Therapeutically Connected Wellness Terms & Conditions

Effective Date: September 8, 2025

Therapeutically Connected Wellness, Inc and its affiliates (“Therapeutically Connected Wellness,” “us” or “we”) provides content and products via therapeuticallywell.com (the “Website”), our application (the “App”), or other delivery methods (the Website, the Apps and such content and products are collectively the “Product”). Therapeutically Connected Wellness is not a provider of healthcare or mental health services.

These Terms & Conditions (these “Terms”) govern your access to and use of the Products and Services. The term “Device” refers to the device which is used to access the Products or Services, including but not limited to computers, smartphones, and tablets. The term “you” refers to the user of the Products or Services.

Protecting and safeguarding any personal information you provide through the Products and Services is extremely important to us. Information about our privacy practices can be found in our Privacy Policy (“Privacy Policy”). You acknowledge that your use of the Products and Services is also subject to our Privacy Policy.

YOU AGREE THAT THE PRODUCTS ARE NOT INTENDED TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE LOCATED IN THE UNITED STATES AND YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CONTACT 911 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THESE PRODUCTS. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, PLEASE CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST EMERGENCY ROOM.

1. WHAT YOU’RE SIGNING UP FOR

1.1 PRODUCTS AND SERVICES

Products include, without limitation, meditation and mindfulness content for stress, sleep, focus and movement.

1.2 GENERAL RULES FOR USE OR ACCESS

(a) When you order (“Order”) any Products or Services, or otherwise use or access the Products or Services, you agree to be bound by these Terms and all applicable laws, rules, regulations, judicial orders, executive orders or similar binding legal instruments (“Applicable Law”). You may be required to click “I agree” to complete your purchase or access to the Products and Services. If you do not agree to these Terms, please do not use the Products or Services.

(b) These Terms and the applicable Order set out the whole agreement between you and us for the supply of the Products and Services unless expressly stated otherwise. For instance, in order to use or access certain Products or Services or other special offerings, you may be required to agree to additional terms and conditions or policies; those additional terms or policies are hereby incorporated into these Terms. Where such terms or policies are inconsistent with these Terms, the additional terms or policies will control.

(c) Please check that the details in these Terms and on the applicable Order are complete and accurate before you use or purchase the Products or Services. If you think that there is a mistake in these Terms or an Order, please contact us by emailing info@therapeuticallywell.com.

(d) Use of the Products and Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Products and Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

1.3 CHANGES TO TERMS

Therapeutically Connected Wellness reserves the right to change or update these Terms, or any other of our policies or practices, at any time. If a change to these Terms materially modifies your rights or obligations, we may notify you and require that you accept the modified Terms in order to continue to use the Products or Services. We may notify you of such changes via pop-up or push notifications within the Products or via email. If you continue to use the Products or Services after modification, you agree to abide by the modified Terms.

2. JOINING THE COMMUNITY

2.1 BECOMING A MEMBER

(a) To access the Products or Services, you must sign up as a registered user (a “Member”). You can do this via our Websites, our Apps or via certain third-party social networking services. If you become a member via a third-party, such third-party terms and policies may apply. To become a Member, you need to provide certain personal information, including but not limited to, your first name, last name, email address, date of birth and a password to be used in conjunction with that email address (“User Information”). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account. In order to access or use certain Products or Services, you may need to provide additional User Information.

(b) By registering as a Member and using and/or accessing the Products or Services, you warrant that: (i) you are legally capable of entering into binding contracts; (ii) all User Information you submit is truthful, accurate, and up to date; (iii) you will maintain the accuracy of such information; and (iv) your use of the Products and Services does not violate these Terms or any Applicable Law.

(c) Member accounts and Subscriptions (as defined below) are not transferable. You agree to not sell, transfer, or exchange Member accounts or Subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or Free Trials (as defined below) or Subscriptions.

2.2 CHILDREN

Our Products and Services are generally intended for individuals at least 18 years of age. There are limited exceptions:

(a) If you are in the US and 13-17 years old, you may access our Products via our Therapeutically Connected Wellness, with consent of parent. We do not support Members under the age of 13. You may notice some content in our Products that appears geared towards children. This content is only meant for you to share with your child under your supervision, and does not require or allow your child to sign up as a registered user.

2.3 SUBSCRIPTIONS & PURCHASES

(a) Free Trials. You may have access to a free trial period of certain Products (“Free Trial”). You are only allowed one Free Trial regardless of your subscription method. We reserve the right to determine eligibility for Free Trials, which may vary based on factors including the Product or Service you select and whether you have redeemed a Free Trial previously. Free Trials automatically convert to a paid annual or monthly subscription term after a certain period of time. You can disable the automatic conversion by following the cancellation instructions set forth below prior to the date of conversion.

(b) Automatically Renewing Subscriptions. Members may access the Products or Services via a subscription fee-based program (“Subscription”). Subscriptions may be available via monthly or annual options (“Subscription Term”). For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. Subscriptions may be charged separately for Products and Services. If you activate a Subscription, you authorize Therapeutically Connected Wellness to periodically charge, on a going-forward basis all accrued sums (“Subscription Fee”) on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Product or Service (“Subscription Billing Date”) for all applicable fees and taxes for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or Therapeutically Connected Wellness terminates your Subscription or your account.

(c) Subscription Cancellation. You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. See more about cancellation at Section 3.

(d) No Refunds on Subscriptions. Refunds cannot be claimed for any partial Subscription Term. Therapeutically Connected Wellness will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information) (“Payment Method”). You will only have access to the Products and Services while your Subscription is active and subsisting.

(e) Subscription Methods. You may subscribe via: (i) purchasing a subscription to the Products or Services from the Website or within the Apps where allowed by the App marketplace partners, (ii) a Benefit Sponsor (as defined in Section 2.5) or (iii) a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

(f) Purchases. You may access some Products by paying Therapeutically Connected Wellness or our App marketplace partners a non-recurring fee at the time of registration (“Purchase”). If you make a Purchase, you authorize Therapeutically Connected Wellness or our App marketplace partners, as applicable, to charge all accrued sums (“Fees”) on the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase the Product. Please note that the sale is final for all Purchases, and we will not provide a refund.

(g) Discounts. Therapeutically Connected Wellness may offer certain special discount pricing options (the “Special Discount Pricing Options”). Such Special Discount Pricing Options will only be available to qualified users (the “Qualified Users”). Therapeutically Connected Wellness reserves the right to determine if you are a Qualified User in our sole discretion. Additional terms may apply to such Special Discount Pricing Options.

(h) Prices in US Dollars and Euros include local taxes. Prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.

2.4 PAYMENT TERMS

(a) Your use of the Products and Services may require you to pay fees. We reserve the right to determine pricing for the Products and Services. We will make reasonable efforts to keep pricing information published on our Website up-to-date.

(b) You are responsible for all applicable fees and charges incurred, including applicable taxes, unless otherwise stated in your Benefit Sponsor terms and conditions or otherwise agreed to in writing between the parties. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. In order to access the Products and Services, you may be required to provide your payment information. You agree to promptly notify Therapeutically Connected Wellness of any changes to your Payment Method while any payments remain outstanding. You authorize Therapeutically Connected Wellness or a third-party payment processor to charge all fees for the Products and Services, including all applicable taxes, to the Payment Method. If you pay any fees with a credit card, we (or a third-party payment processor) may seek pre-authorization of your credit card account prior to purchase to verify that the credit card is valid and has the necessary funds or credit to cover your purchase. If we use a third-party payment processor, such as Stripe, their use of your personal information is subject to their applicable terms of service and privacy policy.

(c) In the course of your use of the Products or Services, Therapeutically Connected Wellness and its third-party payment processor may receive and use updated credit card information from your credit card issuer to prevent your Subscription from being interrupted by an outdated or invalid card. This information is provided to Therapeutically Connected Wellness and Therapeutically Connected Wellness’ third-party payment processor at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. You agree not to hold us responsible for banking charges incurred due to payments on your account.

2.5 CHANGING FEES AND CHARGES

We reserve the right to change our subscription fees, plans or adjust pricing for our Products and Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

3. CANCELING MEMBERSHIP

3.1 CANCELLATION BY US

We may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products or Services or recording of the Services. Such termination or suspension may be immediate and without notice. If we terminate your account, you may receive a pro rata refund of fees that you prepaid for the Services.

3.2 CANCELLATION BY YOU

(a) You may cancel your Subscription at any time. Cancellation of a monthly Subscription is effective at the end of the applicable monthly period and cancellation of an annual Subscription is effective at the end of the applicable annual period. Please make any such cancellation by emailing info@therapeuticallywell.com.

(b) Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. If you purchase a Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a Subscription via Apple or Google, you may be subject to their additional terms.

3.3 CANCELLATION FEES

Some features of the Products and Services are subject to certain cancellation fees, as disclosed via the Products and Services. We may suspend or terminate access to the Products and Services for any account for which any amount is due but unpaid. In addition to the amount due, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

4. PROHIBITED USE OF THE PRODUCTS AND SERVICES

By using the Products and Services you agree not to:

(a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Products;

(b) record the Services;

(c) use the Products (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever;

(d) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products;

(e) interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products;

(f) access the Products in an unauthorized manner, including in violation of any local, state, national or international law

(g) circumvent any territorial restrictions applied to the Products;

(h) perform any fraudulent activity including impersonating any other person or entity while using the Products;

(i) conduct yourself in an offensive manner while using the Products (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease);

(j) use the Products for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes);

(k) use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Therapeutically Connected Wellness;

(l) rent, lease, loan, make available to the public, sell or distribute the Products or Services in whole or in part or use the Products except for your own personal use;

(m) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

(n) use any automated tools or systems to extract, collect, or analyze data or content from the Products for any purpose, including training machine learning models or large language models (LLMs) without the express written consent of Therapeutically Connected Wellness;

(o) sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or

(p) attempt to do any of the acts described in this Section or as otherwise prohibited by these Terms or assist or permit any person in engaging in any of the acts described in this Section or otherwise as prohibited by the Terms.

We reserve the right to immediately terminate your access to or use of our Products or Services if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach these Terms.

By breaching the provisions of this Section, you may commit a criminal offense under Applicable Law. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products and Services will cease immediately.

We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person.

5. MATTERS OF OWNERSHIP

The Products, including the source code for the Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of Therapeutically Connected Wellness and its licensors and suppliers.

5.1 COPYRIGHT

(a) All materials (including but not limited to software and content whether downloaded or not) contained in the Products and Services (“Materials”), are owned by Therapeutically Connected Wellness (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. The Materials are valuable property and that other than any specific and limited license for use of such Materials, you will not acquire any ownership rights in or to such Materials. The Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent. ‍

(b) Materials on or in the Products or Services are the property of Therapeutically Connected Wellness or third-party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of Section 11 against you. ‍

(c) Audio or video content from Therapeutically Connected Wellness not explicitly indicated as downloadable may not be downloaded or copied from the Products, Services or any Device. ‍‍

(d) The Products and Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Products or Services. ‍‍

(e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products or Services. If you make other use of the Products or Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Therapeutically Connected Wellness will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. ‍

5.2 TRADEMARKS

Therapeutically Connected Wellness®, the Therapeutically Connected Wellness logo and all other Therapeutically Connected Wellness product or service marks are trademarks of Therapeutically Connected Wellness. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products and Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Products and Services is strictly prohibited. Therapeutically Connected Wellness will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

6. AVAILABILITY OF PRODUCTS AND SERVICES

Although we aim to offer you the best service possible, we make no promise that the Products and Services will meet your requirements and we cannot guarantee that the Products and Services will be fault free. If a fault occurs in the Products or Services, please report it to us at info@therapeuticallywell.com and we will review your concern and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products and Services while we address the fault. We will not be liable to you if the Products and Services are unavailable for a commercially reasonable period of time. ‍

Your access to the Products and Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new Services or Products. We will restore the Products and Services as soon as we reasonably can. In the event that the Products and Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing info@therapeuticallywell.com. ‍

We may change or discontinue, temporarily or permanently, any feature, component, or content of the Products or Services at any time without notice to you. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by us, without prior notice to you. Apart from the pro rata refund of any prepaid fees in Section 3.1, you agree that Therapeutically Connected Wellness will not be liable to you for any unavailability, modification, suspension or discontinuance of any feature or component of the Products and Services. ‍

Notwithstanding anything to the contrary in these Terms, Therapeutically Connected Wellness affiliated partners, will retain records (as applicable) with respect to your use of the Services for a period of ten years from the date of your last use of the Service or as required by Applicable Law, and provide you access thereto in accordance with Applicable Law.

‍7. USER MATERIAL

7.1 The Products and Services may let you submit material to us, for example, you may be able to post comments or images in certain functions or features of the Product or Services. “User Material” refers to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product or Service purchase, or Product or Service use information which you provide in registering for and using Products or Services. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so. ‍‍

7.2 We do not systematically review all User Material submitted by you or other users. However, we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Products or Services for operational and other purposes. If at any time we choose to monitor such information, we assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. ‍‍

7.3 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products or Services, particularly where User Material breaches this Section, and we may do this with or without giving you any prior notice. ‍‍

7.4 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Therapeutically Connected Wellness or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Therapeutically Connected Wellness. We may indirectly commercially benefit from use of your User Material. ‍‍

7.5 Each time you submit User Material to us, you represent and warrant to us as follows:

(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.

(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.

(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.

(e) You will not collect email addresses of users for the purpose of sending unsolicited email.

(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.

(g) You will not engage in any automated use of the system, such as using scripts to alter our content.

(h) You will not access, tamper with, or use non-public areas of the Products or Services, Therapeutically Connected Wellness computer systems, or the technical delivery systems of Therapeutically Connected Wellness providers.

(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf antivirus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or Services or any other Therapeutically Connected Wellness system or network or breach any security or authentication measures. ‍‍

7.6 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted. ‍‍

7.7 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Therapeutically Connected Wellness an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained in the User Material, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Therapeutically Connected Wellness may include your User Material in Therapeutically Connected Wellness distribution content that is made available to others through the Products. Be aware that Therapeutically Connected Wellness has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Therapeutically Connected Wellness and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.

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7.8 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products and Services or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products and Services, you grant, and you represent and warrant that you have the right to grant, to Therapeutically Connected Wellness an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained in the Submissions, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Therapeutically Connected Wellness has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Therapeutically Connected Wellness and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

8. THIRD PARTY TERMS AND LINKS

8.1 At times, we may contract with a third party to support the Products or Services we offer to you or to directly provide Services to you. In such instances, your use of the third party’s products or services will be subject to their applicable terms of service and privacy policy, which will be presented to you upon engagement with their product or service. To the extent that there is a conflict between these Terms and the terms of use for any of our third-party contracted entities, the third-party terms will apply. We reserve the right to change third-party providers at our sole discretion.

8.2 The Products may integrate, be integrated into, or be provided in connection with third-party products, services and content. As part of such integration we may transfer your information to the applicable third party service. These third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third party service’s use of your exported information.

8.3 We may provide links to other websites or services for you to access. Any access is at your sole discretion and for your information only. We do not review or endorse any of those third-party websites or services. We are not responsible in any way for: (a) the availability of; (b) the privacy practices of; (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

8.4 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products and Services must not be framed on any other website, nor may you create a link to any part of the Products and Services unless you have written consent to do so from Therapeutically Connected Wellness. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with Section 4. If you wish to make any use of material on or in the Products or Services other than that set out above, please address your request to info@therapeuticallywell.com.

9. ASSUMPTION OF RISK

By granting you the right to use the Products or Services, Therapeutically Connected Wellness does not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will the Therapeutically Connected Wellness Entities be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or Services or any activity you undertake in connection therewith. As between you and the Therapeutically Connected Wellness Entities, you are solely responsible for your use of the Products and Services and your health and medical conditions and treatment related thereto. The Therapeutically Connected Wellness Entities will have no liability for any unauthorized disclosure of your personally identifiable information caused by your actions or omissions.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT:

(a) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER. IF YOU ARE HAVING THOUGHTS OF HARMING OR KILLING YOURSELF, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE, AND IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CONTACT 911 (OR YOUR LOCAL EQUIVALENT) OR GO TO THE NEAREST EMERGENCY ROOM;

(b) THERAPEUTICALLY CONNECTED WELLNESS IS NOT A LICENSED MEDICAL CARE PROVIDER; DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS; HAS NO EXPERTISE IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; AND IS NOT YOUR HEALTHCARE PROVIDER;

(c) THERAPEUTICALLY CONNECTED WELLNESS IS NOT AND DOES NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT;

(d) ANY WRITTEN MATERIAL PROVIDED BY THERAPEUTICALLY CONNECTED WELLNESS THROUGH THE PRODUCTS AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER;

(e) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION;

(f) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE PRODUCTS AND SERVICES;

(g) THE THERAPEUTICALLY CONNECTED WELLNESS ENTITIES ASSUME NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE PRODUCTS OR SERVICES; AND

(h) THE THERAPEUTICALLY CONNECTED WELLNESS ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR AS GENERATED BY THE PRODUCTS.

9.1 Meditation Assumption of Risk

While there is research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Therapeutically Connected Wellness makes no guarantees that the Products and Services provide a physical or therapeutic benefit. There have been rare reports where people with certain psychiatric conditions like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice.

9.2 AI Assumption of Risk

If you access and engage with our AI Companion, you will have access to an AI chat feature that allows you to undertake self-reflection and self-exploration. AI technology is not a human. It does not provide medical advice, or mental health services and is not a substitute for professional medical advice or mental health services. None of the advice provided by AI, the Website or the Products should be considered medical or clinical advice and none of such information is intended as medical or clinical advice. You should always talk to your physician or other healthcare professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on our Website, Apps. Do not stop taking any medications without speaking to your physician or other healthcare professional.

10. WARRANTIES AND DISCLAIMERS

10.1 THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THERAPEUTICALLY CONNECTED WELLNESS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THERAPEUTICALLY CONNECTED WELLNESS DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES OR ANY PORTION OF THE PRODUCTS AND SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCTS AND SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THERAPEUTICALLY CONNECTED WELLNESS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCTS OR SERVICES OR THERAPEUTICALLY CONNECTED WELLNESS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE THERAPEUTICALLY CONNECTED WELLNESS ENTITIES OR THE PRODUCTS AND SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

APPLICABLE LAW IN SOME JURISDICTIONS MAY IMPLY WARRANTIES, CONDITIONS, OR GUARANTEES OR IMPOSE OBLIGATIONS WHICH PROVIDE YOU WITH CERTAIN CONSUMER RIGHTS. THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND THERAPEUTICALLY CONNECTED WELLNESS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT THERAPEUTICALLY CONNECTED WELLNESS IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

10.2 Therapeutically Connected Wellness content should not be considered health care, a medical device, or considered medical advice. Only your physician or other health care provider can provide medical advice. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products and Services.

10.3 To the extent that you participate in any movement content featured in the Products or Services, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Therapeutically Connected Wellness has advised you of the necessity of doing so.

11. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE‍

11.1 We are committed to complying with copyright and related laws, and we require all users of the Products and Services to do the same. This means you may not store any material or content on, or disseminate any material or content over, the Products or Services in any manner that infringes of third-party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. ‍

11.2 Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. ‍‍

11.3 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. ‍‍

11.4 If you believe that your work has been copied and posted on the Products or Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

(g) Our designated agent for notice of claims of copyright infringement can be reached as follows: By Mail: Therapeutically Connected Wellness 12712 Heacock St. Ste. 3. Moreno Valley, CA 92553 or‍ By Email: info@therapeuticallywell.com.

12. ELECTRONIC COMMUNICATIONS CONSENT

Email, text messaging, push notifications and other electronic communication (“Electronic Communications”), such as posting notices on the Products or Services allow Therapeutically Connected Wellness to exchange information with you efficiently in connection with the provisioning of our Products and Services, product information, appointment reminders, and links to surveys.

Your use of the Products and Services means that you agree and consent to the use of Electronic Communications as an acceptable form of communication for the purposes of receiving our Products and Services and product information.

By providing us with your phone number, you consent to receiving SMS/text message communications from us related to the Products and/or Services, including marketing and promotional messages, even if the phone number you provide is registered on any federal or state Do-Not-Call registry. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You may opt out of receiving SMS/ text message communications from us at any time by replying “STOP”. We will send a final SMS message to confirm that you have been unsubscribed and after this you will no longer receive SMS messages from us.

You acknowledge that Electronic Communications may not be a completely secure means of communication, and there may be the potential for such communications to be accessed in storage or during transmission. We will limit the amount and type of confidential information disclosed in un-encrypted Electronic Communications in compliance with our privacy policy.

Applicable laws require that some of the information or communications we send to you should be in writing. You agree to transact with us electronically, and that communication with us will be mainly electronic. You acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at info@therapeuticallywell.com. Please be sure to state that you are requesting a copy of the particular communication.

If you wish to change your email address, phone number, or modify your preferences regarding the use of email and text communication, please contact us at info@therapeuticallywell.com. You can also contact info@therapeuticallywell.com to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Products or Services.

We reserve the right, in our sole discretion, to discontinue the provision of your Electronic Communications, or to terminate or change the terms and conditions on which we provide Electronic Communications. We will provide you with notice of any such termination or change as required by law.

13. INTERNATIONAL USE

If you are located outside of the United States, you may have access to our content. The purpose of such content is not the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease.

You may not export or re-export any Products except in full compliance with all Applicable Law, including in particular the Export Administration Regulations of the U.S. Department of Commerce.

You may not access to the Products or Services or any features thereof from countries or territories where such access is illegal, banned or restricted, including in any sanctioned countries or territories.

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. ‍

Therapeutically Connected Wellness is located at 12712 Heacock St. Ste. 3. Moreno Valley, CA 92553.

WELLNESS

Self-Care + Mental Wellness