Terms & conditions

Last updated November 2025

AGREEMENT TO OUR LEGAL TERMS

These terms (the "Legal Terms" or “Terms”) govern your use of the BetterBrain Health, Inc. website, located at https://betterbrain.com/ (the “BetterBrain Website”), as well as any other related products and services that refer or link to these legal terms (collectively, the "Platform").

You may only access and use the Platform, including its content and any products or services provided through the Platform or otherwise by BetterBrain (the “Services”) in accordance with these Terms. As part of offering the Services, BetterBrain contracts with Cognitive Nutrition & Wellness, LLC; Pesto Health, Inc.; Adept Labs, Inc. d/b/a Vital, its affiliate Openloop Healthcare Partners, PC; Cloud Health Medical Group, P.A.; and any future formed affiliated medical groups with which we may contract  (each a “Provider” and collectively “Providers”) to provide online telehealth consultations. Accordingly, our Services include the professional healthcare services provided to you by Providers through its contractual relationship with us, and your access to and use of these Services are subject to these Terms.

Throughout these Terms “BetterBrain”, “we”, “us”, and “our” means and refers to BetterBrain Health, Inc. and its current and future formed subsidiaries and affiliates. “You”, “your” means and refers to the person using the Services.

Please read the Legal Terms carefully before accessing or using the Services as it sets forth important information that you as a user (“You") need to understand about the Services. These Legal Terms constitute a legally binding agreement made between You, whether personally or on behalf of an entity as a user of the Services, and BetterBrain Health, Inc., concerning Your access to and use of the Services. You agree that by accessing, browsing, otherwise using the Services, You have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH THE LEGAL TERMS, THEN YOU MAY DISCONTINUE USE OF THE SERVICES IMMEDIATELY. YOU AGREE THAT THE AGREEMENT FORMED BY THESE LEGAL TERMS IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert You about any changes by updating the "Last updated" date of these Legal Terms, and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by Your continued use of the Services after the date such revised Legal Terms are posted.  

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. By using and accepting the Terms of the Services You are representing that you satisfy the eligibility requirements and agree to comply with all applicable United States laws and regulations, which may change from time to time.

We recommend that You print a copy of these Legal Terms for Your records.

1. OUR SERVICES

The Services offered by Company and Your actions as a user of the Services are intended to comply with all applicable laws and regulations at the federal, state, and local levels in the United States (collectively, “Applicable Law”).  

We provide personalized brain health assessments and health support services through data analysis to individuals who are concerned about dementia and cognitive decline. Our Services utilize and provide access to certain third-party services from the Providers in the diagnostic screening, genetic testing, telehealth, and cognitive testing spaces.

You will be able to provide information about yourself through interactive question and answer or information submission functions on the BetterBrain Website and may be connected with the Providers through hyperlinks that allow you to communicate and interact directly to ask questions or discuss your testing results and access healthcare services.

We do not control or influence the testing results or healthcare services offered by the Providers, the practice of medicine through telehealth services, or any other medical care or treatment that is provided to You. By accepting the Terms, you acknowledge and agree that BetterBrain is not a healthcare provider and that in using the Services, you are not entering into a provider-patient relationship with BetterBrain. You acknowledge that it is Your responsibility to consult Your medical provider as appropriate for any Provider healthcare, diagnosis, testing, or treatment relating to any medical condition and agree that you will not hold BetterBrain or its affiliates responsible in any way for any loss, injury, or claim of any kind in relation to services provided by Providers or for failure to consult a healthcare professional regarding medical diagnoses or treatment based on obtaining testing results or use of the Services.

The Services, as shown on the BetterBrain Website, are not currently intended for use outside of the United States in any foreign jurisdiction. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to such law or regulation which would subject Company to any registration requirement within such jurisdiction or country.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. Any unauthorized use of any Content or Marks is prohibited and may be prosecuted to the fullest extent of the law.  No licenses, express or implied, are granted by us to you under any patent, copyright, trademark, trade secret, or other intellectual property right of BetterBrain and all such rights are reserved and retained by BetterBrain.  ALL RIGHTS RESERVED.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.

The Services are intended solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: legal@betterbrain.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

AI-based Services: By accessing certain features, you may interact with AI-powered tools, including our proprietary assistant “BeBe.” These tools are designed to provide general educational guidance based on your inputs and publicly available information but do not offer medical advice or diagnoses. All such features are informational only and not a substitute for professional advice from a qualified provider.

We may use de-identified or aggregated data to improve the performance of these tools. Any identifiable health data will be used only in accordance with our Privacy Notice and applicable privacy laws, including with your explicit consent or authorization where so required.

3. USER REPRESENTATIONS AND RESPONSIBILITIES

By using the Services, You represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any Applicable Law.

If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You represent and warrant that: you will use the Services under these Legal Terms in compliance with all Applicable Law; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. The Services that are not considered healthcare services shall be offered and provided on an out-of-pocket cost basis and not intended for coverage or reimbursement through any federal, state, or private payor healthcare insurance plans or programs, including any HSA or FSA credit cards or plans. However, Your use of Provider services which are obtained directly with such parties may be billed and processed separately.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, You agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any Applicable Law.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

7. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, You shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

9. PRIVACY NOTICE

We care about data privacy and security. We are committed to respecting the privacy of the personal information of the individuals with whom we interact. By using the Services, you agree to be bound by our Privacy Notice for the Services, which is incorporated into these Legal Terms.

In using the Services, you are creating a direct relationship with us and Your access to the Services as a user will provide us with certain contact, billing, and other personal information that we may use and disclose only in accordance with our Privacy Notice and Applicable Law. Please review the Privacy Notice for more information on how we protect your information and your rights under Applicable Law.

10. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

12. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

13. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either You or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow Applicable Law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or Applicable Law, the arbitration will take place in the State of New York of the United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, each part hereby submits to the exclusive jurisdiction of the state and federal courts located in the city of New York, Borough of Manhattan and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Class Action, Class Arbitration, and Jury Trial Waiver

You and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

14. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

15. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

16. LIMITATIONS OF LIABILITY

IN NO EVENT WILL BETTERBRAIN OR OUR, LICENSORS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold BetterBrain harmless, including our licensors, affiliates, directors, officers, agents, and employees, from and against any and all loss, damage, liability, claim, or demand, (including reasonable attorneys’ fees and expenses), due to or arising out of: (1) use of the Services or any Provider services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. USER DATA

We will maintain certain data that You transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to Your use of the Services. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Services. You agree that we shall have no liability to You for any loss or corruption of any such data.

Protecting Your privacy is our top priority. The data used for identifying relevant clinical trials, medical services, or therapies will be handled with the utmost care and in compliance with our Privacy Notice. We will only share Your data with trusted third-party organizations involved in these activities only as authorized by You and as permitted by Applicable Law.

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any Applicable Law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

BetterBrain SMS Program

a. The BetterBrain SMS Program provides important health-related notifications via text message. These may include reminders to schedule laboratory tests and telehealth consultations, alerts about upcoming appointments, notifications about new information relevant to you, and periodic check-ins to monitor your progress with our brain health services. These messages are designed to support your ongoing health journey with BetterBrain.

b. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, you may opt back in by adjusting your user settings and we will start sending SMS messages to you again.

c. Carriers are not liable for delayed or undelivered messages.

d. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary, but you will receive SMS messages on average 2-3x per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

e. You understand SMS text messages are not always secure because they travel over networks that we do not control. As a result, the transmission of data over the internet and mobile networks is not 100% secure. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating SMS Enrollment, you consent to sending text messages to BetterBrain, and receiving text messages from BetterBrain, that are not fully encrypted.

f. If you have any questions regarding privacy, please read our Privacy Notice.

20. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

21.   MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. Any provisions of these Legal Terms that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Legal Terms or of your access to or use of the Services. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

22. HEALTHCARE DISCLAIMER

The Services provided by Company, including but not limited to, assessments, analysis, recommendations, and all other content are not intended to replace or substitute any of Your primary care, specialist, or other professional medical advice, diagnosis, or treatment and do not establish a provider-patient relationship. The Services provided by Company are designed to support, not replace, the relationship that exists between You and Your healthcare provider(s). The information and reports generated by us should not be interpreted as a medical opinion, diagnosis, cure, or treatment of any disease, condition, ailment, or identified health risk.

We do not provide medical diagnostic services, and the use of any information provided on or through the Services is obtained and accessed solely at your own risk. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately for such evaluation, diagnosis, and treatment. Do not disregard, avoid, or delay obtaining medical advice from a healthcare professional because of something You may have read on or though the Services. We may even notify you from time to time with a recommendation to discuss any information obtained through the Services with Your healthcare provider. We encourage you to talk to your healthcare provider prior to obtaining any tests, including genetic tests, from Providers, and upon receiving any testing results, to ensure You understand Your results, and any information that may become a part of Your medical history.  

The use of any information provided on the Services is solely at your own risk. IF YOU ARE IN THE UNITED STATES AND THINK YOU HAVE A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTHCARE PROVIDER, OR 911 IMMEDIATELY. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES, CONTACT YOUR LOCAL EMERGENCY SERVICES. Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the BetterBrain Website or offered through the Services. Reliance on any information provided by BetterBrain, BetterBrain affiliates, officers, directors, employees, or agents or on the BetterBrain Website is used, accessed, and obtained solely at your own risk.

The Services are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or any other conditions, and the information provided is not intended to be used to replace the relationship between you and your healthcare providers. Always seek the advice of Your physician or other qualified health provider with any questions or concerns You may have regarding a medical condition or information you have received through Company, including from a third-party industry partner that is not affiliated with and operates independently from Company for certain independent Provider services.

23. THIRD-PARTY TELEHEALTH SERVICES  

Telehealth is a mode of delivering healthcare services via communication technologies (e.g., internet or cellphone communication) to facilitate diagnosis, consultation, treatment, education, care management, and self-management of a patient’s healthcare. Telehealth services ARE NOT being offered or provided by BetterBrain and the information and links provided below are related to other unaffiliated Providers, their websites, and independent services. BETTERBRAIN MAKES NO CLAIMS, GUARANTEES, WARRANTIES, OR REPRESENTATIONS ABOUT THE UNAFFILIATED THIRD-PARTY TELEHEALTH SERVICES AND DISCLAIMS ALL LIABILITY RELATED TO THE OPERATION, EXPERIENCES, AND RESULTS OF SUCH THIRD-PARTY TELEHEALTH SERVICES.

You can access the third-party Telehealth provider services, including any required acknowledgment and consent, by clicking the external link here.  

24. AUTHORIZATIONS

Certain third-parties may contract with BetterBrain from time to time to grant access to their services and for the purpose of sharing health information regarding customers like You. As part of these third-party relationships, BetterBrain will facilitate sharing Your “Protected Health Information” (or “PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”) with other parties as governed by HIPAA, as a Business Associate, and as otherwise applicable under certain state laws and regulations. In some cases, such as for marketing or clinical research, BetterBrain may not share your PHI with other parties unless you have provided written authorization.

If you provide us with a written authorization to use or disclose your information for specific purposes as described above or otherwise, you may also have the right to revoke that authorization in writing at any time and your information will no longer be used or disclosed for the reasons stated in such written authorization. However, a revocation is not effective with respect to uses and disclosures of PHI already made in reliance on the authorization before the revocation was received.

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

BetterBrain Health, Inc

600 Superior Ave. E., Suite 1800

Cleveland, OH 44114

United States

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