Terms of Service

Effective Date: April 2026 | Last Revised: March 18, 2026
Questions? Contact us at support@bettrai.com

These Terms of Service (“Terms”) govern your access and use of the BettrAi website, mobile application (the “BettrAi App”), and all related websites, products, and services (collectively, the “Services”). The Services are made available to you (“you”) by BettrAi, LLC and its affiliates (“BettrAi,” “us,” or “we”). Unless otherwise defined in the Privacy Policy available at https://bettrai.com/privacy-and-security-policy/, the definitions set forth in these Terms will apply as such terms are used in the Privacy Policy. With respect to the collection, use, disclosure, or storage of personally identifiable information, the Privacy Policy will control; with respect to all other matters, these Terms will control.

BY CLICKING “I HAVE READ AND AGREE” OR BY OTHERWISE ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING WITHOUT LIMITATION THE WARRANTY DISCLAIMERS, ARBITRATION PROVISIONS, WAIVER OF JURY TRIAL, WAIVER OF CLASS ACTION, INDEMNITY, AND LIMITATION ON LIABILITY PROVISIONS BELOW, AND THE PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Eligibility

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU ARE NOT MISREPRESENTING ANY INFORMATION DURING YOUR ENROLLMENT OR USE OF THE SERVICES, INCLUDING YOUR IDENTITY OR INFORMATION ABOUT YOUR HEALTH DATA OR HEALTH CARE PROVIDERS. YOU HAVE A CONTINUING OBLIGATION TO KEEP YOUR IDENTITY AND CONTACT INFORMATION UP TO DATE AND ACCURATE.

Your right to access is non-transferable. Each user must have their own login credentials, which are limited to managing their own health information within the Services.

WE DO NOT KNOWINGLY (A) COLLECT OR SOLICIT PERSONAL INFORMATION FROM ANYONE UNDER 18 YEARS OF AGE OR (B) ALLOW ANYONE UNDER 18 YEARS OF AGE TO INDEPENDENTLY REGISTER FOR THE SERVICES.

2. Modifications

WE MAY, AT ANY TIME AND FROM TIME TO TIME, MODIFY THESE TERMS AND THE MOST CURRENT VERSION WILL ALWAYS BE POSTED ON OUR WEBSITE. ANY CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. IF A REVISION, IN OUR DISCRETION, IS MATERIAL, WE WILL NOTIFY YOU. IN THE EVENT YOUR EMAIL ADDRESS IS NOT VALID OR CAPABLE OF DELIVERING NOTICE, ANY EMAIL WE SEND WILL NONETHELESS CONSTITUTE EFFECTIVE NOTICE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING ANY MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AS MODIFIED.

3. Scope of Services

3.1 Nature of Services
We are not a licensed healthcare provider, and the Services do not offer medical advice. Rather, the Services enable healthcare providers, health plans, and other healthcare entities to provide enhanced care management and related services in connection with your care. The Services should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Consult your doctor or other qualified healthcare provider if you have questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Services. We are not recommending or endorsing any specific treatment, physician, provider, or medication.

The BettrAi App may enable you to provide information to assist with medical information comprehension, advanced scientific knowledge and insights, wellness and lifestyle suggestions, and helping you formulate questions for your licensed health providers. While we strive to provide accurate and timely information, we make no representations or warranties about the completeness, accuracy, reliability, suitability, or availability of the information provided. Any reliance you place on such information is at your own risk. Call 911 or visit the nearest emergency room for all medical emergencies.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICES.

3.2 Healthcare Records Access
BettrAi may help provide you with access to your healthcare information, including without limitation:

3.2.1 Storing your healthcare records obtained directly from your physicians and healthcare providers via your authorization, confidentially in a single repository across various healthcare networks and providers. You acknowledge and agree that we do not originate, edit, or otherwise modify the healthcare records obtained from your specified providers. We enrich (such as by adding medical codes and de-duplicating information) a copy of your health records to make them easy for you to obtain, store, and share. BettrAi makes no representations as to the accuracy, timeliness, or completeness of records obtained from your providers and does not assume responsibility for non-delivery of requested records.
3.2.2 Assisting your doctors, providers, or pharmacies with having up-to-date, accurate, and summarized information about you and your medical history so that they can better provide clinical diagnoses and treatment. BettrAi does not itself provide healthcare or clinical services and is not responsible for any provider’s acts, omissions, or communications.
3.3 Authorization Required
To use the Services, you must authorize your designated healthcare provider to share copies of your healthcare records with you through the Services. BettrAi will only obtain your healthcare information where you have authorized a connection for a specified healthcare provider to release your medical records. Each authorized connection will be valid for the length of time you specify, unless revoked by you in accordance with applicable law.

3.4–3.6 Additional Terms
BettrAi is not responsible for any fees charged by your healthcare provider for providing copies of your medical records. You must pass required identity verification protocols each time you use the Services. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services.

4. License to Use the Services

4.1 Grant of License
The Services, including all content contained therein, are owned by BettrAi or its licensors and are protected under United States and foreign laws. The Services are licensed, not sold, to you. Subject to your complete and ongoing compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your private use as an individual consumer, not for any commercial purpose. Any use other than as expressly authorized is strictly prohibited and will automatically terminate any licenses granted to you.

4.2 Modifications and Suspension
We may, from time to time, modify, discontinue, or update the Services without notice, and your right to use the Services will be limited to the then-current version. We may suspend or terminate your access to the Services: (a) immediately if you violate these Terms, engage in fraudulent or illegal activity, or pose a security risk; or (b) upon thirty (30) days’ prior notice for any other reason. Termination will include deletion of account information, subject to the data retention provisions in Section 8.

5. Your Responsibilities; Prohibited Uses

5.1 Your Responsibilities
You agree to provide only accurate and complete information in connection with the Services. You are responsible for maintaining the confidentiality and security of your account credentials and may not share them with any other person. You are fully responsible for all activities that occur under your account, whether authorized or unauthorized. You agree to (a) immediately notify us of any unauthorized use of your account and (b) properly exit from your account at the end of each session.

5.2 Prohibited Uses
By using the Services, you agree not to:

• Modify, decompile, or reverse engineer the Services (except as permitted by applicable law)
• Use the Services in a way that abuses or disrupts our networks, accounts, or the Services
• Transmit harassing, obscene, fraudulent, or unlawful material through the Services
• Market, sell, or resell the Services to any third party or otherwise commercially exploit the Services
• Use the Services in violation of applicable laws, regulations, or ordinances
• Send unauthorized advertising or spam content through the Services
• Harvest, collect, or gather data of other users
• Circumvent, disable, or interfere with security-related features of the Services
• Transmit material that infringes intellectual property, privacy, or other rights of third parties
• Use or attempt to use another user’s account without written authorization
• Impersonate any person or entity or misrepresent your affiliation
• Copy, reproduce, or distribute any portion of the Services except as expressly permitted
• Use data mining, robots, or similar extraction methods to scrape or extract data from the Services
• Remove any proprietary rights notices or markings from the Services
• Develop or use applications that interact with the Services without our prior written consent

6. Intellectual Property

BettrAi or its licensors retain all proprietary right, title, and interest in the Services, the “BettrAi Marks” (our name, logo, and other marks), and all related intellectual property rights, including all modifications, enhancements, derivative works, and upgrades. You agree not to use or register any trademark, service mark, business name, domain name, or social media handle that incorporates the BettrAi Marks or is confusingly similar to any of them.

All materials available through the Services may be accessed, downloaded, or printed for your own personal, noncommercial use only, within the scope permitted by these Terms. No other use is permitted without BettrAi’s express written consent. The Services include material that is protected by copyright owned by BettrAi or, for licensed content, by content providers.

7. Your Content and Communications

7.1 Your Content
The Services may enable you to provide information, text, links, graphics, photos, videos, or other materials (“Your Content”). By submitting Your Content, you represent and warrant that you have all rights necessary to grant the rights described herein. Solely to enable your use of the Services, you grant us a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, copy, distribute, perform, and display Your Content and any name, username, or likeness provided in connection with Your Content, for the duration of your use of the Services and for a reasonable period thereafter as necessary to complete any pending operations. This license includes the right to make Your Content available to partner companies or organizations that enable your use of the Services. Upon termination and deletion in accordance with Section 8, this license shall terminate, except to the extent necessary to comply with legal obligations.

You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

HEALTH INFORMATION PROTECTION
Notwithstanding the foregoing, Your Content that constitutes personal data or health information remains subject to the restrictions set forth in Section 9 (Privacy) and applicable law, including HIPAA. BettrAi will not use Your Content that constitutes health information to train AI models or sell your identifiable information. See Section 9.

7.2 Content Removal
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms or if you otherwise create liability for us.

7.3 Communications Consent
If you use the Services to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and associated credentials. If you leave your mobile device unattended or if it is lost or stolen, your personal information may be accessible to others.

By providing your email address or phone number to BettrAi, you expressly consent to receive communications from us, including transactional messages, service-related notices, updates, and, where you have opted in, marketing and promotional communications.

Electronic Communications (Email). By registering for or using the Services, you consent to receive electronic communications from BettrAi at the email address you provide. You may opt out of marketing or promotional emails at any time by clicking the “unsubscribe” link in any such email or by contacting us at support@bettrai.com. We may still send non-promotional, transactional, or service-related emails even after you opt out of marketing communications.

Text/SMS Communications. By providing your mobile phone number and opting in to SMS, you expressly consent to receive text messages (including autodialed or pre-recorded messages) from BettrAi for account verification, service alerts, and, if separately opted in, promotional messages. Message and data rates may apply. You may opt out at any time by replying STOP to any text from us. For help, reply HELP or contact support@bettrai.com.

CAN-SPAM and Applicable Law Compliance. All commercial email communications from BettrAi will (a) clearly identify BettrAi as the sender; (b) include a valid physical postal address; (c) include a clear and conspicuous opt-out mechanism; and (d) honor opt-out requests within the timeframe required by applicable law, including the CAN-SPAM Act. Your consent to receive communications is not a condition of purchasing or using the Services.

7.4 Prohibited Content
You shall not create, post, store, or share any content that:

• Is unlawful, defamatory, obscene, pornographic, harassing, threatening, or fraudulent
• Would constitute, encourage, or provide instructions for a criminal offense or violate the rights of any party
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any third party
• Impersonates or misrepresents your affiliation with any person or entity
• Contains unsolicited promotions, advertising, or solicitations
• Contains private information of a third party without such third party’s consent
• Contains viruses, corrupted data, or other harmful, disruptive, or destructive files or content
• Is otherwise objectionable or restricts or inhibits any other person from using or enjoying the Services

8. Data Retention Following Termination of Access

Upon termination or discontinuation of your access to the Services, we will retain your personal data and any other information provided through the Services for a period of seven (7) years from the termination of access, to the extent necessary to comply with our legal and regulatory obligations and for the purpose of fraud monitoring, detection, and prevention.

Notwithstanding the foregoing, data retention periods may be shortened or modified as required by applicable law, healthcare regulations, or our contractual obligations to your healthcare provider or health plan. In the event of a conflict between this Section 8 and our obligations under applicable law or a Business Associate Agreement, such legal or contractual obligations shall control.

During the retention period, your data will be stored securely and may be accessed by you upon request, subject to these Terms. After expiration of the retention period, we will permanently delete or anonymize your personal data, unless required by law to retain it for a longer period. You may request deletion of your data before the end of the retention period by contacting us at support@bettrai.com. Such requests will be processed in accordance with our data deletion procedures, subject to applicable legal, regulatory, or contractual requirements.

9. Privacy

Please refer to our Privacy Policy, available at https://bettrai.com/privacy-and-security-policy/, for information about how we collect, use, and share personally identifiable information about individual users of the Services.

KEY PRIVACY COMMITMENTS
No AI Training: BettrAi will not use your personal data, health information, or Your Content to train, develop, or improve any foundation models, generalized AI models, or machine learning algorithms, except as necessary to provide and improve the Services for your individual use.

No Sale of Your Data: BettrAi will not sell, license, or otherwise monetize your identifiable information.

Healthcare Provider Data: When healthcare providers submit patient monitoring data through the Services (e.g., blood pressure, heart rate, adherence data), BettrAi processes that data solely as a Business Associate on behalf of the provider. See Section 26 and the Privacy Policy for details.

10. Feedback

If and to the extent you provide any comments, suggestions, ideas, enhancement requests, recommendations, or other feedback in connection with the Services (collectively, “Feedback”), you hereby grant us a royalty-free, irrevocable, perpetual, transferable, sublicensable license to use and incorporate such Feedback into the Services and to otherwise use such Feedback for any other reason as we see fit, without consent, obligation, or compensation to you.

HEALTH INFORMATION IN FEEDBACK
Notwithstanding the foregoing, Feedback that constitutes Protected Health Information (PHI) or personal health information shall remain subject to the restrictions set forth in Section 9 and applicable law, including HIPAA. BettrAi will not use health information contained in Feedback to train AI or machine learning models or sell your identifiable health information, consistent with Section 9.

11. Warranties; Disclaimer

11.1 Your Warranties
YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY POWER AND LEGAL AUTHORITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR AS A LEGAL GUARDIAN OF SOMEONE ELSE, AND THAT YOU OWN ALL OF THE LEGAL RIGHTS TO THE INFORMATION YOU PROVIDE AND GRANT THE RIGHTS AND LICENSES GRANTED HEREIN; AND ALL INFORMATION THAT YOU PROVIDE TO BETTRAI IS ACCURATE, COMPLETE, AND TRUE WHEN PROVIDED.

11.2 Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. BETTRAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BETTRAI MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED FROM BETTRAI SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

12. Limitation of Liability

As used in Sections 12, 13, and 14, “BettrAi Parties” means BettrAi, LLC, its subsidiaries and affiliates, and each of their respective officers, directors, agents, partners, and employees, individually and collectively.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BETTRAI AND THE OTHER BETTRAI PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF BETTRAI OR THE OTHER BETTRAI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF BETTRAI AND THE OTHER BETTRAI PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO $1,000.

THE LIMITATIONS SET FORTH IN THIS SECTION 12 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR ANY MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE BETTRAI AND THE OTHER BETTRAI PARTIES FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES. IF YOU ARE A CONSUMER WHO RESIDES IN CALIFORNIA, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542.

13. Indemnification

To the fullest extent permitted by applicable law, you hereby agree to indemnify, defend, and hold harmless the BettrAi Parties from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) Your Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation, or infringement of any rights of another; (d) any misrepresentation by you; or (e) your willful misconduct or fraud in connection with the Services. You agree to promptly notify BettrAi of any third-party Claims, cooperate with BettrAi in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). BettrAi may, at its option, assume control of the defense or settlement of any third-party Claims.

14. Dispute Resolution; Binding Arbitration

IMPORTANT — PLEASE READ CAREFULLY
This Section requires you to arbitrate certain disputes and claims with BettrAi and limits the manner in which you can seek relief. No class or representative actions are allowed. Arbitration precludes you from suing in court or having a jury trial.

14.1 No Representative Actions
YOU AND BETTRAI AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS PERSONAL TO YOU AND BETTRAI AND WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

14.2 Arbitration of Disputes
EXCEPT FOR SMALL CLAIMS DISPUTES OR DISPUTES IN WHICH YOU OR BETTRAI SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, YOU AND BETTRAI EACH WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL. FOR ANY DISPUTE AGAINST BETTRAI, YOU AGREE TO FIRST CONTACT BETTRAI AND ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY BY SENDING WRITTEN NOTICE TO SUPPORT@BETTRAI.COM OR BY CERTIFIED MAIL TO BETTRAI, LLC, ATTN: LEGAL DEPARTMENT, 306 W. 7TH STREET, SUITE 825, FORT WORTH, TEXAS 76102. THE NOTICE MUST INCLUDE YOUR NAME, ADDRESS, EMAIL, PHONE NUMBER, THE NATURE OF THE DISPUTE, AND THE SPECIFIC RELIEF SOUGHT. IF THE PARTIES CANNOT REACH AGREEMENT WITHIN THIRTY (30) DAYS, EITHER PARTY MAY SUBMIT THE DISPUTE TO BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. ARBITRATION PROCEEDINGS WILL BE HELD IN TARRANT COUNTY, TEXAS.

14.3 Federal Arbitration Act
YOU AND BETTRAI AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE AND THAT THE ENFORCEABILITY OF THIS SECTION 14 WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO MAKE ALL PROCEDURAL AND SUBSTANTIVE DECISIONS REGARDING ANY DISPUTE AND TO GRANT ANY REMEDY THAT WOULD OTHERWISE BE AVAILABLE IN COURT. THE ARBITRATOR MAY CONDUCT ONLY AN INDIVIDUAL ARBITRATION AND MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS.

14.4 Confidentiality; Discovery
THE ARBITRATION WILL ALLOW FOR THE DISCOVERY OR EXCHANGE OF NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE. THE ARBITRATOR, BETTRAI, AND YOU WILL ALL MAINTAIN THE CONFIDENTIALITY OF ALL ARBITRATION PROCEEDINGS, JUDGMENTS, AND AWARDS, UNLESS APPLICABLE LAW PROVIDES TO THE CONTRARY.

14.5 Arbitration Costs; Jurisdiction
FOR ANY ARBITRATION YOU INITIATE, YOU WILL PAY THE FILING FEE (UP TO A MAXIMUM OF $250 IF YOU ARE A CONSUMER) AND BETTRAI WILL PAY THE REMAINING JAMS FEES AND COSTS. FOR ANY ARBITRATION INITIATED BY BETTRAI, BETTRAI WILL PAY ALL JAMS FEES AND COSTS. THE STATE AND FEDERAL COURTS OF TEXAS SITTING IN TARRANT COUNTY HAVE EXCLUSIVE JURISDICTION OVER ANY APPEALS AND THE ENFORCEMENT OF AN ARBITRATION AWARD.

14.6 Limitations Period
ANY CLAIM YOU WISH TO ASSERT AGAINST BETTRAI MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION FIRST AROSE; OTHERWISE THE DISPUTE IS PERMANENTLY BARRED. THIS LIMITATIONS PERIOD SHALL NOT APPLY TO THE EXTENT IT WOULD SHORTEN ANY LONGER LIMITATIONS PERIOD REQUIRED BY APPLICABLE LAW.

14.7 Severability
IF ANY PORTION OF THIS SECTION 14 IS FOUND UNENFORCEABLE OR UNLAWFUL, (A) THE UNENFORCEABLE PROVISION SHALL BE SEVERED; (B) SEVERANCE SHALL HAVE NO IMPACT ON THE REMAINDER OF THIS SECTION 14 OR THE PARTIES’ ABILITY TO COMPEL INDIVIDUAL ARBITRATION OF ANY REMAINING CLAIMS; AND (C) TO THE EXTENT ANY CLAIMS MUST PROCEED ON A CLASS OR REPRESENTATIVE BASIS, SUCH CLAIMS MUST BE LITIGATED IN CIVIL COURT AND NOT IN ARBITRATION.

15. Governing Law and Jurisdiction

The Services are offered solely in the United States. Except to the extent preempted by United States federal law, any dispute arising from these Terms or your use of the Services will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any dispute that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas sitting in Tarrant County, Texas.

16. Class Action and Jury Trial Waiver

YOU AND BETTRAI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU AGREE THAT, BY USING THE SERVICES AND THEREBY ACCEPTING THESE TERMS, YOU AND BETTRAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

17. Compliance with Laws

You may not export or otherwise access or use the Services except as expressly authorized by United States law and the laws of the jurisdiction in which you use the Services. The Services may not be exported or re-exported into any countries subject to U.S. economic sanctions, or provided to or used by anyone on the Treasury’s lists of Foreign Sanctions Evaders or Specially Designated Nationals or the Commerce Department’s Denied Persons, Unverified, or Entity lists. You are responsible for compliance with applicable export control and economic sanctions laws when you travel internationally and access Your Content.

18. Third-Party Content

BettrAi may provide information about third-party products, services, or events, or allow third parties to make their content available through the Services (collectively, “Third-Party Content”). Your dealings with third parties and your use of Third-Party Content are solely between you and the third party. BettrAi does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of Third-Party Content is at your own sole risk.

19. Apple App Store Terms

If you are using the Services through the Apple App Store, the following additional terms apply:

19.1 These Terms are between you and BettrAi only, not with Apple. BettrAi, not Apple, is solely responsible for the Services.
19.2 Your license is limited to use on Apple-branded products you own or control, as permitted by the Apple Media Services Terms.
19.3 Apple has no obligation to furnish maintenance or support services for the Services.
19.4 In the event of a warranty failure, you may notify Apple and Apple will refund the purchase price (if any). Apple has no other warranty obligation.
19.5 BettrAi, not Apple, is responsible for addressing any claims relating to the Services or your possession or use thereof.
19.6 BettrAi, not Apple, is solely responsible for investigation, defense, settlement, and discharge of any intellectual property infringement claim.
19.7 You represent that you are not located in a region subject to a U.S. government embargo or on any U.S. government prohibited party list.
19.8 You will comply with all applicable third-party terms in connection with your use of the Services.
19.9 Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

20. Google Play Store Terms

If you are using the Services through the Google Play Store, the following additional terms apply:

20.1 These Terms are between you and BettrAi only, not with Google LLC or any of its affiliates (“Google”).
20.2 Your use of the Services must comply with Google’s then-current Google Play Developer Distribution Agreement.
20.3 Google is only a provider of the Google Play Store. BettrAi, not Google, is solely responsible for support and maintenance of the Services.
20.4 You will contact BettrAi, not Google, concerning any defects or performance issues with the BettrAi App.

21. No Waiver

Enforcement of these Terms is solely at BettrAi’s discretion. BettrAi’s failure to enforce a provision of these Terms in a given instance does not constitute a waiver of BettrAi’s right to enforce it in other instances.

22. General

If you have not signed a separate written agreement with BettrAi related to the Services, these Terms, along with the Privacy Policy, constitute the entire agreement between you and BettrAi related to the Services, replacing any prior agreements. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions remain in full force. You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. BettrAi may assign, transfer, or delegate its rights and obligations, in whole or in part, in its sole discretion. Nothing in these Terms creates an agency, partnership, or joint venture.

23. Account Termination by User

You may terminate your account and discontinue your use of the Services at any time by contacting us at support@bettrai.com or through your account settings. Upon your request for account termination, we will deactivate your account and cease providing you access to the Services. Account termination does not automatically result in deletion of your personal data; data retention following termination is governed by Section 8. If you wish to have your personal data deleted, you must submit a separate data deletion request as described in Section 8.

24. Minors and Parental Access

As stated in Section 1, you must be at least 18 years old to use the Services. However, if you are a parent or legal guardian of a minor child who is a patient of a healthcare provider that uses the Services, you may be permitted to access certain health information relating to your minor child through the Services, subject to applicable law and the policies of the applicable healthcare provider.

Access to a minor’s health information through the Services is governed by applicable state and federal law, including laws that may restrict parental access to certain sensitive health information (such as mental health, reproductive health, or substance abuse treatment records). BettrAi does not control or determine the scope of parental access to minor health information; such determinations are made by the applicable healthcare provider in accordance with applicable law. If you have questions regarding access to your minor child’s health information, please contact the applicable healthcare provider directly.

25. Security Incident Notification

In the event of a security incident or data breach affecting your personal data or health information, we will notify you in accordance with applicable federal and state law, including applicable breach notification requirements under HIPAA and state data breach notification statutes. We will provide you with information regarding the nature of the incident, the types of information potentially affected, and steps you can take to protect yourself, to the extent required by applicable law.

26. Biometric Data and Health Monitoring

26.1 Authentication Biometrics
The Services may offer biometric authentication features (such as fingerprint or facial recognition) provided by your device’s operating system to secure access to your account. When you enable biometric authentication, your biometric data is processed and stored locally on your device by your device’s operating system. BettrAi does not collect, receive, store, or have access to your actual biometric data (such as fingerprint templates or facial geometry). BettrAi only receives a confirmation from your device that biometric authentication was successful. You may disable biometric authentication at any time through your device settings or the BettrAi App settings.

26.2 Healthcare Provider-Submitted Health Monitoring Data
Separately from authentication biometrics, BettrAi’s platform enables authorized healthcare providers to collect and submit patient health monitoring metrics — such as blood pressure, heart rate, pulse oximetry, glucose levels, and similar physiological measurements — through the Services for the purposes of care delivery and patient adherence monitoring. This health monitoring data constitutes Protected Health Information (PHI) and is processed by BettrAi solely in its capacity as a Business Associate of the applicable healthcare provider, subject to a HIPAA-compliant Business Associate Agreement. BettrAi does not sell or otherwise use this data for its own commercial purposes. Please see Section 9 and BettrAi’s Privacy Policy for further information.

27. Artificial Intelligence Disclosure

The Services use artificial intelligence, machine learning, and other automated technologies to provide certain features, including without limitation medical information comprehension, health insights, wellness suggestions, and assistance in formulating questions for your healthcare providers. These AI-powered features are intended to provide general information and support only and are not a substitute for professional medical advice, diagnosis, or treatment. The outputs generated by AI features may not always be accurate, complete, or appropriate for your individual circumstances. You should always consult with a qualified healthcare provider before making any decisions based on information provided through AI-powered features. BettrAi does not guarantee the accuracy, reliability, or suitability of any AI-generated content.

In addition to the user-facing AI features described above, BettrAi’s platform uses AI and automated technologies to process patient health monitoring data submitted by authorized healthcare providers for the purpose of supporting care delivery, patient adherence monitoring, and clinical decision support. Such processing is subject to the restrictions set forth in Section 9 and BettrAi’s Privacy Policy, including the prohibition on using health information to train AI models without explicit consent.

28. Force Majeure

BettrAi will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including without limitation acts of God, natural disasters, pandemic or epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information systems or infrastructure, or any other event beyond our reasonable control. Our obligations under these Terms will be suspended for the duration of such event.

29. Accessibility

BettrAi is committed to making the Services accessible to all users, including individuals with disabilities. We strive to ensure the Services comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing or using any part of the Services, or if you have suggestions for improving accessibility, please contact us at support@bettrai.com. We will work with you to provide reasonable accommodations and address accessibility concerns.

30. Survival

The following sections will survive any termination or expiration of these Terms: Section 6 (Intellectual Property), Section 7 (Your Content), Section 8 (Data Retention), Section 10 (Feedback), Section 11 (Warranties; Disclaimer), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Dispute Resolution; Binding Arbitration), Section 15 (Governing Law and Jurisdiction), Section 16 (Class Action and Jury Trial Waiver), and any other provision that by its nature should survive termination.

31. Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, please reach us at:

BettrAi, LLC
306 W. 7th Street, Suite 825
Fort Worth, Texas 76102
Email: support@bettrai.com