TERMS OF USE

Last Updated: June 15, 2025

Welcome to the Dahlia Health platform (the "Platform"), which is owned and operated by Dahlia Health, Inc. ("Dahlia," "we," "our" or "us"). Dahlia allows Teenagers ("Teenagers") to interact with our virtual AI health assistant ("Daisy") and to find digital peer mentorship by pairing with a mentor ("Bloom Buddy") based on shared interests, experiences, and personality traits. The Platform, and our Bloom Buddies, are focused on providing mentorship for emotional support, wellness, goal setting, and other aspects of life for Teenagers.

IMPORTANT MEDICAL DISCLAIMER: Our Bloom Buddies do not provide any psychological or psychiatric therapy, medical or mental health services. Daisy, our AI chatbot, does not provide clinical services, medical diagnosis, treatment recommendations, or professional medical advice. Neither our AI nor our Bloom Buddies are licensed healthcare professionals. If you are seeking medical or mental health services, you should reach out to a licensed medical health professional for such services. DO NOT USE THE PLATFORM, REACH OUT TO BLOOM BUDDIES, OR RELY ON DAISY FOR ANY MEDICAL OR MENTAL HEALTH DIAGNOSIS, TREATMENT, OR CLINICAL DECISIONS, INCLUDING EMERGENCY MEDICAL NEEDS. IF YOU OR YOUR TEENAGER ARE EXPERIENCING A MEDICAL EMERGENCY, INCLUDING A MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY. THE INFORMATION, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, IMAGES AND OTHER MATERIALS CONTAINED ON THE PLATFORM, AND ALL AI-GENERATED RESPONSES FROM DAISY, ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OF A MEDICAL OR MENTAL HEALTH CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL/MENTAL HEALTH CONDITION OR TREATMENT.

This Terms of Use agreement (the "Terms") sets forth the legally binding terms and conditions between us and users for their use of the Platform and interaction with Bloom Buddies, as described on our website at https://www.dahlia.health/ (the "Services"). Please read these Terms carefully. The term "you" refers collectively to Parents and Teenagers identified during the Platform registration process. By completing the registration process, and/or by accessing or using the Platform, you represent that (1) you have read, understand, and agree to be bound by the Terms, (2) you have the authority to enter into these Terms personally, and (3) that each Teenager has reviewed this Agreement. Teenagers understand that they cannot later void this agreement with Dahlia as a minor without losing access to the Accounts (as defined below) and the Services, and Parents acknowledge that they are responsible for their Teenager's actions and any obligations their Teenager has incurred while accessing the features and functions of the Services. If you do not agree to be bound by these Terms, you may not access or use this Platform or the Services.

Auto-renewal. Please note that if you subscribe to the Services for an initial term, then these terms will be automatically renewed for additional subscription periods of the same duration as the initial term at Dahlia's then-current fee for the Services, unless and until you opt-out of the auto-renewal.

Supplemental Terms. Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.

Updates to These Terms. PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY DAHLIA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms available within the Platform. We will also update the "Last Updated Date" at the top of these Terms. If we make any material changes, and you have registered with us to create an Account we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Platform and will be effective thirty (30) days after posting notice of such changes on the Platform for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Platform or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. Dahlia may require you to provide consent to the updated Terms in a specified manner before further use of the Platform and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE THEN-CURRENT TERMS.

1. THE SERVICES AND ACCOUNT MANAGEMENT

Purpose. Dahlia provides the Platform to Teenagers to connect with Daisy, our AI chatbot, and Bloom Buddies for peer mentorship. Currently, our services include SMS-based AI chat with Daisy for health questions and emotional support, and live peer mentorship sessions with trained Bloom Buddies. In the future, we will launch a mobile application that will expand these services while maintaining our SMS platform.

Parental Consent Required. All current services require explicit parental consent before a Teenager can access any Dahlia Health services, including both AI chat and Bloom Buddy mentorship. Teenagers may only communicate with their Bloom Buddies through the Platform. We will take reasonable efforts to match Teenagers with Bloom Buddies that represent a good fit based on the materials supplied by you. However, we cannot guarantee that each Bloom Buddy will be the right fit. We will work with you to find a replacement if any Bloom Buddy relationship does not work out.

Service Limitations. The Platform provides peer mentorship and AI-powered conversational support only. Our services are not medical care, mental health treatment, psychological therapy, psychiatric services, or crisis intervention services. Bloom Buddies are trained peer mentors, not licensed healthcare professionals, therapists, or counselors. Daisy, our AI chatbot, does not provide clinical services, medical diagnosis, treatment recommendations, or professional medical advice, and is not a substitute for consultation with licensed healthcare professionals.

Accounts. Teenagers are entitled to their own account which permits them to connect directly with Daisy via SMS and their assigned Bloom Buddy ("Teenager Account"). Parents are entitled to an administrative account to manage their Teenager's subscription and provide required consent ("Parent Account"). All Teenager access to current services requires explicit parental consent through the Parent Account. The mobile application will allow downloads without parental consent; however, access to AI chat features and content within the mobile app will be gated and require parental consent. Bloom Buddy services will continue to require parental consent. Each subscription to the Services includes one Teenager Account and one Parent Account (each an "Account"). The Teenager Account and Parent Accounts are linked, but independent of each other and have different access to the Platform. Additional Teenagers can be added to a single Parent Account if necessary.

Account Credentials. When the Parent sets up a Parent Account and a Teenager Account, you must provide us with your email address and select a password (collectively, the "Account Credentials") and such other information we request. Once a Parent Account is created, Dahlia will reach out to the Teenager directly to set up the Teenager Account. We reserve the right to reject your Account Credentials and deny you access to the Platform at any time, for any reason, in our sole discretion. You may not transfer or share your Account Credentials with any third party, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Platform are authorized to do so. You are solely responsible for any and all use of your Account and all activities that occur under or in connection with your Account Credentials. You agree not to register for more than one Account. Please notify us immediately if you become aware that your Account is being used without authorization. Your Account Credentials will be treated in accordance with our Privacy Policy, which is located at https://www.dahlia.health/privacy-policy.

Your Responsibilities. By registering for an Account, you represent and warrant that all biographical information you transmit through the Platform to Dahlia is true, accurate and complete. You understand that if Dahlia becomes aware that you have breached this Section, Dahlia may suspend or terminate your Account immediately.

Updates. You understand that the Platform is evolving and may be constantly updated from time to time. As a result, Dahlia may require you to accept updates to the Platform. You acknowledge and agree that Dahlia may update the Platform with or without notifying you. You may need to update third-party software from time to time in order to use the Platform.

Dahlia Communications. By entering into these Terms, using the Platform, or using the Services, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or your use of the Platform and Services, updates concerning new and existing features on the Platform and news concerning Dahlia.

Accounts and Access Under Certain State Laws. Notwithstanding state-specific rights, all current Dahlia Health services (SMS-based AI chat and Bloom Buddy mentorship) require explicit parental consent regardless of the Teenager's age or state of residence. When our mobile application launches: Teenagers will be able to download the mobile application without parental consent in states that allow independent teen access to health services; access to AI chat features, health content, and Bloom Buddy services within the mobile app will require parental consent; in states where Teenagers are allowed to independently access health services without parental consent or involvement, and the Teenager explicitly chooses independent access, Parents will not be able to access information regarding the Teenager's activities on the Platform; there may be cases under applicable law where Parents are allowed access to certain information regarding independent Teenager accounts, regardless of the Teenager's preference.

2. BLOOM BUDDY COMMUNICATIONS

For Parents. Parents acknowledge and agree that a core component of a successful relationship between a Teenager and a Bloom Buddy is trust. We want Teenagers to be honest and candid with their Bloom Buddy in order to build and grow a successful relationship. As part of building this trust, you as Parent acknowledge and agree that there needs to be a level of confidentiality between the Bloom Buddy and Teenagers, and that in order to maintain that confidentiality, the communications between Bloom Buddies and Teenagers on or through the Platform are to remain confidential to those participants and that your Parent Account does not entitle you to review or request these communications. You will be updated by your Teenager's Bloom Buddy on general progress and receive regular updates and opportunities to set the direction of your Teenager's mentorship. Where required by law, our escalation policies, or our other internal policies, we may notify you of communications between your Teenager and our Bloom Buddies.

For Teenagers. Consistent with the above, Teenagers acknowledge and agree that Dahlia will make best efforts to ensure the confidentiality of your communications with your Bloom Buddy, including from your Parent. However, if we are required by law or our other internal policies, Dahlia may have a duty to report such communications to your Parent or to certain authorities. You acknowledge that we may do so in such circumstances.

3. DAISY AI COMMUNICATIONS

For Parents. Parents acknowledge and agree that communications between your Teenager and Daisy, our AI chatbot, are not monitored by human staff and are maintained as private conversations between your Teenager and the AI system. Your Parent Account does not entitle you to review or request transcripts of these AI conversations. Unlike our Bloom Buddy services, Daisy conversations are not subject to crisis monitoring or mandatory reporting protocols. Parents will not receive updates or notifications about Daisy conversations unless the Teenager voluntarily shares such information or as otherwise required by applicable law.

For Teenagers. Teenagers acknowledge and agree that your communications with Daisy, our AI chatbot, are private and are not monitored by Dahlia staff. However, you understand and agree that: (a) Daisy is an artificial intelligence system and not a licensed healthcare professional; (b) Daisy cannot provide medical diagnosis, treatment recommendations, or professional medical advice; (c) Daisy is not equipped to handle mental health emergencies or crisis situations; (d) if you are experiencing a crisis, you must seek help independently through appropriate resources (911, 988, 741741, or trusted adults); (e) conversation data may be used in de-identified form to improve our AI systems; and (f) we may be required to disclose communications if compelled by law or court order.

AI Limitations and Boundaries. All users acknowledge that Daisy operates within technological and ethical limitations. Daisy cannot: replace professional medical or mental health services; provide crisis intervention or emergency response; guarantee accuracy of all responses; maintain conversations indefinitely (subject to data retention policies); or override the requirement for human professional consultation for serious health matters.

4. CRISIS INTERVENTION AND MONITORING PROTOCOLS

AI Chat Services (Daisy via SMS). Our AI chatbot Daisy and SMS-based chat services are NOT monitored for crisis situations by human staff. Our AI is not equipped to detect or respond to mental health emergencies and does not provide clinical services, medical diagnosis, or treatment recommendations. Daisy's responses are for informational and emotional support purposes only and should not be relied upon for medical decisions. Users experiencing crisis situations while using AI chat must seek help independently by: contacting trusted adults (parents, guardians, caring adults); calling 988 (Suicide & Crisis Lifeline); texting "HOME" to 741741 (Crisis Text Line); calling 911 for emergency services.

Bloom Buddy Services (Live Peer Mentorship). Live interactions with Bloom Buddies ARE monitored and follow our crisis escalation and mandatory reporting protocols. Bloom Buddies are trained to recognize crisis situations and will: follow established crisis intervention procedures; notify parents/guardians when required by our protocols; connect users with appropriate professional resources; comply with mandatory reporting requirements as required by law.

Important Distinction. The level of crisis support and monitoring differs significantly between our AI chat services (unmonitored) and our live Bloom Buddy services (monitored). Users should understand these limitations when choosing how to engage with our platform.

5. MODIFICATION AND TERMINATION

Modification and Termination. You agree that we, in our sole discretion, may immediately suspend or terminate your access to the Platform or any part of the Services at any time, for any reason, including but not limited to: violation of these Terms; providing false or inaccurate information; inappropriate use of the Platform; non-payment of fees; as required by applicable law; for any other reason in our sole discretion. We also reserve the right, at any time, to modify the Services or to modify, suspend, or discontinue the Platform, or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Services or modification, suspension, or discontinuance of the Platform.

Onboarding Right of Refusal. You agree that we, in our sole discretion at any time in our onboarding process, may refuse to provide our services if it is deemed that: your Teenager is in immediate need of clinical or professional medical services; any user answers positively to questions of suicidality on assessment surveys; any user scores above designated thresholds on mental health screening tools (such as scoring 15 or above on the PHQ-9); we determine that our services are not appropriate for the user's needs; for any other reason in our sole discretion. We reserve the right to administer mental health assessment surveys at any time and to discontinue services based on the results.

Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof), unless we are required to retain a copy of content in accordance with applicable law. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your content from our live databases. Dahlia will not have any liability whatsoever to you for any suspension or termination, including for deletion of your content.

5. OWNERSHIP

Technology. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Platform, including the Platform ("Our Technology") are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Platform, according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Platform constitute trademarks, tradenames, service marks or logos ("Marks") of Dahlia or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Platform will be governed by such third parties' licenses and not by these Terms.

Platform License. Subject to your compliance with these Terms, Dahlia grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the features and functionality of the Platform. This license automatically terminates upon any violation of these Terms.

Feedback. You agree that submission of any ideas, suggestions, and/or proposals to Dahlia ("Feedback") is at your own risk and that Dahlia has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services and/or DAHLIA'S business.

Content. You acknowledge that all information you submit through the Platform and Services ("Your Content"), is your sole responsibility. This means that you, and not Dahlia, are entirely responsible for Your Content, and other users of the Platform, and not Dahlia, are similarly responsible for all information they share through the Platform and Services. By submitting Your Content, you grant Dahlia a fully paid, royalty-free, non-exclusive license to use, distribute, reproduce, publicly perform, and publicly display, Your Content (in whole or in part) for purposes of providing the Services. Dahlia will use Your Content in accordance with our Privacy Policy, which is located at https://www.dahlia.health/privacy-policy. We may aggregate and/or de-identify the information provided by you as well as information and data on how the Services are used by you. Dahlia reserves the right to disclose to and share such information and data with third parties in an anonymous and aggregate form at its discretion and to use such information and data to improve or evolve the Services and for any other legitimate business purposes.

Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Our Technology or Your Content or any portion thereof, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or Our Technology (including images, text, page layout or form) of Dahlia; (c) you shall not use any metatags or other "hidden text" using Dahlia' name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Our Technology except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Platform; (f) you shall not access Our Technology in order to build a similar or competitive application or service; (g) except as expressly stated herein, no part of Our Technology may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Our Technology. Any future release, update or other addition to Our Technology shall be subject to these Terms. Dahlia, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Our Technology terminates the licenses granted by Dahlia pursuant to the Terms.

Third-Party Materials. As a part of Our Technology, you may have access to materials that are submitted or hosted by another party. You agree that it is impossible for Dahlia to monitor such materials and that you access these materials at your own risk. We provide these materials only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third party materials.

7. FEES

The following Section 7 applies to Parents only. In order to enable your Teenager to access the Platform and be connected with Bloom Buddies, you may need to subscribe to the Services. Dahlia offers a subscription service to the Services and each subscription contains one Parent Account and one Teenager Account. Dahlia may offer you a free trial to access the Services for a certain time period. The following terms apply if you purchase a subscription to the Services:

Payment. You agree to pay all fees or charges to your Parent Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Dahlia with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider") information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Dahlia with your credit card number and associated payment information, you agree that Dahlia is authorized to immediately invoice your Parent Account for all fees and charges due and payable to Dahlia hereunder and that no additional notice or consent is required. You agree to immediately notify Dahlia of any change in your billing address or the credit card used for payment hereunder. Dahlia reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Platform or by e-mail delivery to you.

Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a "Service Subscription Fee") at the time you create your Parent Account and subscribe to a subscription plan. Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Dahlia for the Services until Dahlia accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

Taxes. The payments required under Section 7.2 of these Terms do not include any Sales Tax that may be due in connection with the Services provided under these Terms. If Dahlia determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Dahlia shall collect such Sales Tax in addition to the payments required under Section 7.2 of these Terms. If any Services, or payments for any Services, under the Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Dahlia, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Dahlia for any liability or expense Dahlia may incur in connection with such Sales Taxes. Upon Dahlia' request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Withholding Taxes. You agree to make all payments of fees to Dahlia free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Dahlia will be your sole responsibility, and you will provide Dahlia with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

Automatic Renewal. Your subscription will continue until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such subscription period (each a "Renewal Commencement Date") and continue indefinitely for an additional subscription period of the same duration, at Dahlia' then-current price for such subscription. You agree that your Parent Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date, by logging into and going to the Manage Subscription" page of your "Account Settings" page. If you do not wish your Parent Account to renew automatically, or if you want to change or terminate your subscription, please contact Dahlia at support@dahlia.health. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Dahlia to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Dahlia does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Parent Account upon demand and/or (b) you agree that Dahlia may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Parent Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

Free Trials and Other Promotions. Any free trial or other promotion that provides you access to the Services must be used within the specified time of the trial. At the end of the applicable trial period, you will be prompted to subscribe. If you subscribe, you will be enrolled in our monthly subscription Services and will be charged the applicable Service Subscription Fee, in accordance with Section 7.5 above, unless you choose not to enroll in the paid service. If you are inadvertently charged for a subscription, please contact Dahlia at the following address: hello@dahlia.health to have the charges reversed.

Billing Disputes. Unless otherwise provided by the applicable payment processor or payment platform used in connection with your payment for Services, you must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: hello@dahlia.health.

Third Party Provider. Dahlia uses Stripe, Inc. as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By subscribing to the Platform, you agree to be bound by Stripe's Privacy Policy: https://stripe.com/privacy and hereby consent and authorize Dahlia and Stripe to share any information and payment instructions you provide with one or more third-party provider(s) to the minimum extent required to complete your transactions.

7. SMS SERVICES AND COMMUNICATIONS

Primary Service Delivery. SMS-based communication with Daisy, our AI chatbot, represents our current primary service offering for teenagers. With required parental consent, Teenagers access health information and emotional support through text messaging.

Current SMS Services. All SMS access to Daisy requires explicit parental consent before a Teenager can begin using the service. SMS-based AI chat for health-related questions and emotional support. Your mobile carrier's standard rates apply to all SMS communications. Reply "STOP" to cease SMS services at any time.

Future Mobile Application Services. The mobile app will allow downloads without parental consent; however, AI chat features and content access within the mobile app will require parental consent. SMS services will continue to operate alongside the mobile application.

SMS Compliance and Carrier Disclaimers. To comply with U.S. mobile carrier requirements, we disclose the following: When you opt in, you agree to receive up to 10 text messages per month from Dahlia Health. Messages include appointment reminders, care instructions, Bloom Buddy check-ins, product announcements, and service updates; U.S. carriers are not liable for delayed or undelivered messages; Message frequency may vary based on user interactions, but recurring messages may be sent up to 10 messages per month; You can cancel at any time by texting "STOP". We will send one final confirmation text and you will receive no further messages unless you opt in again; For assistance, reply "HELP" or contact our customer support at support@dahlia.health or 512-948-5544; Additional support and information about our messaging practices are available on our website at www.dahlia.health; For more details on how we handle your data, read our Privacy Policy: https://www.dahlia.health/privacy-policy.

SMS Security Limitations. SMS text messaging is not a secure transmission method for sensitive information. By consenting to SMS services, you acknowledge and accept these inherent security limitations. We recommend discussing sensitive topics through secure channels when the mobile application becomes available.

8. INDEMNIFICATION

You agree to indemnify and hold Dahlia and their respective parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the "Dahlia Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to: (a) any breach by you of these Terms; (b) your access, use or misuse of the Platform or Service; (c) your failure to comply with any and all applicable laws, orders, codes and regulations; (d) any access to the Service using your login information; (e) any content you submit to the Platform; (f) any claims arising from your interaction with Bloom Buddies or other users; (g) any violation of any third party's rights by your use of the Services. Dahlia reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dahlia in asserting any available defenses. This provision does not require you to indemnify any of the Dahlia Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Services.

9. DISCLAIMER OF WARRANTIES AND CONDITIONS

As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. DAHLIA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE APPLICATION.

DAHLIA PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. DAHLIA MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DAHLIA OR THROUGH SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FROM TIME TO TIME, Dahlia MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT DAHLIA SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

Services Not Medical or Mental Health Advice. THE PLATFORM AND OUR BLOOM BUDDIES PROVIDE MENTORSHIP ONLY. OUR BLOOM BUDDIES ARE NOT MEDICAL PROFESSIONALS OR PSYCHOLOGICAL OR PSYCHIATRIC THERAPY PROVIDERS, AND WE DO NOT PROVIDE MEDICAL OR MENTAL HEALTH SERVICES, RENDER MEDICAL OR MENTAL HEALTH ADVICE OF ANY KIND, OR MAKE CLINICAL, MEDICAL, OR OTHER PROFESSIONAL DECISIONS. DAISY, OUR AI CHATBOT, DOES NOT PROVIDE CLINICAL SERVICES, MEDICAL DIAGNOSIS, TREATMENT RECOMMENDATIONS, OR PROFESSIONAL MEDICAL ADVICE. DAISY IS NOT A LICENSED HEALTHCARE PROFESSIONAL AND CANNOT REPLACE CONSULTATION WITH QUALIFIED MEDICAL PROFESSIONALS. ALL AI-GENERATED RESPONSES ARE FOR INFORMATIONAL AND EMOTIONAL SUPPORT PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF RECEIVING MEDICAL OR MENTAL HEALTH SERVICES FROM EITHER OUR BLOOM BUDDIES OR OUR AI, AND THAT IF YOU NEED SUCH MEDICAL OR MENTAL HEALTH SERVICES, YOU WILL OBTAIN THEM FROM A QUALIFIED MEDICAL PROFESSIONAL.

10. LIMITATION OF LIABILITY

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DAHLIA PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT DAHLIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SERVICES; OR (5) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A DAHLIA PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A DAHLIA PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A DAHLIA PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, THE DAHLIA PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO DAHLIA BY YOU (OR YOUR PARENT) DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) $100; OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A DAHLIA PARTY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY A DAHLIA PARTY'S NEGLIGENCE; OR FOR (2) ANY INJURY CAUSED BY A DAHLIA PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DAHLIA AND YOU.

11. TERM AND TERMINATION

Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Services, unless terminated earlier in accordance with the Terms. We may terminate and/or suspend the Services, your Account and/or these Terms in the event you breach any terms herein, or if required to do so by applicable law. If you want to terminate the Services provided by Dahlia, you may do so by notifying Dahlia at hello@dahlia.health.

Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Your Content associated with or inside your Account (or any part thereof), including Your Content, unless we are required to retain a copy of Your Content in accordance with applicable law. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Dahlia will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

12. DISPUTE RESOLUTION

Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Dahlia and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Dahlia agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the Platform, or the Terms and prior versions of the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (1) you and Dahlia may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Dahlia may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.

Informal Dispute Resolution. There might be instances when a Dispute arises between you and Dahlia. If that occurs, Dahlia is committed to working with you to reach a reasonable resolution. You and Dahlia agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Dahlia therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Dahlia that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@dahlia.health or regular mail to our offices located at 169 Madison Avenue #15605, New York, NY 10016. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

Waiver of Jury Trial. YOU AND DAHLIA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Dahlia are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief. YOU AND DAHLIA AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 12.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 12.9, entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 12.4 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Dahlia agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This Section 12.4 does not prevent you or Dahlia from participating in a class-wide settlement of claims.

Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Dahlia agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Dahlia otherwise agree, or the Batch Arbitration process discussed in Section 12.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and Dahlia agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 12.9 is triggered, the AAA will appoint the arbitrator for each batch.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the Section entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of the Section entitled "Waiver of Class and Other Non-Individualized Relief" is unenforceable, illegal, void or voidable, or that such Section entitled "Waiver of Class and Other Non-Individualized Relief" has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the Section entitled "Batch Arbitration," all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the Section entitled "Batch Arbitration." The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Dahlia need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Dahlia agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Dahlia by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by Dahlia. You and Dahlia agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 169 Madison Avenue #15605, New York, NY 10016 and via e-mail to: legal@dahlia.health within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Dahlia Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Invalidity, Expiration. Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief", if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Dahlia as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Dahlia makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Dahlia Health, Inc. at 169 Madison Avenue #15605, New York, NY 10016 and e-mailing legal@dahlia.health your continued use of the Dahlia Platform and/or Services, including the acceptance of products and services offered on the Platform following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Dahlia Platform, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Dahlia will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is Dahlia policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Dahlia by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright 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 interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Dahlia' Copyright Agent for notice of claims of copyright infringement is as follows: legal@dahlia.health.

14. GENERAL PROVISIONS

Governing Law; Venue. The Terms and the relationship between you and us will be governed by the laws of the State of Delaware, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms or your use of the Platform that are not subject to Section 12 must be instituted exclusively in the federal or state courts located in Delaware, and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.

Miscellaneous. These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. The paragraph headings in these Terms, shown in boldface type, are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. These Terms along with the agreements referenced in these Terms constitute the entire agreement between you and us with regard to the matters described above. Dahlia shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Communications. The communications between you and us relating to the Platform use electronic means. For contractual purposes, you (a) consent to receive communications from us in an electronic form, whether via email or posting on the Platform or other reasonable means; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. If you have any questions about the foregoing, please contact us at the following e-mail address: hello@dahlia.health

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Our Technology, please contact us at the following e-mail address: hello@dahlia.health. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

Export Control. You may not use, export, import, or transfer Our Technology except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Our Technology, and any other applicable laws. In particular, but without limitation, Our Technology may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using Our Technology, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Our Technology for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Dahlia are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Dahlia products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Contact Information.
Email: hello@dahlia.health
Legal matters: legal@dahlia.health
Customer support: support@dahlia.health
Mail: 169 Madison Avenue #15605, New York, NY 10016

This Terms of Use agreement was last updated on June 15, 2025.