Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the websites, mobile interfaces, and other online properties operated by Eterna IQ LLC ("Eterna IQ," "we," "us," or "our"), including, among others, this website at www.eternaiq.com and any successor domains (the "Website"), and all related products, services, content, and transactions made available through the Website. The Terms are an agreement between you and us. The Website connects users to a telehealth technology platform (the "Platform") operated by CareValidate Incorporated ("CareValidate"), also referred to as CareGLP. The Platform facilitates access to telehealth services provided by independent, third-party licensed healthcare professionals ("Healthcare Providers") and access to prescribed medical treatments fulfilled by independently owned and operated, licensed pharmacies ("Pharmacies"). We, CareValidate, the Healthcare Providers and Pharmacies are separate legal entities that perform distinct roles. CareValidate, the Healthcare Providers and Pharmacies are not a party to these Terms and are not obligated by the Terms. However, CareValidate, the Healthcare Providers and Pharmacies are intended third party beneficiaries to these Terms, which means they benefit from them.

We provide non-clinical content, marketing, and other informational and administrative services through the Website; CareValidate operates the Platform and provides Platform-related services; Healthcare Providers provide healthcare services through the Platform and Pharmacies fulfill and ship medical treatments through the Platform after receipt of prescriptions from the Healthcare Providers. For purposes of these Terms, the content and non-clinical services provided by us through the Website (including Eterna IQ membership and health coaching), the Platform and Platform-related services operated by CareValidate, the healthcare services provided by Healthcare Providers, and any prescribed medical treatments and other products you are able to purchase through the Website and Platform are referred to collectively as the "Services." By checking an "I agree" box, clicking an "I agree" button or taking similar action, or by accessing or using the Website or any of the Services, you agree to be bound by these Terms.

Please read these Terms carefully before accessing and/or using the Website and/or Services.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 14 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US, CAREVALIDATE, THE HEALTHCARE PROVIDERS, AND THE PHARMACIES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

1. General

Acceptance of Terms. By accessing or using the Website or any of the Services, or by clicking any button or checkbox indicating your acceptance of these Terms where such option is presented, you agree to be bound by these Terms as a legally binding agreement. If you do not agree to these Terms, you may not access or use the Website or any Services.

Amendment of Terms. We may amend these Terms from time to time. Unless we expressly provide a delayed effective date, any amendments will become effective immediately upon posting the updated Terms on the Website. Your continued access to or use of the Website or any Services after the posting of amended Terms constitutes your acceptance of the Terms as modified. If we re-present the Terms to you and you click a button or checkbox indicating you accept the Terms, then that also constitutes your acceptance of the Terms as modified. Material changes may also be communicated by email or in-product notice where appropriate. We may also modify, suspend, or discontinue any portion of the Services at any time. To the maximum extent permitted by applicable law, we are not liable for any modification, suspension, or discontinuation of the Services.

Additional Terms. Certain Services may be subject to additional terms, conditions, guidelines, or rules ("Additional Terms"), such as our SMS Terms, that are posted on the Website or otherwise made available to you. Any such Additional Terms are hereby incorporated by reference into these Terms. In the event of a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control solely with respect to the applicable Service.

Privacy. Your access to and use of the Website and Services are subject to our Privacy Statement, which describes how we collect, use, and disclose information about you. Please review our Privacy Statement, available at https://www.eternaiq.com/privacy. Our Consumer Health Data Privacy Policy and California Privacy Disclosures supplement it.

Availability. The Services are offered only to individuals located within the United States and are available in all fifty (50) states. The Services are not intended for use outside the United States. Availability of a particular treatment may vary by state.

Eligibility. You must be at least eighteen (18) years of age to access or use the Website or any Services. By accessing, using, or submitting information through the Website or Services, you represent and warrant that you are at least eighteen (18) years old.

2. Your relationship with us

We, on our own behalf and on behalf of the Healthcare Providers, provide non-clinical content, marketing, customer support, and other informational and administrative services, make certain information available regarding treatment programs and facilitate your access to telemedicine and expert medical services provided by the Healthcare Providers.

Neither we nor CareValidate provide medical advice, diagnosis, or treatment and do not dispense medications. All healthcare services are provided exclusively by the Healthcare Providers, and all prescription fulfillment and dispensing services are provided exclusively by the Pharmacies in accordance with applicable law.

Neither we nor CareValidate are a medical group, pharmacy, or healthcare provider and are not a "covered entity" as that term is defined under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its implementing regulations (collectively, "HIPAA"). Our and CareValidate's role is limited to providing non-clinical information and administrative services and facilitating access to the Services offered by the Healthcare Providers and the Pharmacies. We and CareValidate are independent from the Healthcare Providers, the Pharmacies, and the licensed healthcare professionals who may provide services through them. Neither we nor CareValidate are responsible for the acts or omissions of the Healthcare Providers, the Pharmacies, or such healthcare professionals, nor for the content of their communications with you. We and CareValidate do not engage in the practice of medicine or pharmacy and do not provide healthcare or pharmacy services of any kind.

NEITHER WE NOR CAREVALIDATE OFFER MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. All information made available through the Website or in connection with communications supported by us and/or CareValidate is provided for general informational purposes only and is not intended to create a physician-patient or provider-patient relationship, or to replace or supplement any existing relationship you may have with a licensed healthcare provider, as defined by applicable state or federal law. Use of the Website and reliance on any information provided by us or CareValidate is at your own risk and is not a substitute for professional medical diagnosis or treatment.

We also facilitate access to independent laboratory and diagnostics partners. We do not control clinical judgment, prescribing decisions, shipping timelines, or regulatory availability in every state. Partner terms and privacy policies may also apply.

Health Coaching. Eterna IQ membership includes health coaching. Health coaches are not licensed medical providers. Your coach builds and runs your overall plan with you and provides education, accountability, and support; any prescription treatment in that plan is prescribed and managed by a Healthcare Provider. Coaches do not diagnose conditions, do not treat disease, and do not prescribe, adjust, or discontinue any medication.

A coach cannot change your clinical protocol. Questions about your diagnosis, your medication, your dose, or symptoms you are experiencing are for your Healthcare Provider, and your coach will refer them there.

Do not use the Services for urgent medical needs. If you believe you have a medical emergency, call 911 or your local emergency number, or go to the nearest emergency room.

3. Notice regarding financial responsibility for services

Neither we, CareValidate, the Healthcare Providers, nor the Pharmacies participate as a provider in any federal, state, or private payor healthcare program, including Medicare or Medicaid, with respect to services or products made available through the Services.

Accordingly, neither you nor we, CareValidate, the Healthcare Providers, or the Pharmacies will seek or receive reimbursement from any federal, state, or private payor healthcare program for any services or products provided to you through the Services.

To the extent that any laboratories, pharmacies, or licensed healthcare professionals accessible through the Services may independently participate in federal, state, or private payor healthcare programs outside of the Services, you acknowledge and agree that the manner in which services and products are made available through the Services is outside such programs and is not intended to constitute a covered benefit. By choosing to use the Services, you are expressly electing to obtain products and services on a cash-pay basis, outside of any federal, state, or private payor healthcare program.

By using the Services, you acknowledge and agree that: (1) you are voluntarily choosing to obtain products and services on a cash-pay basis and are solely financially responsible for all services and products provided to you by or through the Services; and (2) neither you nor we, CareValidate, the Healthcare Providers, their laboratories, or the Pharmacies will submit any claim for reimbursement to any federal, state, or private payor healthcare program for services or products provided to you through the Services.

4. Consent to telehealth services

Telehealth allows Healthcare Providers to assess and treat patients remotely using technology. Healthcare services via telehealth may offer potential benefits, but there are also potential risks. To use the Services you must consent to treatment via telehealth. Telehealth consents are presented separately through the Website and are hereby incorporated into these Terms by reference and constitute a part of these Terms.

5. Use of the Services

Our Content. The Website and non-clinical components of the Services are owned and operated by us and our licensors. All content, recordings, visual interfaces, graphics, design, compilation, information, data, computer code, software (including any downloadable software), text, images, video, audio, trademarks, service marks, trade names, and other materials or elements made available through the Website (collectively, "Content") are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property and proprietary laws.

Except as otherwise expressly stated, all Content available through the Website is owned by us or our third-party licensors. All trademarks, service marks, and trade names displayed on the Website are proprietary to us or our licensors, whether registered or unregistered, and may not be used in any manner that is likely to cause confusion regarding endorsement, affiliation, or sponsorship.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal, non-commercial use. Except as expressly permitted by us in writing, you may not copy, reproduce, distribute, transmit, publicly display or perform, publish, license, sell, modify, adapt, create derivative works from, or otherwise exploit any Content. Any downloading or copying of Content does not transfer any ownership rights to you. All rights not expressly granted are reserved by us and our licensors.

Electronic Communications. By accessing or using the Website or Services, you expressly consent to receive electronic communications from us, CareValidate, the Healthcare Providers and Pharmacies, including communications provided through the Website, by email, text message, or by telephone using the contact information you provide. Such communications may include agreements, notices, disclosures, authorizations, verifications, confirmations, and other information related to your use of the Services. You agree that any electronic communications we, CareValidate, the Healthcare Providers and Pharmacies provide to you satisfy any legal requirement that such communications be in writing. Text messages from us are also governed by our SMS Terms, and you can reply STOP to any of them to opt out.

Assessments. Health assessments, intake questionnaires, and similar tools collect information to help personalize education and route you to appropriate next steps. They are not prescriptions, orders, or guarantees of treatment. Any therapies, laboratory testing, or supplements made available through the Services may require a valid order from a Healthcare Provider where required by law, may not be appropriate for everyone, and may involve risks. Individual results vary.

6. Prescription products, subscriptions, and membership

Prescription Products. Certain products available through the Services and accessed via the Platform require a valid prescription issued by a Healthcare Provider. You will not receive a prescription product unless you have completed a consultation through the Platform (which may take place through your completion of a written questionnaire that is reviewed by a Healthcare Provider and may or may not involve a live consultation with a Healthcare Provider, depending on local requirements where you live), the Healthcare Provider has determined that the product is appropriate for you, and the Healthcare Provider has issued a prescription.

Please note that products fulfilled by the Pharmacies may not be dispensed in child-resistant packaging and may not be provided in child-resistant containers.

Compounded Products. Some treatments may be compounded by state-licensed pharmacies, including 503B outsourcing facilities registered with the FDA, when a Healthcare Provider determines they are appropriate. Compounded drug products are not FDA-approved drug products in the same manner as commercially available FDA-approved drugs unless specifically stated. We do not guarantee specific health outcomes.

Subscriptions. The Services are offered on a subscription basis. If you purchase a subscription product, your selected payment method will be automatically charged at the recurring intervals disclosed for that product during the checkout process unless and until you cancel. You may cancel a subscription at any time. To avoid your next recurring charge, you must cancel at least 48 hours before the next billing date shown in your patient portal, by logging into the patient portal at https://care.eternaiq.com and selecting the option to cancel. Cancellation, modification, and refund rules are set out in our Cancellation & Refund Policy.

When you check out for a treatment, a hold for your first charge is placed on your payment method and your payment method is saved for the charges described in your order summary. You are charged only if a Healthcare Provider prescribes the treatment. If nothing is prescribed, the hold is released, and any different prescription or higher price requires your approval. Once a prescription has been dispensed it cannot be returned, and orders already sent to the pharmacy are not eligible for refund.

For convenience, you will be presented with a single total subscription price. If a subscription product requires a consultation with a Healthcare Provider and/or includes a prescription product fulfilled by one of the Pharmacies, the total price you pay includes: (i) amounts charged by the applicable Pharmacy for the prescription drug; (ii) amounts charged by the applicable Healthcare Provider for the services provided by the Healthcare Provider; and (iii) applicable fees charged for access to and use of the Platform. By submitting your payment information, you authorize us, CareValidate, or our third-party payment processors to charge the amount due in accordance with their terms. These amounts are collected on behalf of the Pharmacies and Healthcare Providers, as applicable, among others, and the corresponding portions are remitted to them.

Eterna IQ Membership. Membership is a recurring monthly subscription for coaching and ongoing optimization, billed by us through our payment processor separately from any treatment. Membership is $199 per month flat, charged automatically to your payment method until you cancel. There is no minimum term and no cancellation fee. You may cancel at any time from your Eterna IQ member portal or by emailing support@eternaiq.com, and cancellation takes effect at the end of the month already paid for.

If a membership payment fails, you keep full membership access for 7 days while we retry the charge. If payment is not brought current within 7 days, membership access pauses (no coaching, no member pricing) until you pay, and a membership that stays paused for 90 days is archived. Treatment access and treatment billing never depend on membership status, in either direction.

Except where expressly stated in writing at checkout, membership fees are non-refundable once the paid period has started. Membership billing errors (a charge after you cancelled, a duplicate charge, or a wrong amount) are refunded as set out in our Cancellation & Refund Policy.

7. Accuracy and security obligations

Security. You are responsible for your access to and use of the Services, including all financial transactions. You agree to immediately notify us of any breach of security that may occur through your access or use of the Services and to prevent its further occurrence. If you become aware that someone may be impersonating or attempting to impersonate you in using the Services or processing any financial transactions through the Services, you should contact us immediately.

Accuracy of Personal Information. You represent and warrant that all information provided to us and/or CareValidate through the Website is current, accurate, complete and truthful, including all initial or updated registration information, such as the legal name, street address, email address, telephone number, and financial transaction account information. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to us and/or CareValidate through the Website.

8. Prohibited conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

• Harass, threaten, stalk, disrupt or defraud users, members or staff of ours, CareValidate, the Healthcare Providers, or the Pharmacies, or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
• Act in a deceptive or fraudulent manner by, among other things, impersonating another person;
• Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Services;
• Misrepresent the source, identity, or content of information transmitted via the Website, including deleting the copyright or other proprietary rights or notices from any portion of the Website;
• Upload material (e.g., a virus) that is damaging to computer systems or data of or users of the Website or otherwise use the Website in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Website;
• Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
• Upload or send to Website users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
• Decompile, reverse engineer or disassemble the Website, in whole or in part, except as may be permitted by applicable law;
• Link to, mirror or frame any portion of the Website;
• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website;
• Attempt to gain unauthorized access to or impair any aspect of the Website or its related systems or networks or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
• Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, any features that prevent or restrict use or copying of any content accessible through the Website, or any features that enforce limitations on the use of the Website or the content therein;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
• Modify the Website in any manner or form, or use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website;
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website; or
• Use the Website for or in connection with any purpose that is unlawful or prohibited by these Terms.

We reserve the right to refuse service, remove or edit content, or cancel orders in our sole discretion.

9. Third-party sites

The Website may include links to or access to third-party websites, platforms, or services (collectively, "Linked Sites") solely for your convenience. We do not control, endorse, sponsor, or assume any responsibility for any Linked Sites or for any information, content, materials, products, or services made available through such Linked Sites. We make no representations or warranties, express or implied, regarding the accuracy, completeness, or reliability of any information, content, materials, products, or services available on or through any Linked Sites.

Your access to and use of Linked Sites is entirely at your own risk and subject to the terms and policies of the applicable third party. We encourage you to review the applicable terms of use and privacy policies governing your use of any Linked Sites before interacting with them.

10. Data retention

We reserve the right to retain personal information for as long as reasonably necessary to (i) provide and maintain the Services; (ii) comply with applicable legal, regulatory, accounting, or reporting obligations; (iii) resolve disputes and enforce our agreements; or (iv) pursue our legitimate business purposes consistent with applicable law, but are only obligated to do so as long as required by applicable law. We may delete or anonymize personal information when it is no longer needed for these purposes, unless a longer retention period is required or permitted by law or by an applicable agreement.

For additional information regarding how personal information is collected, used, shared, and retained, please review our Privacy Statement, which describes the data practices of ours, CareValidate, the Healthcare Providers, and Pharmacies, as applicable.

11. Indemnification

You agree to defend, indemnify, and hold harmless us and CareValidate, our respective affiliates, and our and their respective officers, directors, employees, agents, licensors, and contractors, as well as any third parties that offer products or services in connection with the Services, including the Healthcare Providers and Pharmacies (collectively, the "Indemnified Parties"), from and against any and all claims, demands, actions, suits, proceedings, damages, judgments, settlements, losses, liabilities, costs, and expenses, including reasonable attorneys' fees and litigation expenses, arising out of or relating to: (i) your use of the Services; (ii) your fraud, willful misconduct, or violation of applicable law; (iii) your breach of these Terms; or (iv) your infringement or violation of the rights of any other person or entity.

The Indemnified Parties reserve the right, at their own expense, to assume exclusive control of the defense and settlement of any claim subject to indemnification under this Section, and you agree to cooperate reasonably with the defense of such claim. You may not settle any claim subject to indemnification without the prior written consent of the applicable Indemnified Party if such settlement imposes any obligation, admission, or liability on that Indemnified Party.

12. Disclaimer of warranties

WE AND CAREVALIDATE ARE NOT PROVIDERS OF MEDICAL TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION OR HEALTH CONCERN AND, IF YOU HAVE A PHYSICIAN OUTSIDE THE SERVICES, KEEP YOUR PHYSICIAN INFORMED OF THE MEDICAL TREATMENTS YOU ARE RECEIVING.

THE SERVICES ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, CAREVALIDATE, THE HEALTHCARE PROVIDERS AND PHARMACIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE, CAREVALIDATE, THE HEALTHCARE PROVIDERS AND PHARMACIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, OR FREE FROM TECHNICAL FAILURES, OR MAKE ANY WARRANTY REGARDING THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION, MATERIALS, OR CONTENT MADE AVAILABLE THROUGH THE SERVICES. WE, CAREVALIDATE, THE HEALTHCARE PROVIDERS AND PHARMACIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS, DELAYS, INTERRUPTIONS, OR TECHNICAL MALFUNCTIONS OF NETWORKS, SYSTEMS, SERVERS, SOFTWARE, INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS SYSTEMS, OR COMPUTER EQUIPMENT, OR FOR ANY INJURY OR DAMAGE TO USERS OR THIRD PARTIES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. WE AND CAREVALIDATE ARE ALSO NOT RESPONSIBLE FOR KEEPING BACKUP COPIES OF YOUR INFORMATION THAT IS STORED ON THE PLATFORM FOR ANY LONGER THAN IS REQUIRED BY LAW; AS A RESULT, YOU SHOULD KEEP YOUR OWN COPIES OF YOUR INFORMATION THAT IS STORED ON THE PLATFORM.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties. To the extent such laws apply to you, some or all of the above disclaimers may not apply, and you may have additional rights under applicable law.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, CAREVALIDATE, OUR OR THEIR AFFILIATES, OR ANY THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICES, INCLUDING THE HEALTHCARE PROVIDERS OR PHARMACIES (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR REPUTATION, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICES, INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICES.

This limitation applies regardless of the legal theory asserted, whether based in contract, tort (including negligence), warranty, statute, or otherwise, and regardless of whether any Covered Party has been advised of the possibility of such damages.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COVERED PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO US OR CAREVALIDATE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (US $100).

Any claim or cause of action arising out of or relating to your use of the Website, Services, or Content must be brought within one (1) year after the date on which the claim or cause of action first arose, or such claim or cause of action is permanently barred.

You understand and agree that your use of the Website and Services is predicated on your waiver of any right to participate in a class action or representative action for any claims arising out of or relating to your use of the Website or Services, except as expressly provided in the Arbitration Agreement.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. To the extent such laws apply to you, the limitations and exclusions set forth in this Section shall apply only to the maximum extent permitted by applicable law.

14. Arbitration agreement with class action waiver

PLEASE READ THIS PROVISION CAREFULLY. This provision (the "Arbitration Agreement") requires you to arbitrate disputes on an individual basis and limits the manner in which you may seek relief.

Informal resolution first. Before starting an arbitration or any other proceeding, you agree to contact us at support@eternaiq.com and give us an opportunity to resolve the Dispute informally.

You agree that any dispute, claim, or controversy arising out of or relating to this Arbitration Agreement, these Terms, the Privacy Statement, the Website, the Services, or the advertising or marketing practices, products, or services of ours, CareValidate, the Healthcare Providers, and Pharmacies (collectively, the "Disputes") shall be resolved by binding, final, and confidential arbitration on an individual basis before a single arbitrator administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect.

This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16, and shall be interpreted broadly consistent with the FAA. The arbitrator shall have exclusive and sole authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.

The arbitrator shall apply the substantive law of the State of Wyoming, to the extent consistent with the FAA. The arbitrator may award any relief available in an individual action under applicable law, including compensatory and statutory damages and attorneys' fees and costs where authorized by statute. The arbitrator may award injunctive or declaratory relief only to the extent necessary to resolve your individual claim and may not award relief that would affect other users or the public at large.

The arbitrator may resolve only individual Disputes between you and us, CareValidate, the Healthcare Providers, and Pharmacies, and may not consolidate claims or proceedings or hear class, collective, representative, or private attorney general claims or requests for relief on behalf of other individuals.

If a court or arbitrator determines that any portion of this Arbitration Agreement is unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and may be brought in court, and all remaining claims shall be arbitrated.

Notwithstanding the foregoing, we and CareValidate may seek injunctive or equitable relief in state or federal court to protect our or their intellectual property rights, including claims arising from actual or threatened misappropriation, infringement, or unauthorized use of intellectual property. You agree that venue is proper and that you are subject to personal jurisdiction in such courts.

Opting out. You may opt out of this Arbitration Agreement by emailing support@eternaiq.com within thirty (30) days after you first accept these Terms, with your name, the email address associated with your account, and a clear statement that you are opting out of the Arbitration Agreement. Opting out does not affect any other part of these Terms.

Unless you timely opt out, you understand and agree that you are waiving the right to: (a) have a court or jury decide your Dispute; (b) obtain discovery to the same extent as in court; (c) participate in a class, collective, or representative action, whether as a representative, member, or opponent; (d) act as a private attorney general; or (e) join or consolidate your Dispute with that of any other person. Other rights that would be available in court may also be unavailable in arbitration.

15. Miscellaneous

Waiver and Severability. To the extent that a court of competent jurisdiction determines any part of the terms and conditions in these Terms to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these Terms will remain in full force and effect. Our failure to exercise or enforce a legal right, remedy, or benefit which is contained in these Terms or any applicable law does not constitute a waiver of our right to do so later.

Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Wyoming, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), except where mandatory consumer protection laws in your state of residence apply. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in Wyoming, and you consent to personal jurisdiction there, unless applicable law requires otherwise.

Assignment. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns, and licensees. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of these Terms.

Suspension and Termination. We may suspend or terminate access to the Services if you violate these Terms, pose a security risk, or as required by law. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive.

Entire Agreement. These Terms, together with any additional terms, policies, or agreements expressly incorporated by reference or posted by us or in connection with the Website or the Services, constitute the entire agreement between you and us regarding your access to and use of the Website and Services, and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof, including any prior versions of these Terms.

16. Contact us

Questions about these Terms:

• Eterna IQ LLC, 30 N Gould St Ste R, Sheridan, WY 82801
• Email: support@eternaiq.com
• Patient portal: https://care.eternaiq.com