Terms of Service User (Patient Version)

BettrAi, LLC

1401 Lavaca St STE 81649  |  Austin, TX 78701  |  512-666-3078

TERMS OF SERVICE

End User (Patient) Version

Effective Date: October 26, 2026

Last Reviewed: October 2026

Ver. 10.2026.003

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.

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, and each user must have his or her own login credentials. You may use the Services to manage your own information and, where your healthcare organization and applicable law permit, the information of a person for whom you are a parent, legal guardian, authorized adult caregiver, or other personal representative (see Section 24).

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. NON-MATERIAL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING; MATERIAL CHANGES WILL BE EFFECTIVE THIRTY (30) DAYS AFTER WE PROVIDE NOTICE TO YOU BY EMAIL OR IN-APP NOTIFICATION. 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 lets you record and share health information with your care team, view your health data over time, keep up with reminders and tasks from your care plan, complete assessments your care team assigns, message your care team, and get general health information, with source citations, from the Sophie™ virtual assistant. 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 healthcare information that your healthcare provider has shared with BettrAi as part of the care management program in which your provider has enrolled you. BettrAi receives, stores, and processes this information as a Business Associate of your provider under HIPAA, in a single repository to support your care across the providers and care team members your provider authorizes. You acknowledge and agree that we do not originate, edit, or otherwise modify the healthcare records obtained from your specified providers. We organize (such as by de-duplicating information and standardizing formats) a copy of your health records to make them easy for your care team and (where your provider makes them available to you through the Services) 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 care 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  How Your Information Is Handled

Your healthcare organization has contracted with BettrAi to support your care, and BettrAi processes your health information on its behalf as a Business Associate under a Business Associate Agreement, as HIPAA permits. A separate HIPAA authorization from you is not required for this. Three different permissions may apply: (a) program consent, which you give your healthcare organization to take part in a program such as remote patient monitoring or chronic care management, and which you may withdraw by contacting your healthcare organization; (b) a HIPAA authorization, which is needed only for a use or disclosure that HIPAA does not otherwise permit; and (c) your choices about optional app features (Sophie, voice conversations, text messages, and calls), which you can change at any time in Settings. These Terms govern your general use of the BettrAi App and Services.

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 personal use in connection with the care you receive from your healthcare provider, and 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, provided that, for non-abuse-related suspension or termination of access for a patient actively enrolled in a care management program through the Services, we will coordinate with the applicable healthcare provider before suspending or terminating your access in order to support continuity of care. 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. Notwithstanding the foregoing, this license does not apply to Protected Health Information (as defined under HIPAA), which BettrAi processes solely in its capacity as a Business Associate of your healthcare provider and which is governed exclusively by the Privacy Policy and the Business Associate Agreement between BettrAi and your healthcare provider. 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.

7.2  Content Removal

Although we have no obligation to screen, edit, or monitor Your Content, we may remove or disable access to Your Content that violates these Terms or creates liability for us. We will not delete Protected Health Information except as permitted by the Business Associate Agreement with your healthcare organization.

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 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. We send text messages to, and place automated or AI-generated voice calls to, your mobile number only if you separately opt in, as described in Section 31.

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 messages) from BettrAi (including messages sent by BettrAi on behalf of your healthcare provider in connection with your care) for account verification, service alerts, care-related reminders and notifications, and the other purposes described in Section 31 (Text Messaging (SMS) and Calls Terms). 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. We do not use your mobile number or SMS consent for marketing; text messages are sent only as described in the SMS/Text/Voice Messaging section of our Privacy Policy. Calls to your phone number using automated, prerecorded, or artificial or AI-generated voice require your separate consent, as described in Section 31.

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

Your health information, including messages, Sophie conversations, and voice recordings and transcripts, is maintained by BettrAi on behalf of your healthcare organization. It is kept, returned, or destroyed as your healthcare organization directs under its Business Associate Agreement, and your healthcare organization decides how long your records must be kept under the laws that apply to it. Deactivating your BettrAi account does not delete records your healthcare organization is required to keep.

Other information, such as your account and login information, is kept as described in Section 7 (Data Retention) of the Privacy Policy. If this Section 8 conflicts with the Business Associate Agreement or applicable law, the Business Associate Agreement or applicable law controls.

To request a copy, correction, or deletion of your health records, contact your healthcare organization. If you send the request to support@bettrai.com, we will forward it to your healthcare organization. Requests about account information that is not part of your health records may be sent to support@bettrai.com.

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.

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.

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 TO THE BEST OF YOUR KNOWLEDGE 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 FOREGOING LIMITATIONS SHALL NOT APPLY TO: (A) DAMAGES ARISING FROM BETTRAI’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (B) BETTRAI’S INDEMNIFICATION OR BREACH-NOTIFICATION OBLIGATIONS UNDER ANY APPLICABLE BUSINESS ASSOCIATE AGREEMENT; OR (C) ANY MATTERS IN WHICH LIMITATION OF LIABILITY IS PROHIBITED BY HIPAA, APPLICABLE STATE LAW, OR APPLICABLE FEDERAL LAW.

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 violation, misappropriation, or infringement of any intellectual property rights of another; or (b) 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

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, 1401 LAVACA ST STE 81649, AUSTIN, TEXAS 78701. 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 AND THE JAMS POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS, WHICH CONTROL OVER ANY CONFLICTING TERM OF THIS SECTION 14. ARBITRATION PROCEEDINGS WILL BE HELD IN TARRANT COUNTY, TEXAS, OR, AT YOUR ELECTION, IN THE COUNTY WHERE YOU LIVE OR BY VIDEO OR TELEPHONE.

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 TWO (2) YEARS 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. For Protected Health Information that BettrAi processes on behalf of your healthcare provider, the Business Associate Agreement between BettrAi and your healthcare provider, together with applicable provisions of HIPAA and the Texas Medical Records Privacy Act, controls in the event of any conflict with these Terms.

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. If you are currently enrolled in a care management program through your healthcare provider, we recommend that you also notify your healthcare provider so they can discuss continuity of care with you. Upon your request for account termination, we will deactivate your account and cease providing you access to the Services, subject to coordination with your healthcare provider as needed for continuity of care and applicable record-retention obligations. 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, Caregivers, and Personal Representatives

You must be at least 18 years old to have your own account. If you are a parent, legal guardian, authorized adult caregiver, or other personal representative of a patient whose healthcare organization uses the Services, you may be given access to some of that patient’s information through your own login, as permitted by applicable law and the healthcare organization’s policies. You may use that access only on the patient’s behalf.

Access to another person’s health information through the Services is governed by applicable state and federal law, including laws that may restrict access to certain sensitive health information (such as mental health, reproductive health, or substance use treatment records). BettrAi does not decide who may have proxy access or how much; those decisions are made by the patient’s healthcare organization in accordance with applicable law. Questions about proxy access should go to that healthcare organization.

25.  Security Incident Notification

For any breach of unsecured Protected Health Information that BettrAi processes as a Business Associate, BettrAi will notify the applicable healthcare provider (the covered entity) without unreasonable delay and in accordance with 45 CFR § 164.410 and the Business Associate Agreement between BettrAi and that provider. The covered entity is responsible for notifying affected individuals under HIPAA’s Breach Notification Rule (45 CFR §§ 164.404 – 164.408). For breaches affecting personal data that is not Protected Health Information, BettrAi will notify you directly to the extent required by applicable state data breach notification law, including providing information regarding the nature of the incident, the types of information potentially affected, and steps you can take to protect yourself.

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 and other automated tools for certain features, such as the Sophie™ virtual assistant and the transcription of voice conversations. These features support the care your healthcare organization provides; they do not review your health data to give you advice, replace your care team’s judgment, or substitute for professional medical advice, diagnosis, or treatment. AI outputs may not always be accurate, complete, or right for your situation, so always follow your care team’s instructions. BettrAi does not guarantee the accuracy, reliability, or suitability of any AI-generated content.

Your healthcare organization may also use BettrAi tools that display your health data over time and flag readings outside limits your care team sets, so your care team can see them during routine review. These flags are not emergency alerts and are not watched around the clock, and they do not make treatment decisions. All AI processing is subject to Section 9, including the prohibition on using patient information to train AI models.

Intended use. The Services are intended for routine, non-urgent care management for patients whose healthcare organization has enrolled them in a program such as remote monitoring or chronic care management. They are not intended for emergencies, for continuous or time-critical monitoring, or to diagnose, triage, or decide your treatment.

27.1  Sophie™ AI Virtual Care Assistant

Sophie™ is BettrAi’s AI virtual care assistant. If your healthcare organization offers the Sophie virtual assistant and you choose to use it, Sophie can help you record your health information (including by voice), send messages and follow-up requests to your care team, keep up with reminders from your care plan, and share general health information with a source citation. Sophie is an AI system, not a person, and is not a doctor, pharmacist, nurse, or other licensed healthcare professional. Sophie does not review your health data, answer questions about your specific health, diagnose, triage, prescribe, or change your care plan. If you ask Sophie for medical advice or ask your care team to follow up, Sophie will tell you it can’t help with that and will send a follow-up request to your care team.

Emergencies and crisis support. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room. If you are in a mental health or suicidal crisis, call or text 988 (Suicide & Crisis Lifeline). Sophie cannot get you emergency help, and follow-up requests to your care team are not seen right away.

Reaching a person. Messages you send in the BettrAi App, including appointment requests, go to your care team at your healthcare organization. BettrAi does not read or respond to them. Your care team decides how and when to respond, and messages may not be seen right away, so do not use them for urgent needs. For urgent needs, call your healthcare organization directly. In an emergency, call 911.

Your choice. Using Sophie is optional and is separate from your acceptance of these Terms. You may turn Sophie off at any time in Settings. If you decline or turn off Sophie, voice conversations, text messages, or calls, you may still use the other Services and reach your care team by secure message or by calling your healthcare organization, and your healthcare organization will continue your care.

27.2  Voice Conversations and Recording

If you separately consent, you may speak with Sophie by voice. Voice conversations are recorded and transcribed so that Sophie can respond and so that the conversation can be documented for your care. Sophie tells you at the start of each voice conversation that it is being recorded. Recordings and transcripts are Protected Health Information that BettrAi maintains for your healthcare organization as its Business Associate. Only authorized users at your healthcare organization review them. BettrAi and its service providers process them only to host, transcribe, secure, and support the Services under Business Associate Agreements, and do not use them to train AI models or to create voiceprints or otherwise identify you by your voice. They are retained as described in Section 8. You may withdraw your consent to voice recording at any time in Settings; withdrawal applies to future conversations.

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 design the Services with accessibility in mind and aim to follow the principles of the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. 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.  Text Messaging (SMS) and Calls Terms

If you provide your mobile phone number and opt in, BettrAi and your care provider may send you SMS text messages related to your account and care, including appointment reminders, wellness updates, and program notifications (such as scheduling updates, care coordination notifications, secure-message alerts, consent document requests, and virtual visit links). Some messages include a secure link to the BettrAi patient portal (bettrai.app or bettrai.me). Consent to receive text messages is not a condition of receiving care or purchasing any service.

• Message frequency varies based on your activity and care.
• Message and data rates may apply.
• Reply STOP at any time to opt out; you will receive one final confirmation message. Reply START to resubscribe.
• Reply HELP for help, or contact support@bettrai.com.
• Carriers are not liable for delayed or undelivered messages.
• No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy.

Calls. If you separately consent, BettrAi and your care provider may call the phone number you provide, including with automated, prerecorded, or artificial or AI-generated voice (such as Sophie™, BettrAi’s AI virtual care assistant), with appointment reminders, wellness updates, and program notifications. Consent to calls is separate from consent to text messages and is not a condition of receiving care or purchasing any service. You may revoke your consent to calls at any time by any reasonable means, including by telling the caller you do not want further calls, changing your preferences in the BettrAi App, or contacting support@bettrai.com, and we will honor your request within the time required by law.

32.  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  •  Austin, Texas  •  support@bettrai.com  •  bettrai.com

© 2026 BettrAi, LLC. All rights reserved.

BETTRAI® is a registered trademark of BettrAi, LLC. Sophie™ is a trademark of Be