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Terms of Service

Last Updated: September 11, 2026

Welcome, and thank you for your interest in Newfound Medical, Inc. (“ Newfound Medical ,” “ we ,” or “ us ”) and our website at www.newfoundmed.com, along with our related websites, and other services provided by us (collectively, the “ Service ”). These Terms of Service are a legally binding contract between you and Newfound Medical regarding your use of the Service.

Newfound Medical is affiliated with medical professional entities and their affiliated medical service providers (the professional entities collectively, the “ Practices ”). Newfound Medical provides management, administrative, technology services and other certain non-medical services to the Practices. The Practices provide Medical Services. Newfound Medical’s Medical Terms of Service (the “ Medical Terms ”) govern the provision by the Practices of, and your access to and use of, the Medical Services. Please read the Medical Terms carefully before accessing or using the Medical Services.] Capitalized terms used but not defined in these Terms have the meanings given to them in the Medical Terms. In the event of a conflict between these Terms and the Medical Terms of Service with respect to the Medical Services, the Medical Terms of Service will control; in all other respects, these Terms will control.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING NEWFOUND MEDICAL’S PRIVACY POLICY (TOGETHER, THESE “ TERMS ”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND NEWFOUND MEDICAL’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY NEWFOUND MEDICAL AND BY YOU TO BE BOUND BY THESE TERMS.

YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF NEWFOUND MEDICAL AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE OPERATIONAL PHONE CALLS TO USE THE SERVICE. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND NEWFOUND MEDICAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

  1. Newfound Medical Service Overview. Newfound Medical is a telehealth specialty company that provides services and technology focused on improving patient care by providing access to support and care, connecting you to third-party medical professionals that provide healthcare services independent of the Service.
  2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
  3. Accounts and Registration. To access certain features of the Service, you must register for an account or login with supported third-party identity provider accounts (e.g., Google). When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, date of birth, phone number, complaint, appointment information, location and other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You acknowledge and agree that your use of your account information may also subject to the terms of service and privacy policies of the applicable third-party integration. Newfound Medical makes no representations or warranties about the security or privacy practices of any third-party identity providers. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at help@newfoundmed.com.
  4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.
    1. Price. Newfound Medical reserves the right to determine pricing for the Service. Newfound Medical will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Newfound Medical may change the fees for any feature of the Service, including additional fees or charges, if Newfound Medical gives you advance notice of changes before they apply. Newfound Medical, at its sole discretion, may make promotional offers with different features and different pricing to any of Newfound Medical’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
    2. Authorization. You authorize Newfound Medical to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Newfound Medical, including all applicable taxes, to the payment method specified in your account.
    3. Payment Processing. Newfound Medical may contract with a third party to process any payments submitted for or through our Service (“ Payment Processor ”). By purchasing the Service and making payments, (a) you agree to be bound by the terms and conditions and privacy policies of the applicable Payment Processor; and (b) you authorize us to share any of your information with the Payment Processor in order to process your payment. Newfound Medical may use Stripe, Inc. (“ Stripe ”) as our Payment Processor (https://stripe.com). In that case, Stripe will collect, use, and process your information, including payment information, in accordance with Stripe’s privacy policy (which may be accessed at https://stripe.com/privacy), and Stripe’s terms of service (which may be accessed at https://stripe.com/legal/consumer). To the fullest extent permitted by applicable law, Newfound Medical shall not be liable for any errors, omissions, or security breaches related to the Payment Processor’s services. Any disputes related to payment processing should be addressed directly with the Payment Processor in accordance with their terms of service.
    4. Financial Responsibility; Insurance Authorization. You are financially responsible for all fees and charges for services provided to you, including consultations and any labs, imaging, prescriptions, devices, or other items ordered on your behalf. If you provide insurance information, you authorize Newfound Medical (and, as applicable, its affiliated professional entities, healthcare providers, and their billing and payment-processing vendors) to submit claims to your health insurer or health plan for covered services and to release information, including health and billing information, as reasonably necessary to obtain payment, process claims, administer benefits, or otherwise support related healthcare operations. You acknowledge and agree that you are financially responsible for all amounts not paid by your insurer or health plan, including deductibles, copayments, coinsurance, and non-covered items and services.
    5. Third-Party Fulfillment; Labs, Pharmacies, and Device Vendors. To the extent your provider orders laboratory tests, imaging, prescriptions, medications, devices, or other items or services on your behalf, you authorize Newfound Medical to transmit the applicable orders, prescriptions, and information to third-party providers. Any such providers are independent third parties that are not owned or controlled by Newfound Medical. To the fullest extent permitted by applicable law, Newfound Medical is not responsible or liable for the acts, omissions, products, services, pricing, availability, or fulfillment of any such third party, and any warranties with respect to products or services provided by such third parties are provided solely by the applicable third party. Your use of any product or service provided by a third-party provider may be subject to separate terms and conditions and privacy practices.
  5. Licenses
    1. Limited License. Subject to your complete and ongoing compliance with these Terms, Newfound Medical grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; make modifications to the Service; or interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
    3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“ Feedback ”), then you hereby grant Newfound Medical an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
  6. Data
    1. Input; Output. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise make available (“ Submit ”) content to the Service, (including via third-party platforms) prompts, data, files, information, code, materials, messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, text, medical information or any other works of authorship or other works (collectively “ Input ”). You retain any copyright and other proprietary rights that you may hold in the Input that you Submit to the Service, subject to the licenses granted in these Terms. As part of the Service, the Service may generate results, documents, materials, suggestions, and other output based on your Input (“ Output ”). As between you and Newfound Medical, Newfound Medical hereby assigns to you all right, title, and interest in and to the Output. The Input and Output are collectively “ Customer Data .”
    2. Limited License Grant to Newfound Medical. By Submitting Input to or via the Service, you grant Newfound Medical a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, use, copy, publicly display, publicly perform (including by means of a digital audio transmission), reproduce, modify, create derivative works as authorized in these Terms, and distribute your Customer Data, in whole or in part, only as necessary to: (a) provide the Service; (b) derive or generate information produced from the use of the Service, which data does not identify you or any other natural human persons, such as technical logs, data, and learnings about your use of the Service, but excluding any identifiable Customer Data (collectively, “ Usage Data ”); (c) create and compile Customer Data that has been deidentified or aggregated with other data such that the resulting data no longer reasonably identifies you or a specific individual (collectively, “ Aggregated Data ”); and (d) as otherwise required by applicable laws or regulations or as agreed to in writing between the parties.
    3. Usage Data; Aggregated Data. Newfound Medical may collect, access, use, disclose, transfer, transmit, store, or otherwise process (“ Process ”) Usage Data and Aggregated Data for any legally permitted purpose, such as to: (a) track use of Service for billing purposes; (b) provide support for Service; (c) monitor the performance and stability of the Service; (d) prevent or address technical issues with the Service; (e) develop new products and services; (f) to improve Service and its other products and services, including the algorithms, models, and other content available on or through the Service; and (g) for all other lawful business practices, such as analytics, benchmarking, and reports. You will not interfere with the collection of Usage Data.
    4. Service Improvement. You acknowledge and agree that by using the Service, Newfound Medical may use Customer Data for the purpose of training and improving the Service. You hereby grant Newfound Medical a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from Customer Data for the purpose of training and improving Newfound Medical’s artificial intelligence (“ AI ”) models and algorithms. You understand and agree that Newfound Medical may process and incorporate Customer Data into its AI training datasets. [Newfound Medical will use commercially reasonable efforts to anonymize or de-identify Customer Data used for AI training where feasible and appropriate but does not guarantee complete anonymization.] [To the extent required by applicable law, we will obtain your authorization for our use of Customer Data as described in this section 6.4.]
    5. You Must Have Rights to the Inputs You Submit; Input Representations and Warranties. You must not Submit Input if you are not the owner of or are not fully authorized to grant rights in all of the elements of that Input. Newfound Medical disclaims any and all liability in connection with Input. You are solely responsible for your Input and the consequences of providing Input via the Service. By providing Input via the Service, you affirm, represent, and warrant to us that:
      1. you are the creator and owner of the Input, or have the necessary licenses, rights, consents, and permissions to authorize Newfound Medical to use and distribute your Input as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Newfound Medical, the Service, and these Terms; and
      2. your Input, and the Submitting or other use of your Input as contemplated by these Terms, does not and will not: infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or cause Newfound Medical to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties.
    6. Specific Rules for Photographs and Images. If you Submit a photograph, image, or video to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to reproduce and distribute that photograph for personal use and through any online platform or service, including the Service, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
    7. Input Disclaimer. We are under no obligation to edit or control Input that you or other users Submit and will not be in any way responsible or liable for Input. Newfound Medical may, however, at any time and without prior notice, screen, remove, edit, or block any Input that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Newfound Medical with respect to Input. For clarity, Newfound Medical does not permit infringing activities on the Service.
    8. Monitoring Content. Newfound Medical does not control and does not have any obligation to monitor: Input; any content made available by third parties; or the use of the Service by its users. You acknowledge and agree that Newfound Medical reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Newfound Medical chooses to monitor the content, then Newfound Medical still assumes no responsibility or liability for any content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Newfound Medical may block, filter, mute, remove, or disable access to any Input uploaded to or transmitted through the Service without any liability to the user who Submitted such Input to the Service or to any other users of the Service.
  7. Ownership; Proprietary Rights. The Service is owned and operated by Newfound Medical. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Newfound Medical (“ Materials ”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Newfound Medical or its third-party licensors. Except as expressly authorized by Newfound Medical, you may not make use of the Materials. There are no implied licenses in these Terms and Newfound Medical reserves all rights to the Materials not granted expressly in these Terms.
  8. Third-Party Terms
    1. Third-Party Services and Linked Websites. Newfound Medical may provide tools through the Service that enable you to export information, including Customer Data, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Google Single Sign-On. By using one of these tools, you hereby authorize Newfound Medical to transfer that information to the applicable third-party service. Third-party services are not under Newfound Medical’s control, and, to the fullest extent permitted by law, Newfound Medical is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Newfound Medical’s control, and Newfound Medical is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any Customer Data or information with such third-party services. Once sharing occurs, Newfound Medical will have no control over the information that has been shared.
    2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“ Third-Party Components ”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
  9. Communications
    1. Secure Messages. The Service may offer a secure messaging feature that allows you to send and receive messages to and from Newfound Medical's clinical, operational, and IT support teams (“Secure Messages”). Secure Messages are intended for non-urgent communications only and are not a substitute for emergency medical care. Newfound Medical will use commercially reasonable efforts to respond to Secure Messages within the timeframes set forth in its then-current policies. Secure Messages may be reviewed by authorized Newfound Medical personnel for purposes of providing support, ensuring quality of care, and complying with applicable law.
    2. Text Messaging & Phone Calls. You agree that Newfound Medical and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM NEWFOUND MEDICAL, YOU CAN EMAIL HELP@NEWFOUNDMED.COM, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive calls and texts is not a condition of any purchase on or use of the Service.
    3. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
  10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
    3. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    4. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Newfound Medical;
    5. interfere with security-related features of the Service, including by: disabling or circumventing features that prevent or limit use, printing, or copying of any content; or reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    6. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; making any unsolicited offer or advertisement to another user of the Service; collecting personal information about another user or third party without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age, date of birth, or medical information;
    8. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
    9. attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).
  11. Artificial Intelligence Technology. You acknowledge and agree that the Service may use large language models and other generative AI models and tools to provide the Service. The Output may be generated through machine learning processes and is not tested, verified, endorsed, or guaranteed to be accurate, complete, or current by Newfound Medical. You acknowledge that due to the nature of the Service and artificial intelligence technologies generally, the Output may not be unique and other users of the Service may receive output from the Service that is similar or identical to the Output. You should independently review and verify all Output as to appropriateness for any or all of your use cases or applications. You acknowledge and agree that: (a) the Service may produce inaccurate, incomplete, misleading, or erroneous Output; (b) it is your sole responsibility to verify the accuracy of any information obtained from the Service; and (c) you are responsible for your own reliance on the Output.
  12. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
  13. Term, Termination, and Modification of the Service
    1. Term. These Terms are effective beginning when you accept the Terms or first access, or use the Service, and ending when terminated as described in Section 13.2 (Termination).
    2. Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Newfound Medical may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at help@newfoundmed.com.
    3. Effect of Termination. Upon termination of these Terms, unless in conflict with applicable law: your license rights will terminate and you must immediately cease all use of the Service; you will no longer be authorized to access your account or the Service; you must pay Newfound Medical any unpaid amount that was due prior to termination; and all payment obligations accrued prior to termination and Sections 5.3 (Feedback), 6.3 (Usage Data; Aggregated Data), 6.4 (Service Improvement), 7 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Newfound Medical), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any Input you Submit to the Service since upon termination of your account, you may lose access rights to any Input you Submitted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification. Because the Medical Services are accessed and delivered through the Service, termination of these Terms or your account for any reason will also immediately terminate your access to the Medical Services, and the Medical Terms of Service will terminate concurrently with these Terms, except that any provisions of the Medical Terms of Service that by their terms survive termination will continue to apply in accordance with their terms.
    4. Modification of the Service. Newfound Medical reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Newfound Medical will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any Input you Submit to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to Input you Submitted to the Service.
  14. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Newfound Medical, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “ Newfound Medical Entities ”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  15. Disclaimers; No Warranties by Newfound Medical
    1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEWFOUND MEDICAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NEWFOUND MEDICAL DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NEWFOUND MEDICAL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR NEWFOUND MEDICAL ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE NEWFOUND MEDICAL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING CUSTOMER DATA.
    3. THE SERVICE USES ARTIFICIAL INTELLIGENCE POWERED FEATURES SUCH AS GENERATIVE ARTIFICIAL INTELLIGENCE POWERED CHATS AND DATA ANALYSIS. YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE, THE OUTPUT MAY CONTAIN INACCURACIES, ERRORS, OR OMISSIONS. ANY OUTPUT PROVIDED THROUGH THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD ALWAYS EXERCISE YOUR INDEPENDENT JUDGMENT WHEN DETERMINING WHETHER THE OUTPUT IS APPROPRIATE FOR YOUR PARTICULAR USE CASE. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER TO USE THE OUTPUT GENERATED FROM THE SERVICE. NEWFOUND MEDICAL WILL NOT BE LIABLE FOR ANY MISTAKES, INACCURACIES, OR OMISSIONS IN THE INSIGHTS OR YOUR RELIANCE ON THE OUTPUT.
    4. WITHOUT LIMITING ANY OTHER TERMS IN THIS SECTION 15 OR ELSEWHERE IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT NEWFOUND MEDICAL DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICE OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SERVICE OR OTHERWISE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. NEWFOUND MEDICAL IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER THIRD-PARTY INFORMATION, SERVICE, PRODUCT, OR SERVICE THAT YOU ACCESS THROUGH THE SERVICE. THE INCLUSION OR MENTION OF ANY HEALTHCARE PROVIDER ON THE SERVICE WILL NOT BE CONSIDERED AS AN ENDORSEMENT OF SUCH HEALTHCARE PROVIDER BY NEWFOUND MEDICAL AND WILL NOT IN ANY WAY MEAN THAT NEWFOUND MEDICAL HAS CONDUCTED ANY DUE DILIGENCE OR OTHER INVESTIGATION REGARDING THE HEALTHCARE PROVIDER.
    5. NEWFOUND MEDICAL IS NOT A HEALTHCARE PROVIDER. NEWFOUND MEDICAL DOES NOT VERIFY OR REVIEW ANY INFORMATION OR SERVICE THAT YOU MAY RECEIVE FROM A PROVIDER OR ANY OTHER THIRD PARTY, INCLUDING ANY INFORMATION DISPLAYED ON THE SERVICE. YOUR INTERACTIONS WITH ANY PROVIDER (INCLUDING ANY CONSULTATIONS OR ANY PROVISION OF CARE OR OTHER INTERACTION OUTSIDE OF OUR SERVICE), INCLUDING WITH RESPECT TO DATA COLLECTED BY NEWFOUND MEDICAL’S PRODUCTS AND SERVICE, AND ANY OPINIONS, RECOMMENDATIONS, MATERIALS, OR INFORMATION MADE AVAILABLE TO YOU BY ANY PROVIDER, ARE SOLELY BETWEEN YOU AND THE PROVIDER. YOU AGREE THAT ANY PROVIDER YOU ENGAGE WITH WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE AND LIABLE FOR ALL CLINICAL DECISIONS AND INFORMATION, AND NEWFOUND MEDICAL WILL NEITHER HAVE NOR EXERCISE ANY CONTROL OR DISCRETION OVER THE METHODS BY WHICH ANY PROVIDER RENDERS ANY CLINICAL SERVICE OR ADVICE. NOTHING IN THESE TERMS SHOULD BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE LEGAL, ETHICAL, OR PROFESSIONAL RELATIONSHIPS BETWEEN AND AMONG YOU AND PROVIDERS, NOR DOES ANYTHING IN THESE TERMS ABROGATE ANY RIGHT, PRIVILEGE, OR OBLIGATION ARISING FROM OR RELATED TO THE PHYSICIAN-PATIENT RELATIONSHIP.
    6. NEWFOUND MEDICAL IS NOT A HEALTH INSURANCE COMPANY AND DOES NOT PROVIDE YOU WITH HEALTH INSURANCE BENEFITS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND UNDERSTANDING ANY THIRD-PARTY PLANS OR BENEFITS YOU MAY HAVE THAT PERTAIN TO HEALTHCARE. NEWFOUND MEDICAL HAS NO RESPONSIBILITY TO COORDINATE WITH YOUR EMPLOYER OR ANY THIRD PARTY IN CONNECTION WITH ANY OTHER BENEFITS OR PLANS YOU MAY HAVE THAT PERTAIN TO HEALTHCARE. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH COORDINATION.
    7. NEWFOUND MEDICAL WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, INCLUDING CLAIMS OF PROFESSIONAL MALPRACTICE, BETWEEN PROVIDERS AND YOU. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU.
    8. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES BY NEWFOUND MEDICAL) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Newfound Medical does not disclaim any warranty or other right that Newfound Medical is prohibited from disclaiming under applicable law.
  16. Limitation of Liability
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NEWFOUND MEDICAL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NEWFOUND MEDICAL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    2. EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE NEWFOUND MEDICAL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: THE AMOUNT YOU HAVE PAID TO NEWFOUND MEDICAL FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND US$100.
    3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  17. Dispute Resolution and Arbitration
    1. Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Newfound Medical agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

      YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NEWFOUND MEDICAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: bring an individual action in small claims court; pursue an enforcement action through the applicable federal, state, or local agency if that action is available; seek injunctive relief in a court of law in aid of arbitration; or to file suit in a court of law to address an intellectual property infringement claim.
    3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Newfound Medical, Inc., Attention: Legal Department – Arbitration Opt-Out, 1111 Birch Avenue, San Mateo, CA 94402, United States that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“ Opt-Out Notice ”). Once Newfound Medical receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
    4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“ AAA ”) under its Consumer Arbitration Rules (collectively, “ AAA Rules ”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Newfound Medical.
    5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“ Notice of Arbitration ”). Newfound Medical’s address for Notice is: Newfound Medical, Inc., 1111 Birch Avenue, San Mateo, CA 94402, United States. The Notice of Arbitration must: identify the name or account number of the party making the claim; describe the nature and basis of the claim or dispute; and set forth the specific relief sought (“ Demand ”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Newfound Medical may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.
    6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: solely on the basis of documents submitted to the arbitrator; through a telephonic or video hearing; or by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Newfound Medical must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
    7. Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Newfound Medical before an arbitrator was selected, Newfound Medical will pay to you the higher of: the amount awarded by the arbitrator and US$10,000. The arbitrator’s award shall be final and binding on all parties , except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator‘s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
    8. No Class Actions. YOU AND NEWFOUND MEDICAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
    9. Modifications to this Arbitration Provision. If Newfound Medical makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Newfound Medical’s address for Notice of Arbitration, in which case your account with Newfound Medical will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    10. Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Newfound Medical receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.
  18. Miscellaneous
    1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Newfound Medical regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Customer Data, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Newfound Medical submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Mateo County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
    3. Privacy Policy. Please read the Newfound Medical Privacy Policy (the “ Privacy Policy ”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Newfound Medical Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “ Additional Terms ”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    6. Contact Information. The Service is offered by Newfound Medical, Inc., located at 1111 Birch Avenue, San Mateo, CA 94402, United States. You may contact us by sending correspondence to that address or by emailing us at help@newfoundmed.com.
    7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
    8. Support. We are under no obligation to provide support or maintenance for the Service. Newfound Medical may offer support for operational, clinical, and IT concerns via phone calls, emails, and secure messaging, subject to Newfound Medical’s then published policies and hours of availability. You acknowledge that your use of, and your purchase of access to, the Service is not contingent upon the delivery of any future functionality or features, nor dependent on any oral or written statements, whether public or private, made by Newfound Medical regarding future functionality, features, or enhancements of the Service.
    9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

Version 2026-09-11