance. Continued use of the Services after such changes constitutes acceptance of the updated Terms.