Terms of Service

These terms exist to protect both of us. They explain what Elstori  is, what it isn't, and how we work together. We've tried to make them as clear and human as possible, because you deserve to know exactly
what you're agreeing to.

If you are in crisis — please reach out immediately

National Suicide Prevention Lifeline: call or text 988
Crisis Text Line: text HOME to 741741
Postpartum Support International Helpline: 1-800-944-4773

TERMS OF SERVICE
Effective date: September 17, 2026

INTRODUCTION AND ACCEPTANCE
Elstori, Inc. and its affiliates offer you access to its interactive online websites, mobile applications, and services. These Terms of Service, together with our Privacy Policy, Consumer Health Data Privacy Policy, and any additional terms which might apply to certain products, content, features, or services, govern your use of our
websites, including https://elstori.com/ and any other website where these Terms of Service are posted (the “Website(s)”) or any of our mobile widgets, services, or other applications (the “Application(s)”) (together, our
“Services”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF SERVICE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF SERVICE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN “AMENDMENT; ADDITIONAL TERMS” BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE OUR SERVICES. USE OF THE SERVICES SHALL BE DEEMED AS ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

DESCRIPTION OF SERVICES

We provide an online and mobile platform to support adult users during pregnancy, postpartum, motherhood, parenthood, and related life transitions. The Services may include educational and informational content, virtual support tools, chat or companion features, personal assessments, mood check-ins, personalized routines and schedules, planning tools, community features, direct messaging,
journaling features, some of which may be powered by or incorporate artificial intelligence
technologies, and other services that we may make available from time to time.

Elstori is not a licensed therapist, doctor, psychiatrist, psychologist, medical provider, crisis counselor, emergency service, or healthcare provider. The Services are not intended to diagnose, treat, cure, prevent, monitor, or mitigate any disease, condition, symptom, disorder, or health concern. THE SERVICES ARE NOT AN EMERGENCY COMMUNICATIONS SYSTEM AND SHOULD NOT BE RELIED UPON FOR URGENT, SAFETY-CRITICAL, MEDICAL, OR EMERGENCY SUPPORT OR NOTIFICATIONS. If you are experiencing a medical or mental health emergency, believe you may harm yourself or another person, or need urgent support, call emergency services or contact a qualified
healthcare or mental health professional immediately. You may also contact the 988 Suicide & Crisis Lifeline by calling or texting 988, text HOME to 741741 to reach the Crisis Text Line, or contact the Postpartum Support International Helpline at 1-800-944-4773.

INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features
included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned
by us, our licensors, our affiliates and/or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Service, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Service are expressly reserved.

ACCESS AND USE
We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis, on a per-use basis, through early member pricing, or under any other lawful pricing structure. In all instances, our
Services are not being sold to you; rather, you are being granted a limited, revocable, non-exclusive, non-transferable license to use our Services in accordance with these Terms. The license to use any paid Services does not necessarily transfer across operating systems, account types, organizations, users, mobile devices, computers, or other equipment unless we specifically tell you otherwise.

Payment Processing and Recurring Payments:
Certain Services may require payments to be made through the Website or Application. All payments made through the Website or Application are processed by independent third-party payment service providers (such as
Stripe, Apple Pay, Google Pay, or other authorized processors – “Payment Processors”). We do not collect or store your full payment card details, and we are not responsible for any errors, acts, or omissions of such Payment Processors. By submitting your payment information, you authorize the applicable Payment Processor to charge your selected payment method for all fees, taxes, and other charges disclosed to you at or before purchase.

If you purchase a subscription for or through the Services, you authorize the applicable Payment Processor to automatically charge your payment method at the then-current subscription rate on a recurring basis (e.g., monthly or annually, as applicable) until you cancel in accordance with these Terms of Service and the applicable
subscription terms. Before your subscription renews, you will be provided advance notice of renewal and any rate changes as required by applicable law. You may cancel your subscription at any time through your Account settings and you are responsible for all recurring charges incurred before cancellation becomes effective. Unless we state otherwise or applicable law requires otherwise, cancellation will be effective at the end of the then-current paid subscription period, and fees are non-refundable and non-prorated.

You are responsible for ensuring that your payment information is current and accurate. If a payment is declined or your payment method expires, we may suspend or terminate your access to the Website, Application, or other
Service until payment is successfully processed.

In the event of a payment dispute, including chargebacks, you agree to first contact us to attempt to resolve the issue before disputing a charge with your payment provider. We reserve the right to dispute any chargeback that
we believe is improper and to recover any associated costs.

Your use of a third-party Payment Processor is subject to that Payment Processors’ terms and conditions and privacy policy, which we encourage you to review – see “Third-Party Services/Terms” below. Our role is limited
to facilitating payments through such Payment Processors; we are not a bank, merchant of record, money transmitter, or payment processor.

Third-Party Services/Terms:
IN CERTAIN INSTANCES, YOUR USE OF OUR WEBSITE, APPLICATION, OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. IN SUCH INSTANCES, WE WILL ENDEAVOR TO PROVIDE NOTICE OF SUCH APPLICABLE TERMS IN THE PRIVACY POLICY, CONSUMER HEALTH DATA PRIVACY POLICY, OR OTHER APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

The Services may use or integrate with third-party services, including payment processors, app stores, email providers, SMS/text providers, push notification providers, social media platforms, hosting providers, analytics
providers, content storage providers, and other technology vendors (“Third-Party Services”). We do not own or control Third-Party Services and are not responsible for their availability, functionality, delivery failures, outages,
errors, security practices, privacy practices, data loss, unauthorized access, payment processing errors, or other acts or omissions. Your use of Third-Party Services is subject to the applicable third-party terms, conditions, and
privacy policies.

App Store. You acknowledge and agree that availability of our Applications and related Services depend on the third-party from whom you received the Application license, e.g., the Apple iTunes, Google Play, or other App stores. You acknowledge that these Terms of Service are between you and Elstori and not with the App Store. Elstori, not the App Store, is solely responsible for its Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g.,
product liability, legal compliance, or intellectual property infringement). In order to use our Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the applicable Application. You agree to comply with, and your license to use the Application is conditioned upon your
compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third- party beneficiaries of the Terms of Service and will have the right to enforce them.

Our Services are provided for use by you or your organization for personal or non-commercial use only. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Service or as we may otherwise permit,
you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content.

Any software that is made available to view and/or download in connection with our Services is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.

To the extent that our Websites, Applications, or other Services contain links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource.
AI Features. Certain features of the Services may use generative artificial intelligence, machine learning, automated tools, or third-party artificial intelligence providers that operate on or incorporate large language
models or similar technologies (“AI Features”) to generate responses, insights, summaries, recommendations, prompts, routines, schedules, or other content (“AI Output”). Before accessing AI Features, you may be asked to acknowledge the nature and limitations of those features or provide additional consent. By providing such
acknowledgment or consent, or by using AI Features, you acknowledge and agree that AI Output may be inaccurate, incomplete, inappropriate, delayed, biased, or unsuitable for your circumstances; may not reflect the
views of Elstori; and does not replace professional judgment. Your use of AI Features, including information you submit to or receive from AI Features, is subject to these Terms of Service, and, where applicable, our Privacy
Policy, Consumer Health Data Privacy Policy, or additional terms.

Furthermore, except as expressly permitted in these Terms of Service, you may not:

Use the Services in any unlawful, fraudulent, deceptive, abusive, harassing, bullying, threatening, misleading,discriminatory, obscene, or otherwise objectionable manner, or in a way that infringes or violates the rights of any
person or entity;
Use the Services to send marketing, fundraising, solicitation, advertising, promotional, or commercial messages unless we expressly enable that functionality and you have all required rights, permissions, and consents; Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or
through our Services or Service Content;
Circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content; Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website, Service Content, User Content, or other data for any purpose (except for that which routinely occurs through the use of
bona fide search engines) without our express written permission; Collect or harvest any personally identifiable information or non-personally identifiable information from our
Services including, without limitation, usernames, passwords, email addresses, phone numbers, health or wellness information, or community information;
Solicit other users to join or become members of any commercial online service or other organization without our
prior written approval;
Attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
Decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
Use network-monitoring software to determine architecture of or extract usage data from our Services;
Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Service.

You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You
are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or
in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.

USER REGISTRATION; SERVICE; PROMOTIONAL MESSAGES

In order to access or use some features of our Services, you may have to become a registered user. If you are under the age of eighteen (18), then you are not permitted to register as a user, sign up for any promotional messages, provide us any personal information, or otherwise use the Services. By using the Services, you
represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms of Service.

If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. You agree that all
information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy and, as applicable, Consumer Health Data Privacy Policy, and you consent to all actions we take with respect to your information consistent with our
Privacy Policy and Consumer Health Data Privacy Policy. During registration, you may create a username and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your
Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us by emailing support@elstori.com immediately if you become aware of any breach of security or unauthorized use of your Account.
Service Messages. You acknowledge and agree that from time to time, you may receive service-related communications from us, such as Account registration, payment confirmations, security alerts, changes to these Terms of Service, our Privacy Policy, Consumer Health Data Privacy Policy, and other administrative and
transactional notices. You authorize such communications by registering an Account, by providing your contact information, or by entering an agreement with Elstori that contemplates use of the Services. These communications are necessary to provide the Services, and you may not be able to opt out of them while maintaining an active Account or continued access to the Services.

Promotional Messages. Our Services may include sending you promotional e-mails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, results in messages being
automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any these communications from us, you will be required to register and provide certain information about you (e.g., full
name, street address, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy, and, as applicable, our Consumer Health Data Privacy Policy.

Emails/Newsletters. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy, or by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in
the footer of our emails).

Text/SMS Messages. In addition to these Terms of Service, the following specific terms apply to our recurring Text/SMS Message Service (“Message Service”): (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that,
depending on your service plan with your wireless services carrier, you may be charged message and/or data charges by your wireless carrier for each message; (2) by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the
Message Service; (3) depending on your settings and preferences, we may send you up to twelve (12) messages per month through our Message Service; (4) you may opt-out of receiving messages from us as set forth in our
Privacy Policy, or by texting “STOP” as a reply to any of our messages; (5) if you have any questions about our Message Service or need assistance, you may text “HELP” as a reply to any of our messages; (6) we are not aware
of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone; (7) we do not guarantee or warrant that you will receive all or any of our messages; and (8) our Message Service may be administered by a third party (the “Administrator”) and reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions.

USER CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, profile information, avatars, journal entries, mood entries, intake responses, assessment
responses, reflections, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and
protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right.
You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

You represent, warrant, and covenant that you will not submit any User Content that:
Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law; Encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law; Is an advertisement for goods or services or a solicitation of funds; Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; Contains a formula, instruction, or advice that could cause harm or injury; or is a chain letter of any kind.

For the avoidance of doubt, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

By submitting User Content to us, simultaneously with such posting you automatically grant, represent or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon
(including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or
technology now known or later developed for the full term of any copyright that may exist in such User Content.

Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Service. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen
personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”),
including, without limitation, your name and geographical location (e.g., “Leena P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our use of your Persona will be consistent
with the terms of our Privacy Policy or Consumer Health Data privacy Policy, where applicable.

We do not accept or consider, directly or through any employee or agent, unsolicited ideas of any kind, including without limitation, creative content, ideas, or suggestions relating to new or improved products, enhancements, names or technologies, advertising, and marketing campaigns, plans or other promotions. Do not send us (or any
of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply,
notwithstanding any cover letter or other terms that accompany them: We have no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential;
and We will own and may use and redistribute Unsolicited Materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial
purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including
their downstream users).

We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

E-COMMERCE
You must be at least eighteen (18) years of age or older to make purchases on any of our Services.
For subscriptions, paid features, and other Services sold directly by Elstori, we attempt to be as accurate as possible in our descriptions. However, we do not warrant that Service descriptions, feature descriptions, pricing
information, or other content of our Services is accurate, complete, reliable, current, or error-free. In the event a Service or paid feature is listed at an incorrect price or with incorrect information due to typographical error, technical error, or other mistake, we shall have the right to refuse or cancel any order or subscription placed for
the Service or paid feature listed at the incorrect price or with incorrect information. If your payment method has already been charged and your order is canceled, we will issue a credit or refund as required by applicable law or as otherwise determined by us in our sole discretion.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason, subject to applicable law. We may automatically charge and
withhold applicable taxes based on the transaction, billing information, location, or other relevant information. Otherwise, you are solely responsible for all taxes, levies, duties, or other governmental charges associated with
your purchases or use of the Services.

All requests for service and support for subscriptions, paid features, or other Services purchased from Elstori should be made through the support channels we provide.

SERVICE CONTENT; THIRD PARTY LINKS
We provide our Services including, without limitation, Service Content for educational, entertainment, communication, and/or promotional purposes only. You may not rely on any information and opinions expressed
through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content, AI Output, or other information made available through the Services. Under no circumstances will we be liable for any loss or damage caused by your
reliance on any Service Content or AI Output.

HEALTH CLAIMS. Any health-related Service Content or AI Output available is not intended to be a substitute for professional medical advice. THE INFORMATION AND CONTENT PROVIDED ON OR ACCESSED THROUGH THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF MEDICINE OR ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY ILLNESS OR DISEASE. THE INFORMATION PROVIDED IS INTENDED FOR GENERAL EDUCATIONAL AND
INFORMATIONAL PURPOSES ONLY. ANY INFORMATION PROVIDED SHOULD NOT BE RELIED UPON TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL,
ESPECIALLY IF YOU ARE PREGNANT, POSTPARTUM, NURSING, TAKING MEDICATION,
EXPERIENCING ANXIETY, DEPRESSION, OR OTHER MENTAL HEALTH SYMPTOMS, OR
MAKING DECISIONS AFFECTING YOUR HEALTH, YOUR CHILD, OR ANOTHER PERSON.

In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other
than our authorized employees or spokespersons while acting in their official capacities.
Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Elstori, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Elstori Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses
(including reasonable attorney’s fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Service; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to
cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless, defend, and indemnify the Elstori Parties from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits,
judgments, litigation costs and attorney’s fees.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE
ELSTORI PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (I) WARRANTIES
THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATION CONTENT
OF OUR SERVICES OR SERVICE CONTENT; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH, ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (V) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (VI) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SURE OR UNINTERRUPTED; (VII) WARRANTIES THAT ERRORS IN OUR SERVICES, SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED; (VIII) WARRANTIES THAT COMMUNICATIONS, EMAILS, TEXT MESSAGES, PUSH NOTIFICATIONS, IN-APP MESSAGES, OR OTHER NOTICES WILL BE DELIVERED, DELIVERED TIMELY, OR RECEIVED;AND (IX) WARRANTIES REGARDING ANY COMMUNITY INTERACTION, PAYMENT, REFUND, OR THIRD-PARTY SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IN CONNECTION WITH
WELLNESS, VIRTUAL SUPPORT, COMMUNITY PARTICIPATION, AI FEATURES, MESSAGING,
PAYMENT, AND OTHER RELATED ACTIVITIES INHERENTLY INVOLVES CERTAIN RISKS,
INCLUDING BUT NOT LIMITED TO MISCOMMUNICATIONS, MISDIRECTED OR UNDELIVERED MESSAGES, INACCURATE OR INCOMPLETE INFORMATION, USER CONTENT DISPUTES, PRIVACY DISPUTES, PAYMENT DISPUTES, THIRD-PARTY SERVICE FAILURES, PHYSICAL INJURY, EMOTIONAL DISTRESS, ILLNESS, DISABILITY, PROPERTY DAMAGE, OR DEATH. BY ACCESSING OR USING THE SERVICES, YOU VOLUNTARILY ASSUME ALL SUCH RISKS, WHETHER KNOWN OR
UNKNOWN, FORESEEABLE OR UNFORESEEABLE, AND YOU AGREE THAT THE ELSTORI PARTIES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

LIMITATION ON LIABILITY UNDER NO CIRCUMSTANCES SHALL ANY OF THE ELSTORI PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT, IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS OR SERVICES RECEIVED OR ADVERTISED IN
CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL THE ELSTORI PARTIES EXCEED THE LESSER OF (A) THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR (B) $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability are not permitted; in such jurisdictions, some of the foregoing limitations may not apply to you.

TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of our Services for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Service. You agree that we are not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Services. Any suspension or termination shall not affect your obligations to us under these Terms of Service. The provisions of these Terms of Service (which by their nature should survive the suspension or termination of your Account or these Terms of Service) shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under “Miscellaneous.”

COPYRIGHT POLICY
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our Website, Application, or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (the “Designated Agent”). Our Designated Agent
is:

Legalinc Corporate Services Inc.  
131 Continental Dr
Suite 305
Newark, DE 19713 US

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. 

CHOICE OF LAW; JURISDICTION AND VENUE. These Terms of Service shall be construed in accordance with the laws of the State of Delaware without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our Services or these Terms of Service shall be subject to mandatory arbitration as set forth below and, if arbitration does not apply, brought exclusively in the state or federal courts of Delaware. We each waive any jurisdictional, venue, or inconvenient forum objections to such courts.

DISPUTE RESOLUTION; MANDATORY ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at 3723 Greenville Avenue, Dallas, Texas, 75206. We will contact you based on the contact information you have provided us.

If, after thirty (30) days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this section. The parties understand that they would
have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through arbitration.

We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, affiliate, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from AAA directly. The arbitration shall take place at a location mutually agreed to by the parties or, if no such agreement is reached, as determined by AAA.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce.
Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

Either of us may bring qualifying claims in small claims court. Furthermore, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.

NO CLASS ACTIONS. TO THE EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, EITHER TO JOIN A CLAIM WITH THE
CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER
PROCEEDING.

NO TRIAL BY JURY. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL
BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. AMENDMENT; ADDITIONAL TERMS

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Service. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique aspects of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Service. To the extent any Additional Terms conflict with these Terms of Service, the Additional Terms will control.

Modifications to these Terms of Service or Additional Terms will be effective immediately upon posting on the Website or in the Application. It is your responsibility to review the Terms of Service from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Service or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Service or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Account.

MISCELLANEOUS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Except where specifically stated otherwise, if any part of these Terms of Service is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Service shall be stricken and that the remaining terms

in the Terms of Service shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Service shall remain in full force and effect.

Where we have provided you with a translation of the English language version of these Terms of Service, our Privacy Policy, or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

These Terms of Service (including the Privacy Policy, Consumer Health Data Privacy Policy, and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter. You may not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Service or any rights hereunder without your consent and without notice.

If you are in crisis — please reach out immediately

National Suicide Prevention
Lifeline: call or text 988

Crisis Text Line:
text HOME to 741741

Postpartum Support International Helpline: 1-800-944-4773