Nervana Terms of Service

These Terms of Service ("Terms") govern your use of the Nervana mobile and web applications (the "Application"), websites, content, and related services (collectively, the "Services") provided by Nervana Health, Inc., a Delaware corporation ("Nervana," "we," "us," or "our"). By downloading the Application, creating an account, or otherwise using the Services, you agree to these Terms and consent to our Privacy Policy referenced in these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES, AS THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NERVANA.

NERVANA IS NOT A HEALTHCARE PROVIDER OR HEALTHCARE SERVICE, AND NERVANA AND THE SERVICES DO NOT PROVIDE, AND ARE NOT INTENDED FOR USE IN, THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE. ALL INFORMATION PROVIDED BY THE SERVICES IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT MEDICAL ADVICE OR CARE.

THE SERVICES INCORPORATE ARTIFICIAL INTELLIGENCE (AI) ENABLED VOICE AGENTS AND COACHING. BY USING THE SERVICES, YOU CONSENT TO YOUR CONVERSATIONS BEING RECORDED AND BEING SHARED WITH THIRD PARTIES FOR THE PURPOSES DESCRIBED IN THESE TERMS.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS RELATING TO THE APPLICATION AND SERVICES, AS WELL AS VARIOUS CONDITIONS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY, INCLUDING IN SECTION 13, AND AN ARBITRATION CLAUSE IN SECTION 15. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO, AND ARE PROHIBITED FROM, ACCESSING OR USING THE SERVICES.

Nervana's Services provide a consumer educational and coaching platform that provides general educational information to users and provides coaching and exercises that, as part of a healthy lifestyle, may help users live well with their chronic neuroplastic symptoms. The Services are intended for users that have been diagnosed with and are experiencing chronic neuroplastic symptoms. The Services help users understand their brain-body connection better which, in turn, may help reduce the impact of their chronic neuroplastic symptoms as part of a healthy lifestyle.

Nervana is not a healthcare provider or healthcare service, and Nervana and the Services do not provide, and are not intended for use in, the diagnosis of disease or other conditions, or the cure, mitigation, treatment, or prevention of disease. All information, including any AI-generated messages, prompts, exercises, or coach guidance, is provided for educational purposes only and is not medical advice or care. No clinician-patient relationship arises from any AI-enabled or other coaching interaction. Coaches are not your healthcare providers and do not render psychotherapy or medical care. You are solely responsible for decisions made based on the Services.

Always seek the advice of a qualified clinician regarding a medical condition or before making any change to your treatments or lifestyle. In an emergency, or if you experience thoughts of self-harm or harm to others, or are experiencing a medical crisis, call 911 (or 988 in the U.S.) or visit the nearest emergency department. The Services are not a substitute for medical care and are not for use in emergencies or acute care situations.

You are solely responsible for decisions made based on information obtained from the Services, and Nervana makes no representation, warranty, or guarantee and assumes no responsibility for the accuracy of such information, which is subject to change without notice. You are encouraged to confirm any such information with other sources, and review all such information with your physician or other appropriate clinician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE OR CARE BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICES OR NERVANA.

Nervana may help you locate or communicate with an independent, licensed medical professional. Doing so does not create any employment, agency, or supervisory relationship between Nervana and that professional, and does not convert the Services into medical services. Additional information about independent medical professionals is set forth in Section 6.

You must be at least 18 years old to use the Services.

If you have been diagnosed with psychosis, schizophrenia, active mania, or another condition requiring supervised treatment, or if you believe you may have any such condition, you may only use the Services under a clinician's supervision. If any use of the Services causes you distress, stop and consult a clinician.

In order to use the Services, you agree to: (a) provide accurate information in your use of the Services, (b) keep your access credentials confidential, and (c) notify us immediately of any unauthorized use of the Services. You are responsible for all activity on your account.

Please read our Privacy Policy at www.trynervana.com/privacypolicy for details on the data we collect and how we may use and disclose it. The Privacy Policy is hereby incorporated as part of these Terms. By agreeing to these Terms, you consent to our use and disclosure of data as described in the Privacy Policy.

Unless we specifically state otherwise, Nervana is not a HIPAA covered entity, and your use of the Services is not governed by HIPAA. We may create and use de-identified or aggregated data for any lawful purposes, including to improve any of our products and services, subject to opt-out where available.

The Services may contain features that enable you to export or share summaries of information you provide to the Services (for example, a PDF of AI-generated insights or symptom trends) ("Exports") with third parties you choose. If you use these features, you acknowledge that you are directing and authorizing Nervana to prepare and transmit those Exports on your behalf.

Your Responsibility. You acknowledge that you choose the recipients of the Exports, and that you assume all risk for their use or disclosure of Exports. Nervana does not control or secure any Exports once shared by you.

Not a Medical Record. You acknowledge that Exports from the Services may include AI-generated text and are not medical records or clinician-authored documents. They should not be relied on for diagnosis or treatment. You may not represent that any Export is a medical record or clinician-authored document, and will clearly disclose that any AI generated content in the Exports is computer-generated.

Revocation. You may revoke future sharing of Exports by changing the settings in your account. However, you acknowledge that such revocation does not affect prior disclosures.

Redisclosure Warning. You acknowledge that the recipients of Exports may re-share your information, and those disclosures may not be protected by privacy laws that apply to Nervana. Please share your information with care.

The Services may enable you to display or facilitate scheduling with an independent, licensed medical professional (a "Provider"). This functionality is not for use in emergencies; call 911 (or 988 in the U.S.) or visit the nearest emergency department in an emergency. Doing so does not create any employment, agency, or supervisory relationship between Nervana and that Provider, and does not convert Nervana into a healthcare provider or healthcare service. Providers are not employees, agents, or representatives of Nervana. Nervana does not practice medicine, supervise Providers, control clinical judgment, or otherwise provide medical advice or care.

Providers are solely responsible for their medical advice and care, diagnosis, treatment, prescribing, holding of your medical information in confidence, and compliance with all applicable laws, rules, regulations, and requirements. Before receiving care, you must review and accept the Provider's own consent forms, privacy notices, and any other terms and conditions or documents they may require. You will pay the Provider directly for any services they render. Nervana is not responsible for setting the costs that Provider charges you or collecting payment on their behalf.

Nervana does not recommend, endorse, or make any representation, warranty, or guarantee with respect to any Provider, any tests, products, procedures, treatments, or other item or service administered or provided by any Provider, or any opinions, recommendations, suggestions, or information or content of any Provider. NERVANA IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ACTS, OMISSIONS, OR NEGLIGENCE OF ANY PROVIDER, ANY TESTS, PRODUCTS, PROCEDURES, TREATMENTS, OR OTHER ITEM OR SERVICE ADMINISTERED OR PROVIDED BY ANY PROVIDER, OR ANY OPINIONS, RECOMMENDATIONS, SUGGESTIONS, OR INFORMATION OR CONTENT OF ANY PROVIDER.

Subject to and conditioned upon your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable license to use the Services solely for your own personal, non-commercial purposes.

You are not permitted to: (i) copy, modify, translate, create derivative works of, decompile, or reverse engineer any aspect of the Services; (ii) remove or alter any proprietary notices or markings from the Services; (iii) attempt to gain unauthorized access to any aspect of the Services or any information contained in the Services; (iv) use any robot, spider, or other automatic device, process, or other means to crawl, scrape, or otherwise access the Service or to create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence system; (v) restrict or inhibit anyone else from using the Services, or impersonate another individual when using the Services; (vi) use the Services to defame, harass, or threaten another person, or to send unsolicited communications or otherwise violate the legal rights of an individual; (vii) transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; or (viii) use the Services for any unlawful purpose, to promote or assist any illegal activity, or in a manner prohibited by these Terms.

The Services are subject to protection by intellectual property and proprietary rights as described in these Terms. You acknowledge that Nervana and its licensors own all right, title, and interest in and to the Services, including in all software, algorithms, processes, models, text, content, graphics, images, names, logos, trademarks, audio, video, tables, displays, and compilations included in the Services. In addition, any feedback, suggestions, ideas, notes, concepts, and other information you provide us relating to the Services (collectively, "Feedback") will be considered non-confidential and non-proprietary to you. You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), transferable license to freely use and exploit such Feedback for any purpose without any compensation, notification, or attribution to you.

As between you and Nervana, you own all right, title, and interest in and to the data and information you submit to the Services. You hereby grant us a non-exclusive, worldwide, sublicensable (through multiple tiers), transferable license to use such data and information to provide the Services to you and, if such data and information is used in an aggregated manner that does not identify you, to improve the Services and any of our other products and services.

Nervana may collect and create Usage Data through the Services and may receive and retain such Usage Data for its own use for any purpose, including product development, system improvement (including machine learning and algorithm and model training), data analytics, data science, other research and development, and user support. As between you and Nervana, Nervana owns and controls all rights in Usage Data, any compilations of Usage Data, and any algorithm or other computational results derived from Usage Data. "Usage Data" means data we collect or create regarding your use of, and interaction with, the Services, including: (a) your location, frequency, and duration or interactions with the Services; (b) the manner in which you use, customize, or interact with the Services; and (c) any data or information submitted by you that we aggregate and anonymize, such that it does not readily identify you or any third party.

BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE NERVANA TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS AT THE END OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL. YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE THEN-CURRENT RATE UNLESS YOU CANCEL BEFORE THE RENEWAL DATE.

Additional terms pertaining to renewals will be provided to you when you are presented the option to auto-renew. Fees are charged through our payment processor (e.g., Stripe, Apple, Google) under their terms. You may cancel anytime by accessing your account settings in the Services or through your App Distributor settings. Unless required by law or stated otherwise, fees are non-refundable.

Trials or promotions may require a valid payment method. IF YOU DO NOT CANCEL BEFORE THE TRIAL ENDS, BILLING WILL BEGIN AUTOMATICALLY.

If you downloaded the Application from the Apple App Store or Google Play (each, an "App Distributor"), the following additional terms apply:

• You acknowledge and agree that: (i) the license granted to you for the Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (ii) we are responsible for providing any maintenance and support services with respect to the Application as specified in these Terms as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (iii) in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Application; and (iv) the App Distributors are third-party beneficiaries of the terms and conditions of this license and under this Section 10, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this Section 10 against you as a third-party beneficiary thereof.
• You represent and warrant that you: (i) are not located in a country that is subject to U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) are not listed on any U.S. governmental list of prohibited or restricted parties; and (iii) will comply with applicable third party terms of agreement when using the agreement (e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application).

We use Elevenlabs' AI Agents to help power the coaching platform and provide other aspects of the Services. By accepting these Terms, and each time you interact with this AI Agent, you consent to us, ElevenLabs, and each of our service providers (including third-party LLM providers) recording, viewing, storing, and sharing your communications to provide the Service, improve our products and services, train machine learning models, and comply with applicable law.

We may modify, update, suspend, discontinue, or otherwise change the Services or any portion or feature of the Services at any time, with or without notice, and for any reason. This includes any beta features that may change or end without notice. We will not be liable to you for the effect that any such changes or other actions may have on you.

We reserve the right to update, add, remove, or otherwise change these Terms (in whole or in part), from time to time in our sole discretion. If we make any material changes to these Terms, we will notify you by posting such changes to our website or through the Application. We may also notify you (in our discretion) through other reasonable means, including by using any contact information that you have provided to us. Any changes to these Terms will be effective thirty (30) calendar days after we provide notice to you of such change, including thirty (30) days after we post notice of the changes; however, changes we make to comply with applicable laws will be effective upon notice. All changes will be effective immediately upon posting for new visitors to or users of the Services. Your continued use of the Services following the applicable notice periods and posting of the changes to these Terms, will mean that you accept those changes. We will not be liable to you for the effect that any changes to these Terms may have on you after the applicable notice period or after you have accepted the updated Terms. The "Last Updated" date above reflects the last time these Terms were updated.

YOU ACKNOWLEDGE THAT THE SERVICES, INCLUDING THE APPLICATION, ALL COACHING PROVIDED THROUGH THE SERVICES, AND ALL EXPORTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING THROUGH COURSE OF PERFORMANCE, OR OTHERWISE. THE SERVICES, INCLUDING THE APPLICATION, ANY COACHING PROVIDED THROUGH THE SERVICES, AND ALL EXPORTS OBTAINED THROUGH THE SERVICES, ARE USED AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NERVANA DISCLAIMS ALL SUCH WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NERVANA EXPRESSLY DOES NOT WARRANT THAT (A) THE SERVICES, ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, ANY COACHING, OR ANY EXPORTS WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, OR ERROR-FREE; (B) THE SERVICES OR ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES IS FREE FROM HARMFUL OR UNSAFE CONTENT; (C) DEFECTS OR ERRORS WILL BE CORRECTED; (D) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE SERVICES, ANY COACHING, OR ANY EXPORTS WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS. NERVANA DISCLAIMS ALL EQUITABLE INDEMNITIES.

YOU ACKNOWLEDGE THAT: (I) THE SERVICES RELY ON ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES, WHICH ARE RAPIDLY EVOLVING; (II) GIVEN THE PROBABILISTIC NATURE OF THESE TECHNOLOGIES, USE OF THE SERVICES MAY, IN SOME SITUATIONS, RESULT IN OUTPUTS THAT DO NOT ACCURATELY REFLECT REALITY; (III) THE SERVICES AND ANY OUTPUTS OF THE SERVICES MAY BE INCOMPLETE, OUTDATED, OR INACCURATE; (IV) THOUGH WE MAY USE SAFETY FILTERS TO REDUCE HARMFUL OR UNSAFE CONTENT, THESE MECHANISMS MAY NOT BE ERROR-FREE; (V) YOU SHOULD NOT RELY ON THE SERVICES OR THE EXPORTS FOR ANY MEDICAL DIAGNOSIS OR TREATMENT; (VI) THE SERVICES MAY NOT REFLECT THE VIEWS OF NERVANA; AND (VII) IF THE SERVICES REFERENCE ANY THIRD PARTY OR THEIR PRODUCTS OR SERVICES, SUCH REFERENCE DOES NOT CONSTITUTE ANY EXPRESS OR IMPLIED ENDORSEMENT BY, OR AFFILIATION WITH, NERVANA.

YOU ACKNOWLEDGE THAT NERVANA IS NOT RESPONSIBLE FOR:

• PROVIDING MEDICAL CARE OR DIAGNOSIS;
• ANY ACTS OR OMISSIONS OF ANY INDEPENDENT PROVIDER; OR
• ANY USE OF THE EXPORTS BY YOU OR ANY THIRD PARTY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NERVANA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (THE "NERVANA PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE FORESEEABLE, OR ANY REMEDY OTHERWISE FAILS IN ITS ESSENTIAL PURPOSE.

IF, FOR ANY REASON, ANY NERVANA PARTY IS FOUND TO BE LIABLE UNDER THESE TERMS OR OTHERWISE TO YOU, THEIR COLLECTIVE AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY OR PARTIES CLAIMING WITH, UNDER, OR THROUGH YOU, FOR ANY AND ALL CLAIMS, WILL NOT EXCEED THE GREATER OF (i) US $100 OR (ii) THE AMOUNT YOU PAID IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Some jurisdictions do not allow limitations on certain damages; in such case our liability is limited to the maximum extent allowed by law.

You agree to indemnify, defend, and hold harmless the Nervana Parties from and against any claims, losses, or expenses (including attorneys' fees) arising from your use of the Services, including from (i) your violation of these Terms or your use of the Services in violation of applicable law; (ii) your Exports; and (iii) any interaction or dispute with any Provider. You may not settle or otherwise compromise any indemnified claim without Nervana's prior written consent, such consent not to be unreasonably withheld.

PLEASE READ THIS SECTION CAREFULLY. YOU AND NERVANA ARE AGREEING TO GIVE UP RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

All matters relating to the Services or these Terms, and any dispute or claim between the parties arising out of or related to the Services or the Agreement (in each case, including non-contractual disputes or claims) (each, a "Dispute"), shall be governed by and construed in accordance with the internal laws of the State of California and applicable federal law, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction), except as provided below with respect to the Federal Arbitration Act.

If either party has any Dispute against the other party, the parties agree to first try to resolve such Dispute informally and in good faith by contacting the other party and providing the following information in a written notice to the other party: (i) if you are raising such Dispute, fair notice of your identity; (ii) a description of the nature and basis of the Dispute; and (iii) the relief being sought from the other party, including the specific amount of any monetary relief being sought. Such information cannot be combined with any information applicable to any other of your Disputes or any Disputes of any other parties. The parties will work together in good faith to resolve such Dispute for sixty (60) days following receipt of the applicable information. If a party's Dispute is not resolved within such sixty (60) day period, only then may you or we commence arbitration proceedings in accordance with this Section. Before commencing any arbitration proceedings under the Agreement, a party must first send to the other a written notice of their intent to file an arbitration ("Arbitration Notice"). Your Arbitration Notice to us must be sent to our address provided in Section 18. We may provide the Arbitration Notice to you using any contact information you have provided to us, including through your use of the Services, or through your Account. Neither party shall initiate arbitration until the escalation process set forth in this paragraph is complete and until they have provided an Arbitration Notice to the other party. This agreement to arbitrate shall apply to all Disputes, including those that arose or were asserted before the effective date of these Terms of Use provided in the "Last Updated" date above, unless you have expressly opted-out of any update in accordance with this Section.

You hereby agree that, except as provided in the last paragraph of this Section 15, any Dispute between you and Nervana, whether brought by you or by us, arising out of or relating in any way to these Terms or your use of or access to the Services must be resolved through final, binding, and confidential arbitration located in San Francisco, California, USA, or through such other means as the parties may mutually agree. If you are an individual, you may choose to conduct the arbitration in your county of residence or by videoconference.

The arbitration will be administered by JAMS or its successor ("JAMS") in accordance with the then-current Streamlined Arbitration Rules and Procedures for commercial contracts except to the extent this Section conflicts with those rules, and, if you are an individual, in accordance with JAMS' Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (collectively, the "JAMS Rules"). The parties will mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, JAMS will choose the arbitrator. In rendering an award, the arbitrator shall apply the governing law stated in the first paragraph of this Section 15, except that the Federal Arbitration Act will govern the interpretation and enforcement of this Section 15.

Unless you are an individual and opt-out of arbitration as set forth below, and except with respect to the class arbitration waiver as set forth in the following paragraph, the arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any Dispute relating to interpretation, applicability, unconscionability, formation, arbitrability, and/or enforceability of these arbitration provisions, including any challenge that the arbitration provisions or these Terms are void, voidable, or otherwise invalid. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity (including injunctive and declaratory relief and statutory damages) and must follow these Terms, as a court would. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree that an arbitration will be conducted on an individual, and not a class-wide, basis. An arbitrator will have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims or Disputes. YOU ACKNOWLEDGE AND AGREE THAT UNLESS OTHERWISE AGREED IN WRITING BY YOU AND NERVANA, WITH REGARD TO ANY CLAIMS OR DISPUTES HEREUNDER, YOU WILL NOT BE ENTITLED TO SEEK TO, AND AN ARBITRATOR OR COURT MAY NOT, JOIN OR CONSOLIDATE YOUR CLAIMS OR DISPUTES WITH ANY OTHER SIMILAR CLAIMS OR DISPUTES OF ANY OTHER PERSON OR PARTICIPATE IN ANY CLAIM OR DISPUTE AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If you are an individual, you can opt out of these arbitration provisions within thirty (30) days of the date that you first agreed to these Terms or to any subsequent revisions to the Terms involving this Section. If you opt out of a subsequent revision, you will remain bound by the prior version of these Terms unless you previously opted out of that version. To opt out, you must send your name, address, username, the email address, and phone number, including as associated with your account (if applicable), and a clear statement that you want to opt out of this arbitration provision using the contact information you used to register for your account. If you do not have an account, you may opt out of these Terms in their entirety by not using the Services.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be resolved exclusively (except as provided in the last paragraph of this Section) in the appropriate state and federal courts located in San Francisco, CA, USA. Both parties hereby unconditionally and irrevocably consent to the venue and jurisdiction of such courts, and waive all defenses, including lack of personal jurisdiction, improper venue, or inconvenience of the forum, with respect to such courts for the adjudication of such Disputes.

Notwithstanding anything else in this Section 15 to the contrary, the following claims may be brought in any court of competent jurisdiction: claims to the extent alleging efforts to interfere with the Services or engage with the Services in an unauthorized manner or for violation of any intellectual property or proprietary rights. Moreover, either you or we may choose to bring a claim in, or move a claim to, small claims court, if the claim is within the jurisdiction of that court, without resorting to arbitration. In addition, either you or we have the option to bring claims in court to seek temporary or preliminary injunctive relief without seeking damages, in any court of competent jurisdiction. Further, you acknowledge and agree that your actual or alleged breach of Sections 7, 8, or 10 will cause irreparable injury to us for which monetary damages would not be an adequate remedy. Accordingly, we are entitled to seek specific performance or other injunctive or equitable relief, without any obligation to post any bond, in any court with competent jurisdiction, to limit, remedy, or mitigate the effects of any such breach. Our rights under this Section are in addition to and not in lieu of any other remedy available to us under the Agreement, at law, or in equity.

We may suspend or terminate your access to the Services at any time for any valid reason, including violation of these Terms. You may stop using the Services at any time. In the event of any termination of these Terms, Sections 4, 6, 8, and 12 - 18 will survive termination.

Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and Nervana relating to your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties regarding the Services.

Severability / Waiver. No waiver by Nervana of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nervana to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Nervana representative. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed revised so as to effectuate the intent of the parties to the maximum extent possible and the remaining provisions of these Terms will continue in full force and effect.

Assignment. You may not assign, delegate, or transfer these Terms without our prior written consent. We may freely assign, delegate, or transfer any of our rights or obligations under these Terms in our sole discretion and without restriction or further obligation to you. Any purported assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms shall inure to the benefit of each parties' respective successors and assigns.

Notices. We may contact you via email, in-Application notification, or posting on our website.

Force Majeure. Nervana shall not be liable for any failure or delay in its performance or equipment or any other matter due to causes beyond its reasonable control, including: acts of God, pandemic, fire, flood, hurricanes, or other catastrophes; any statute, regulation, rule, order, treaty, or other law or any direction, action, or request of any governmental entity or agency, or any civil or military authority; national emergencies, insurrections, riots, wars or hostile attacks; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties; equipment malfunction, power failures, denial-of-service attacks, or failure of the Internet.

Electronic Communications. You consent to receive electronic communications to the email or phone number you provide to us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. Marketing messages require separate consent; you can opt out anytime (reply STOP to SMS). Carrier rates may apply to any electronic communications.

All legal notices to us must be in writing and must reference these Terms. We may provide notice to you using the information you provided to us, including by email or through your account. Service of such notice will be deemed given on the date delivered by email (with the sender's confirmation of receipt) or on the date of delivery via courier providing confirmation of delivery.

Please send all feedback, comments, and other communications relating to the Services or these Terms to:

Nervana Health, Inc.
Email: support@trynervana.com