Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and EagleBridge Inc. ("EagleBridge," "Company," "we," "us," or "our"), governing your access to and use of the EagleBridge mobile application, website, web application, APIs, and all related services, tools, features, and functionalities (collectively, the "Platform").

BY ACCESSING, DOWNLOADING, INSTALLING, REGISTERING FOR, OR USING THE PLATFORM IN ANY MANNER, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTIONS 23 AND 24. IF YOU DO NOT AGREE TO EVERY PROVISION OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM AND DELETE YOUR ACCOUNT.

These Terms incorporate by reference our Privacy Policy, which is available at eaglebridge.ai/privacy. You acknowledge that you have read and agree to the Privacy Policy, which forms an integral part of these Terms.

We reserve the right to modify, amend, update, or replace these Terms at any time, in our sole and absolute discretion, with or without prior notice. Your continued use of the Platform after any modifications constitutes your binding acceptance of the modified Terms.

2. Eligibility

2.1. You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

2.2. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3. We reserve the right to refuse access to the Platform to any person, for any reason, at any time, in our sole and absolute discretion.

3. Definitions

All capitalized terms used in these Terms that are not otherwise defined herein shall have the meanings ascribed to them in our Privacy Policy. In addition, the following definitions apply:

• "Platform" means the EagleBridge mobile application (iOS and any future platforms), website, web application, APIs, and all related services, tools, features, functionalities, content, and materials, whether accessed via mobile device, computer, or any other means.
• "Services" means all services provided through the Platform, including but not limited to peer matching, peer-to-peer communication, video calling, scheduling, clinical trial information, content delivery, and any other service or feature.
• "User Content" means any and all content, data, information, text, images, audio, video, communications, messages, feedback, or other materials you create, upload, transmit, share, or otherwise make available through the Platform.
• "Peer" means another user of the Platform with whom you are matched or connected for peer-to-peer support purposes.
• "Intellectual Property" means all patents, trademarks, service marks, trade names, copyrights, trade secrets, know-how, algorithms, software, code, designs, logos, graphics, user interfaces, and all other proprietary rights.

4. Platform Description

4.1. EagleBridge is a peer-to-peer support platform that connects individuals who have experienced or are experiencing similar medical conditions, starting with foot and ankle surgery. The Platform facilitates connections between peers through condition-based matching, messaging, and video calls.

4.2. The Platform may also provide access to information about clinical trials and research studies that may be relevant to your condition. This information is provided for informational purposes only and does not constitute medical advice or a recommendation to participate in any clinical trial.

4.3. The Platform is provided on an "as-is" and "as-available" basis. We make no guarantees regarding the availability, reliability, accuracy, completeness, or quality of the Platform or any of its features.

4.4. We reserve the right to modify, suspend, discontinue, or terminate the Platform or any feature thereof at any time, with or without notice, for any reason, in our sole and absolute discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

5. HIPAA Non-Compliance

5.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EAGLEBRIDGE IS NOT A COVERED ENTITY OR BUSINESS ASSOCIATE UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT ("HITECH ACT"), OR ANY IMPLEMENTING REGULATIONS (COLLECTIVELY, "HIPAA REGULATIONS").

5.2. THE PLATFORM DOES NOT COMPLY WITH THE HIPAA PRIVACY RULE, THE HIPAA SECURITY RULE, THE HIPAA BREACH NOTIFICATION RULE, OR ANY OTHER PROVISION OF HIPAA REGULATIONS. THE PLATFORM DOES NOT IMPLEMENT HIPAA-REQUIRED ADMINISTRATIVE, PHYSICAL, OR TECHNICAL SAFEGUARDS.

5.3. THE PLATFORM DOES NOT COMPLY WITH ANY STATE HEALTH PRIVACY LAWS, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA CONFIDENTIALITY OF MEDICAL INFORMATION ACT, THE NEW YORK SHIELD ACT, OR ANY OTHER STATE-LEVEL HEALTH INFORMATION PRIVACY STATUTE.

5.4. ANY HEALTH INFORMATION, MEDICAL HISTORY, SURGICAL DETAILS, CONDITION DESCRIPTIONS, RECOVERY STATUS, TREATMENT INFORMATION, OR ANY OTHER HEALTH-RELATED INFORMATION YOU PROVIDE THROUGH THE PLATFORM IS NOT PROTECTED HEALTH INFORMATION ("PHI") AS DEFINED UNDER HIPAA AND DOES NOT RECEIVE ANY PROTECTIONS AFFORDED BY HIPAA OR SIMILAR LAWS.

5.5. WE DO NOT ENTER INTO BUSINESS ASSOCIATE AGREEMENTS ("BAAs"). NO AGREEMENT BETWEEN YOU AND EAGLEBRIDGE SHALL BE CONSTRUED AS A BAA.

5.6. BY USING THE PLATFORM, YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHTS, CLAIMS, AND CAUSES OF ACTION YOU MAY HAVE AGAINST EAGLEBRIDGE ARISING FROM OR RELATED TO THE NON-COMPLIANCE OF THE PLATFORM WITH HIPAA, HITECH, OR ANY HEALTHCARE PRIVACY REGULATION.

5.7. YOU SHOULD NOT PROVIDE ANY INFORMATION THROUGH THE PLATFORM THAT YOU WOULD NOT BE COMFORTABLE BEING DISCLOSED TO THIRD PARTIES OR MADE PUBLICLY AVAILABLE. YOU PROVIDE ALL HEALTH-RELATED INFORMATION ENTIRELY AT YOUR OWN RISK.

6. Not Medical Advice

6.1. EAGLEBRIDGE IS NOT A HEALTHCARE PROVIDER, MEDICAL DEVICE, MEDICAL PRACTICE, HOSPITAL, CLINIC, PHARMACY, HEALTH PLAN, OR ANY OTHER TYPE OF HEALTHCARE ENTITY. THE PLATFORM DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSES, TREATMENT RECOMMENDATIONS, PRESCRIPTIONS, REFERRALS, OR ANY OTHER FORM OF HEALTHCARE SERVICE.

6.2. NO PHYSICIAN-PATIENT, THERAPIST-PATIENT, COUNSELOR-CLIENT, OR ANY OTHER HEALTHCARE PROVIDER-PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE PLATFORM.

6.3. Information shared by other users, including information about conditions, surgeries, treatments, medications, and recovery experiences, is peer-provided and should NOT be relied upon as medical advice. Individual outcomes vary, and another user's experience is not predictive of your own.

6.4. Always consult a qualified, licensed healthcare provider before making any medical decisions. Never disregard professional medical advice or delay seeking treatment because of information received through the Platform.

6.5. EagleBridge does not endorse, recommend, or verify the accuracy of any information, opinion, advice, or statement made by any user. We are not responsible for any health outcome, medical decision, or treatment choice made based on information received through the Platform.

6.6. IN CASE OF A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (SUCH AS 911 IN THE UNITED STATES) IMMEDIATELY. DO NOT USE THE PLATFORM TO SEEK EMERGENCY MEDICAL ASSISTANCE.

7. User Accounts

7.1. To use certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

7.2. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

7.3. You may not create more than one account, use another person's account, or transfer your account to another person without our prior written consent.

7.4. We reserve the right to suspend, disable, or terminate your account at any time, for any reason, in our sole and absolute discretion, with or without notice. Reasons for account termination may include, but are not limited to, violation of these Terms, suspected fraudulent or illegal activity, or any conduct we deem harmful to the Platform or other users.

7.5. Upon termination of your account, your right to use the Platform will immediately cease. However, these Terms (including all limitations of liability, disclaimers, data rights, and dispute resolution provisions) shall survive termination.

8. User Conduct and Responsibilities

8.1. You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and all content you submit, post, or display on or through the Platform.

8.2. You agree to treat other users with respect and civility. Peer-to-peer interactions are meant to provide emotional support and shared experience, not medical guidance.

8.3. You acknowledge that EagleBridge does not screen, verify, or validate the identities, credentials, medical histories, or claims of any users. You interact with other users at your own risk.

8.4. You are solely responsible for evaluating the accuracy, completeness, and usefulness of any information, opinion, or advice provided by other users. You should independently verify any health-related information before acting on it.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Providing medical advice, diagnoses, treatment recommendations, or presenting yourself as a licensed healthcare provider unless you are one and clearly disclose such status
• Harassing, bullying, threatening, intimidating, stalking, or abusing any other user
• Posting or transmitting content that is defamatory, obscene, pornographic, hateful, discriminatory, violent, or otherwise objectionable
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity
• Providing false, misleading, or inaccurate information about your identity, medical condition, or any other matter
• Soliciting personal information from other users, including financial information, social security numbers, or login credentials
• Using the Platform for any commercial purpose, including advertising, marketing, or solicitation, without our prior written consent
• Selling, reselling, or commercially exploiting access to the Platform
• Attempting to gain unauthorized access to the Platform, other user accounts, or computer systems or networks connected to the Platform
• Using any automated means, including bots, scrapers, crawlers, or spiders, to access or interact with the Platform
• Interfering with or disrupting the Platform, servers, or networks connected to the Platform
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Platform
• Circumventing, disabling, or interfering with any security features of the Platform
• Uploading or transmitting viruses, malware, or other harmful code
• Using the Platform in violation of any applicable law or regulation
• Encouraging or facilitating any other person to engage in any prohibited activity

10. User Content and Data

10.1. You retain whatever ownership rights you have in User Content you submit to the Platform, subject to the broad license you grant to us as described in Section 11.

10.2. You are solely responsible for your User Content. You represent and warrant that: (a) you own or have the necessary rights to use and authorize us to use your User Content; (b) your User Content does not infringe any third party's rights; and (c) your User Content complies with all applicable laws and these Terms.

10.3. You should have NO expectation of privacy or confidentiality with respect to any content or information you submit through the Platform. All User Content may be viewed, accessed, copied, stored, processed, and shared as described in these Terms and our Privacy Policy.

10.4. We are not responsible for the loss, corruption, or destruction of any User Content. You are solely responsible for maintaining backup copies of your User Content.

11. Data Collection and Usage Rights

11.1. By using the Platform, you grant EagleBridge a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers of sublicensees), non-exclusive license to use, reproduce, modify, adapt, create derivative works from, distribute, publicly display, publicly perform, transmit, broadcast, sell, license, sublicense, commercialize, and otherwise exploit ALL data, content, and information you provide through the Platform ("Platform Data"), in any form, medium, or technology now known or hereafter developed, for any purpose whatsoever, without any obligation, compensation, or attribution to you.

11.2. This license includes, without limitation, the right to use your health information, medical history, condition details, recovery information, communications, profile data, usage data, and all other Platform Data for: (a) operating and improving the Platform; (b) research, analytics, and machine learning; (c) creating and selling data products and insights; (d) advertising and marketing; (e) clinical research and outcomes studies; (f) investor presentations and fundraising; and (g) any other purpose.

11.3. We collect ALL data and information you provide, as well as all data generated by your use of the Platform. Our complete data collection practices are described in our Privacy Policy. By using the Platform, you consent to the collection, use, storage, processing, sharing, and disclosure of ALL such data as described in these Terms and our Privacy Policy.

11.4. We reserve the right to use your data for ANY purpose, without limitation, restriction, or obligation to you. There are NO bounds on how we may use your data, except as strictly required by applicable law that cannot be waived by agreement.

11.5. This license survives the termination of your account and these Terms. Even after you delete your account, we retain the right to continue using all data previously collected from you, indefinitely.

11.6. You acknowledge that we may share your data with any third party, for any purpose, as described in our Privacy Policy. You consent to such sharing.

12. Intellectual Property

12.1. The Platform, including all content, features, functionality, software, code, designs, logos, trademarks, service marks, trade names, graphics, user interfaces, and all other Intellectual Property, is owned by EagleBridge or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

12.2. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial use, subject to these Terms. This license does not include the right to: (a) modify, copy, or create derivative works of the Platform; (b) sell, resell, license, sublicense, or distribute the Platform; (c) reverse engineer, decompile, or disassemble the Platform; or (d) use the Platform for any commercial purpose without our prior written consent.

12.3. "EagleBridge," the EagleBridge logo, and all related names, logos, product and service names, designs, and slogans are trademarks of EagleBridge Inc. You may not use such marks without our prior written permission.

12.4. All right, title, and interest in and to any data, analytics, models, algorithms, insights, reports, and other materials we create using Platform Data shall belong exclusively to EagleBridge.

13. Peer-to-Peer Interactions

13.1. EagleBridge facilitates connections between peers but is not a party to and assumes no responsibility for any interaction, communication, or relationship between users.

13.2. We do NOT verify the identity, background, medical history, credentials, or claims of any user. We do NOT conduct background checks, identity verification, medical credential verification, or any other form of screening.

13.3. You interact with other users entirely at your own risk. We are not responsible for any injury, harm, damage, loss, or liability arising from your interactions with other users, whether online or offline.

13.4. We do NOT guarantee the quality, accuracy, safety, or appropriateness of any peer match or connection. Matching is provided as a convenience and does not constitute an endorsement, recommendation, or guarantee of any user.

13.5. You should exercise caution and good judgment in all interactions with other users. Do not share sensitive personal information (such as financial information, home address, or social security number) with other users. Do not meet other users in person unless you take appropriate safety precautions.

14. Video Calls and Communications

14.1. The Platform may provide video calling, audio calling, messaging, and other communication features. These features are provided for peer support purposes only.

14.2. ALL communications made through the Platform, including video calls, audio calls, text messages, and chat messages, may be monitored, recorded, stored, analyzed, and used by EagleBridge for any purpose, including but not limited to quality assurance, safety monitoring, research, training, legal compliance, and business purposes.

14.3. By using the communication features of the Platform, you consent to the monitoring, recording, storage, analysis, and use of all your communications. You represent that you have the authority to consent on behalf of all participants in your communications.

14.4. We are not responsible for the quality, reliability, or availability of video calls or other communication features. Calls may be dropped, delayed, or experience technical difficulties. We are not liable for any damages arising from communication failures.

14.5. You acknowledge that other users may record, screenshot, or capture your communications without your knowledge or consent. We are not responsible for any recording by other users.

15. Clinical Trials Integration

15.1. The Platform may display information about clinical trials and research studies from third-party sources, including ClinicalTrials.gov and other databases. This information is provided for informational purposes only.

15.2. We do NOT verify the accuracy, completeness, currency, or reliability of clinical trial information displayed on the Platform. Clinical trial information may be outdated, incomplete, or inaccurate.

15.3. The display of clinical trial information does NOT constitute a recommendation, endorsement, or referral to participate in any clinical trial. You should consult with your healthcare provider before considering participation in any clinical trial.

15.4. We are not responsible for any harm, injury, adverse event, or negative outcome arising from your participation in any clinical trial you learn about through the Platform.

16. Security and Data Protection Limitations

16.1. THE PLATFORM DOES NOT IMPLEMENT ENTERPRISE-GRADE SECURITY MEASURES. Specifically, the Platform does NOT provide: HIPAA-compliant encryption, role-based access controls, comprehensive audit trails, regular penetration testing, SOC 2 compliance, ISO 27001 certification, data loss prevention, intrusion detection systems, or any other security certification or standard.

16.2. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SECURITY OF THE PLATFORM OR YOUR DATA. The Platform may contain security vulnerabilities, bugs, and defects that could result in unauthorized access to your data.

16.3. You acknowledge that the Platform is in an early stage of development and may not have undergone comprehensive security testing or review.

16.4. YOU USE THE PLATFORM AND PROVIDE DATA AT YOUR OWN RISK. DO NOT PROVIDE ANY INFORMATION YOU CONSIDER SENSITIVE, CONFIDENTIAL, OR THAT YOU WOULD NOT BE COMFORTABLE BEING PUBLICLY DISCLOSED.

17. Disclaimers and Warranty Exclusions

17.1. THE PLATFORM IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

17.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EAGLEBRIDGE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (C) WARRANTIES OF ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION OR CONTENT; (D) WARRANTIES OF SECURITY, CONFIDENTIALITY, OR DATA PROTECTION; (E) WARRANTIES OF UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE OPERATION; AND (F) WARRANTIES OF SUITABILITY FOR ANY MEDICAL, CLINICAL, OR THERAPEUTIC PURPOSE.

17.3. WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (D) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) THE RESULTS OF USING THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (F) THE QUALITY OF ANY INFORMATION, CONTENT, OR SERVICES WILL MEET YOUR EXPECTATIONS.

17.4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EAGLEBRIDGE, ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

18. Limitation of Liability

18.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EAGLEBRIDGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "EAGLEBRIDGE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR: LOSS OF PROFITS, REVENUE, OR BUSINESS; LOSS OF DATA OR DATA BREACH; LOSS OF GOODWILL; PERSONAL INJURY OR EMOTIONAL DISTRESS; MEDICAL HARM OR ADVERSE HEALTH OUTCOMES; PRIVACY VIOLATIONS; IDENTITY THEFT; UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR INFORMATION; OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE EAGLEBRIDGE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO EAGLEBRIDGE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

18.3. WITHOUT LIMITING THE FOREGOING, THE EAGLEBRIDGE PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (A) YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE PLATFORM, INCLUDING HEALTH-RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR DATA; (C) DATA BREACHES, SECURITY INCIDENTS, OR HACKING; (D) THE ACTIONS, OMISSIONS, OR CONTENT OF OTHER USERS; (E) TECHNICAL MALFUNCTIONS, INTERRUPTIONS, OR ERRORS; (F) YOUR INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR OFFLINE; (G) YOUR DECISION TO PARTICIPATE OR NOT PARTICIPATE IN ANY CLINICAL TRIAL; OR (H) ANY MEDICAL DECISION, TREATMENT CHOICE, OR HEALTH OUTCOME INFLUENCED BY YOUR USE OF THE PLATFORM.

18.4. THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

19. Indemnification

19.1. You agree to indemnify, defend, and hold harmless the EagleBridge Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) arising out of or in connection with:

• Your use of or access to the Platform
• Your violation of these Terms or any applicable law, regulation, or third-party right
• Any User Content you submit, post, or transmit through the Platform
• Your interactions with other users, whether online or offline
• Any health information or personal information you provide through the Platform
• Any medical decision, treatment choice, or health outcome related to your use of the Platform
• Any claim by a third party arising from your use of the Platform
• Any dispute between you and any other user or third party
• Your negligence, willful misconduct, or violation of any law
• Any breach of your representations and warranties under these Terms

19.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of any such claim.

20. Assumption of Risk

20.1. YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO:

• The risk that your health information or personal information may be disclosed, accessed, stolen, or used by unauthorized parties
• The risk that your data may be lost, corrupted, destroyed, or permanently unavailable
• The risk that your communications with other users may be intercepted, recorded, or monitored
• The risk that information shared by other users may be inaccurate, misleading, harmful, or deliberately false
• The risk of emotional distress, psychological harm, or re-traumatization from discussing medical conditions with peers
• The risk that peer advice may conflict with or undermine professional medical advice
• The risk of identity theft or fraud resulting from disclosure of personal information
• The risk that the Platform may malfunction, be unavailable, or produce errors
• The risk that clinical trial information may be outdated, incomplete, or inaccurate
• Any other risk associated with using a technology platform to discuss health-related topics with strangers

20.2. You acknowledge that the Platform is in an early stage of development and may contain bugs, errors, defects, and security vulnerabilities. You accept the Platform in its current state and assume all risks associated with using an early-stage platform that handles health-related information without HIPAA compliance or enterprise-grade security.

21. Release of Claims

21.1. To the maximum extent permitted by applicable law, you hereby release, discharge, and hold harmless the EagleBridge Parties from any and all claims, demands, damages, losses, liabilities, costs, and expenses of any kind, whether known or unknown, arising out of or in connection with: (a) your use of the Platform; (b) disputes between you and other users; (c) the actions or inactions of other users; (d) data breaches or security incidents; (e) any medical decision or health outcome; and (f) any other matter relating to the Platform.

21.2. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

22. Termination

22.1. We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

22.2. You may terminate your account at any time by contacting us. However, termination of your account does not terminate our rights to your data as described in Section 11 and our Privacy Policy.

22.3. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: data rights and licenses (Section 11), intellectual property (Section 12), disclaimers (Section 17), limitation of liability (Section 18), indemnification (Section 19), assumption of risk (Section 20), release of claims (Section 21), dispute resolution (Section 23), class action waiver (Section 24), and governing law (Section 25).

22.4. We may retain and continue to use all data collected from you prior to termination, as described in our Privacy Policy, for any purpose and indefinitely.

23. Dispute Resolution and Binding Arbitration

23.1. Agreement to Arbitrate. You and EagleBridge agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with EagleBridge (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement of intellectual property rights.

23.2. Arbitration Rules. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA Rules are available at www.adr.org.

23.3. Arbitration Process. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules. The arbitration shall take place in the Commonwealth of Massachusetts, or at another mutually agreed location. The language of the arbitration shall be English. The arbitrator shall apply Massachusetts law consistent with the Federal Arbitration Act.

23.4. Arbitrator Authority. The arbitrator shall have exclusive authority to resolve all Disputes, including the scope, enforceability, and arbitrability of this arbitration agreement. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.

23.5. Arbitration Decision. The arbitrator's decision shall be final and binding on all parties. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

23.6. Costs. Each party shall bear its own costs and attorneys' fees incurred in connection with the arbitration, unless the arbitrator determines that a party's claim was frivolous, in which case the arbitrator may award costs and fees to the prevailing party.

23.7. Opt-Out. You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to privacy@eaglebridge.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

24. Class Action Waiver

24.1. YOU AND EAGLEBRIDGE 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, MULTI-PARTY, OR REPRESENTATIVE ACTION OR PROCEEDING.

24.2. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING AGAINST EAGLEBRIDGE.

24.3. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in Section 23 shall be null and void, and the dispute shall be decided by a court of competent jurisdiction in the Commonwealth of Massachusetts.

25. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. To the extent that litigation is permitted under these Terms, you and EagleBridge consent to the exclusive jurisdiction and venue of the state and federal courts located in the Commonwealth of Massachusetts.

26. Force Majeure

EagleBridge shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet or telecommunications failures, cyberattacks, or any other event beyond our reasonable control.

27. Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign, transfer, or delegate these Terms and any of our rights or obligations hereunder, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this Section shall be null and void.

28. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and EagleBridge with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, representations, and understandings, whether oral or written, between you and EagleBridge.

29. Waiver

The failure of EagleBridge to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of EagleBridge. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

30. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent.

31. Changes to Terms

31.1. We reserve the right to modify, amend, update, or replace these Terms at any time, in our sole and absolute discretion. Changes will be effective immediately upon posting on the Platform or our website.

31.2. We may, but are not obligated to, notify you of material changes via email, in-app notification, or other means. It is your sole responsibility to review these Terms periodically.

31.3. Your continued use of the Platform after any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and delete your account.

32. Contact Information

If you have any questions about these Terms of Service, please contact us at: