Solliva patient app

Terms of Service

End User Agreement Version 1.0 | Effective September 14, 2026 | Supersedes all prior versions

These Terms of Service (these "Terms") are a binding contract between you and Solliva LLC, a Florida limited liability company having its principal place of business at 7901 4th Street N STE 300, St. Petersburg, Florida 33702 ("Solliva," "we," "us," or "our"). They govern your access to and use of the Solliva patient application and related services. Solliva provides the App to you because an organization involved in your care has licensed Solliva’s software and approved you as a user. Depending on how your care is arranged, that may be your clinic, a care management company your clinic works with, or both. Solliva makes the software. It does not provide, direct, supervise, or take responsibility for your care. Your clinic is responsible for your medical care and for your medical record. Where a care management company is involved, it is responsible for the care management services its own staff provide to you. Section 4 explains this in more detail.

READ THESE TERMS BEFORE YOU USE THE APP. SEVERAL PROVISIONS MATERIALLY AFFECT YOUR LEGAL RIGHTS AND ARE IDENTIFIED HERE SO THAT YOU NOTICE THEM.
SECTION 26 REQUIRES MOST DISPUTES WITH SOLLIVA TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. SECTION 26.9 EXPLAINS HOW TO OPT OUT OF ARBITRATION WITHIN 30 DAYS WITHOUT AFFECTING YOUR ACCESS TO THE APP.
SECTION 12 GRANTS SOLLIVA THE RIGHT TO CREATE DE-IDENTIFIED DATA FROM INFORMATION YOU ENTER, TO OWN IT, TO USE IT TO TRAIN ARTIFICIAL INTELLIGENCE MODELS, AND TO LICENSE OR SELL IT, KEEPING ALL RESULTING REVENUE. SECTION 13 RESERVES SOLLIVA’S RIGHT TO INTRODUCE ADVERTISING INTO THE APP; THE CURRENT VERSION DISPLAYS NONE. SECTIONS 22 AND 23 DISCLAIM WARRANTIES AND LIMIT SOLLIVA’S LIABILITY TO YOU.
THE APP IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT IS NOT MONITORED FOR EMERGENCIES AT ANY TIME.
IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY DEPARTMENT. IF YOU ARE IN A MENTAL HEALTH OR SUICIDAL CRISIS, CALL OR TEXT 988 TO REACH THE SUICIDE AND CRISIS LIFELINE.

1. Definitions

Capitalized terms have the meanings given below or where first defined in these Terms. "App" means the Solliva patient-facing software application, in all versions and on all platforms, together with all related websites, portals, application programming interfaces, content, documentation, features, updates, and successor products Solliva makes available to patient users. "Authorization" means a valid written authorization meeting the requirements of 45 C.F.R. § 164.508. "BAA" means the business associate agreement in effect between Solliva and a Provider Organization or the covered entity it represents, as required by 45 C.F.R. §§ 164.502(e) and 164.504(e). "Consumer Health Data" means personal information that identifies your past, present, or future physical or mental health status, as that term or its equivalent is defined under applicable state law, including the Washington My Health My Data Act, Wash. Rev. Code ch. 19.373, and Nev. Rev. Stat. ch. 603A. "De-Identified Data" has the meaning given in Section 12.2. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, the Health Information Technology for Economic and Clinical Health Act, and their implementing regulations at 45 C.F.R. Parts 160, 162, and 164, each as amended. "Paid Feature" means any feature, subscription, or add-on that Solliva offers for a fee, as described in Section 8. "PHI" means protected health information as defined at 45 C.F.R. § 160.103. "Privacy Policy" means the Solliva Privacy Policy published at https://solliva.com/privacy, as amended, which is incorporated into these Terms by reference. "Care Management Organization" means a chronic care management company or similar organization that has licensed the Solliva platform and that delivers care management services to or on behalf of a Clinic under contract with it. "Clinic" means the medical practice, clinic, health system, or other healthcare provider entity responsible for your medical care and for maintaining your medical record. "Provider Organization" means, collectively, the Clinic and, where one is involved, the Care Management Organization that together sponsor and approve your access to the App. Where a provision concerns your medical care, your medical record, or claims submitted for your care, it refers to the Clinic. Where a provision concerns day-to-day care management, care navigation, or account approval, it may refer to either, depending on how they have allocated those responsibilities between themselves. "Your Content" has the meaning given in Section 10.1. 1.1 References to a statute or regulation include any successor provision. "Including" means "including without limitation." "Days" means calendar days unless stated otherwise.

2. Acceptance, Assent, and Amendment

2.1 Assent. You accept these Terms by clicking a button or checking a box presented adjacent to a conspicuous statement that doing so constitutes acceptance, or by accessing or using the App after such presentation. The Solliva Privacy Policy is presented for separate acceptance when you create your account. The consents described in Sections 12.9 and 14.2 are obtained through their own distinct flows and are never bundled into your acceptance of these Terms. Solliva records the date, time, version accepted, and account identifier associated with each acceptance, and maintains that record as evidence of your assent. 2.2 Access is conditional. Your ability to use the App depends on (a) a Provider Organization maintaining a current license and BAA with Solliva, and (b) that Provider Organization maintaining you as an approved user. Solliva does not enroll patients directly and does not independently determine your eligibility. If either condition ceases, your access will end as described in Section 21. 2.3 Amendment. Solliva may amend these Terms. For any amendment that materially and adversely affects your rights, Solliva will provide at least thirty (30) days’ advance notice by in-App notification, by email to the address associated with your account, or by another method reasonably designed to reach you, and will identify the changed provisions. Amendments required by law, by a regulator, or to address an active security or safety risk may take effect on shorter notice. Your continued use after the stated effective date constitutes acceptance. If you do not accept an amendment, your remedy is to stop using the App and close your account under Section 21.2, and the prior version will govern any claim arising from conduct occurring before the amendment took effect. 2.4 No unilateral retroactive change. No amendment applies retroactively to any claim of which Solliva had actual notice before the amendment’s effective date. Section 26.11 states an additional limitation on amendments to the arbitration provision. 2.5 Electronic transactions. Under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and comparable state law, you consent to transact electronically and to receive these Terms, the Privacy Policy, amendments, disclosures, and other communications in electronic form, and you agree that electronic delivery satisfies any requirement that such communications be in writing. You may withdraw this consent only by closing your account, because the App cannot be provided in paper form. You may request a paper copy of these Terms at no charge by writing to the address in Section 29.

3. Eligibility, Minors, and Personal Representatives

3.1 Adults. You must be at least eighteen (18) years of age, located in the United States, and legally competent to contract in order to open an account for yourself. 3.2 Accounts for minors. A parent, legal guardian, or other individual with legal authority to make healthcare decisions for a minor may open and manage an account on the minor’s behalf. By doing so, that individual accepts these Terms personally and on the minor’s behalf and represents that they hold the authority claimed. Solliva does not knowingly permit a child under thirteen (13) to open an independent account and will delete any such account upon discovery, consistent with the Children’s Online Privacy Protection Act, 15 U.S.C. § 6501 et seq. 3.3 Adolescent confidentiality. State law grants minors the right to consent independently to certain categories of care and restricts a parent’s access to records of that care. The Provider Organization, not Solliva, determines what information is visible to a proxy account holder and is responsible for configuring access consistently with those laws and with 45 C.F.R. § 164.502(g). Solliva displays what the Provider Organization makes available and does not independently segment records by category of care. 3.4 Personal representatives. An individual holding a healthcare power of attorney, guardianship, conservatorship, or other authority recognized under 45 C.F.R. § 164.502(g) may manage an account for an adult who lacks capacity, subject to verification by the Provider Organization. Solliva may require documentation and may suspend an account pending verification. 3.5 Representations. You represent that all registration information is truthful, accurate, and current; that you are not identified on any list of persons with whom United States persons are prohibited from transacting, including the Specially Designated Nationals list maintained by the Office of Foreign Assets Control; and that you are not located in a jurisdiction subject to comprehensive United States sanctions. 3.6 Geographic scope. The App is intended for use only within the United States and its territories. Solliva makes no representation that the App complies with the law of any other jurisdiction, and specifically does not represent that it complies with Regulation (EU) 2016/679 (GDPR), the UK GDPR, or Canada’s PIPEDA. Do not use the App from outside the United States.

4. Relationship of the Parties; No Practice of Medicine

4.1 Solliva is a software vendor. Solliva is a technology company. Solliva does not practice medicine, nursing, pharmacy, care management, social work, or any other licensed profession; does not hold itself out as a healthcare provider; does not employ, contract with, credential, supervise, schedule, or direct any clinician, care manager, or care navigator; and does not participate in, review, approve, or override any decision about your care. 4.2 No treatment relationship with Solliva. Use of the App does not create a physician-patient, nurse-patient, pharmacist-patient, therapist-patient, or any other professional or fiduciary relationship between you and Solliva. Your treatment relationship exists solely with your Provider Organization and its personnel. Solliva owes you no duty of care with respect to clinical matters. 4.3 Source and accuracy of displayed information. Care plans, care team rosters, diagnoses and problem lists, medication lists, allergy information, pharmacy and imaging facility preferences, insurance information, demographic data, and social determinants of health displayed in the App originate with your Provider Organization or with you. Solliva transmits and displays that information but does not originate, verify, validate, reconcile, update, or audit it. Information may be incomplete, superseded, or inaccurate. Direct any correction request to your Provider Organization, which controls your record; Solliva cannot amend your medical record and will not do so at your request. 4.4 No guarantee of receipt or response. Solliva does not guarantee that any care team member will receive, open, read, understand, respond to, or act upon anything you submit through the App, or that any response will occur within any period. The App supplements but does not replace direct contact with your care team by telephone or in person. 4.5 Not a records custodian. Solliva is not the custodian of your legal medical record and does not maintain your designated record set as defined at 45 C.F.R. § 164.501. Requests to inspect, obtain a copy of, amend, restrict, or receive an accounting of disclosures of your PHI must be directed to your Clinic under Section 11.3. 4.6 Who provides your care management. In some arrangements your Clinic delivers care management using its own staff. In others, your Clinic contracts with a Care Management Organization, and the care managers or care navigators you speak with are that organization’s personnel working alongside your Clinic. Your Clinic or the Care Management Organization can tell you which arrangement applies to you and who employs each member of your care team. 4.7 Who is responsible for what. Your Clinic is responsible for your medical care, including diagnosis, treatment, prescribing, referrals, and the contents of your medical record, and for any claim submitted to your insurer for your care. Where a Care Management Organization is involved, it is responsible for the care management and care navigation services its own personnel provide to you, and it is accountable for their conduct; it does not practice medicine and does not make clinical decisions about your treatment. Solliva supplies the software both of them use. Solliva does not provide, direct, supervise, review, or take responsibility for any aspect of your care, whether delivered by your Clinic or by a Care Management Organization. If you are unsure who to contact about a particular concern, ask your Clinic. 4.8 Separate commercial relationships. Solliva licenses its software to your Clinic or to a Care Management Organization for a fee. Where a Care Management Organization is involved, your Clinic pays that organization for its services under a separate arrangement to which Solliva is not a party. Any optional paid feature you purchase under Section 8 is a transaction between you and Solliva; your Clinic and any Care Management Organization receive no part of what you pay Solliva, and Solliva receives no part of what your Clinic pays for care management. Neither your Clinic nor any Care Management Organization is responsible for a paid feature you purchase from Solliva, and purchasing one is never a condition of receiving care or of using the features described in Section 7.2.

5. No Medical Advice; Emergencies

5.1 No medical advice. THE APP DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, TRIAGE, OR CLINICAL DECISION SUPPORT. NO CONTENT IN THE APP, AND NO OUTPUT OF ANY ARTIFICIAL INTELLIGENCE FEATURE, CONSTITUTES MEDICAL ADVICE OR ESTABLISHES A STANDARD OF CARE. NEVER DISREGARD, DELAY, OR DISCONTINUE PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ, ENTER, OR GENERATE IN THE APP. 5.2 Not monitored; no emergency use. THE APP IS NOT MONITORED ON A CONTINUOUS, REAL-TIME, OR EMERGENCY BASIS BY SOLLIVA OR, UNLESS ITS OWN POLICY PROVIDES OTHERWISE, BY YOUR PROVIDER ORGANIZATION. DO NOT USE THE APP TO REPORT CHEST PAIN, DIFFICULTY BREATHING, STROKE SYMPTOMS, SEVERE BLEEDING, A SUSPECTED OVERDOSE, AN ALLERGIC REACTION, THOUGHTS OF SUICIDE OR SELF-HARM, ABUSE, OR ANY OTHER URGENT OR LIFE-THREATENING CONDITION. 5.3 Emergency resources. IN A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY DEPARTMENT. IN A MENTAL HEALTH OR SUICIDAL CRISIS, CALL OR TEXT 988. IF YOU ARE EXPERIENCING DOMESTIC VIOLENCE, THE NATIONAL DOMESTIC VIOLENCE HOTLINE IS AVAILABLE AT 1-800-799-7233. 5.4 Scheduling requests. The feature permitting you to request an appointment with a care navigator is an administrative convenience. Submitting a request does not create, confirm, or reserve an appointment; does not constitute clinical triage; and does not obligate anyone to contact you within any period. An appointment exists only when the Provider Organization confirms it through its own scheduling system. 5.5 No mandatory reporting or safety monitoring. Solliva does not review Your Content for urgent findings, drug interactions, suicidality, abuse or neglect, reportable communicable disease, or any other safety signal, and has no duty to detect or escalate any such matter or to notify you, your care team, any family member, or any authority.

6. Accounts and Security

6.1 Approval and provisioning. Account creation requires approval by your Provider Organization through the Solliva Physician application. Solliva may decline, suspend, or revoke access at the direction of a Provider Organization, upon breach of these Terms, or where required by law. 6.2 Credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, whether or not authorized by you. You agree to use a unique password, to enable multi-factor authentication where offered, and not to disclose your credentials to any other person. 6.3 Device security. Because the App displays sensitive health information, you agree to secure each device on which you install it with a passcode, biometric lock, or equivalent control; to avoid using shared, public, or unsecured devices and networks; and to remove the App from any device you no longer control. 6.4 Incident notification. Notify Solliva at contact@solliva.com and your Provider Organization promptly, and in any event within twenty-four (24) hours, if you know or suspect that your credentials or account have been compromised or that your device has been lost or stolen. 6.5 One account. You may maintain only one account. You may not impersonate any person, create an account under a false identity, or access an account belonging to another individual except as a properly authorized parent, guardian, or personal representative under Section 3. 6.6 Accuracy of your entries. You are responsible for the accuracy and completeness of everything you enter. Inaccurate or omitted information may produce inaccurate summaries and may affect the care you receive. Solliva has no obligation to detect, flag, question, or correct anything you submit.

7. The App; License Grant

7.1 License. Subject to your continuous compliance with these Terms and to the conditions in Section 2.2, Solliva grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on devices you own or control, solely for your own personal, non-commercial purposes relating to your own care or to the care of an individual you are authorized to represent. This is a license, not a sale; all rights not expressly granted are reserved. 7.2 Features provided without charge. The App presently makes the following available at no charge to you:

  • Viewing your care plan, including goals, tasks, and interventions recorded by your care team;
  • Viewing your care team and the role of each member;
  • Viewing your recorded diagnoses and problem list;
  • Viewing your medication list;
  • Recording and viewing your preferred pharmacy and preferred imaging facility;
  • Recording and viewing demographic information, insurance information, and social determinants of health;
  • Requesting an appointment with a care navigator; and
  • Any further features Solliva makes generally available to patient users without charge.

7.3 Consideration. "Without charge" means that Solliva does not invoice you a subscription fee. It does not mean that the App is provided gratuitously or without consideration. You acknowledge that Solliva provides these features in exchange for, among other things, the rights granted in Section 12 and the rights reserved in Section 13, that these constitute valuable consideration, and that these Terms are supported by adequate consideration and are enforceable accordingly. 7.4 Changes to features. Solliva may add, modify, suspend, or discontinue any feature and may impose limits on storage, transmission volume, or usage. Solliva will use commercially reasonable efforts to give advance notice before permanently discontinuing a material feature, except where discontinuation is required by law or necessary to address a security or safety risk. 7.5 Your equipment. You are responsible for your device, operating system, carrier plan, data charges, and internet connectivity. Solliva does not warrant compatibility with any device or operating system version and may cease supporting versions it no longer maintains, which may render the App unusable on older equipment. 7.6 Updates. Solliva may issue updates, and continued use may require installing them. Where your device settings permit automatic updates, you consent to their download and installation.

8. Paid Features, Free Trials, and Automatic Renewal

8.1 Optional nature. No Paid Feature is offered in the current version of the App; this Section applies if and when Solliva introduces one. Solliva may offer optional Paid Features, including the artificial-intelligence documentation feature described in Section 9. No Paid Feature is required to use the features described in Section 7.2, and Solliva will not condition access to those features on any purchase. 8.2 Pre-purchase disclosure. Before you are charged, Solliva will present, clearly and conspicuously and in immediate proximity to the means of accepting, the price, the billing interval, the fact that the subscription renews automatically until cancelled, the deadline to cancel to avoid the next charge, and the method of cancellation, consistent with the Restore Online Shoppers’ Confidence Act, 15 U.S.C. § 8403, and applicable state automatic renewal statutes including Cal. Bus. & Prof. Code § 17600 et seq. Solliva will obtain your express informed consent before charging you and will send an acknowledgment retaining those terms. 8.3 Automatic renewal and cancellation. Unless the offer states otherwise, a paid subscription renews automatically at the then-current price for successive intervals until cancelled. You may cancel at any time through a cancellation mechanism that is at least as simple as the mechanism by which you enrolled, available in the App. Cancellation is effective at the end of the then-current interval and stops future charges. Except where required by law or expressly stated in the offer, fees already paid are non-refundable. 8.4 Free trials. Where Solliva offers a free trial, the offer will state its duration, the price that will apply afterward, and the deadline to cancel. Unless the offer states otherwise, a trial converts automatically to a paid subscription at its conclusion. Solliva will send a reminder before conversion where required by applicable state law. Trials are limited to one per person and may be modified or withdrawn prospectively. 8.5 Platform billing. Purchases made through the Apple App Store, Google Play, or another platform are governed by that platform’s payment, cancellation, and refund policies, and must be managed and cancelled through that platform. Solliva cannot cancel or refund a platform-billed transaction. 8.6 Price changes. Solliva may change prices on at least thirty (30) days’ notice, effective at your next renewal, and will give you the opportunity to cancel before the new price applies. 8.7 Taxes and reimbursement. Prices exclude applicable taxes, for which you are responsible. Solliva makes no representation that any amount you pay is reimbursable by any health plan or payable from a health savings or flexible spending account, or that it is deductible for tax purposes. 8.8 Failed payment. If a payment fails, Solliva may suspend the affected Paid Feature after notice. Suspension of a Paid Feature will not affect your access to the features described in Section 7.2.

9. Artificial Intelligence Features

9.1 Description. The current version of the App includes no AI Features for patients. Solliva may introduce features that use artificial intelligence and machine learning ("AI Features"), and this Section applies if and when it does. AI Features may include a conversational interface that asks structured questions about your symptoms and concerns, and a feature that generates a clinically oriented written summary of what you have documented which you may elect to transmit to your Provider Organization. 9.2 Function and limits. AI Features are documentation and organization tools. They do not diagnose, do not recommend or select treatment, do not triage, do not assess urgency or severity, and do not evaluate risk. The questions asked are not a clinical assessment, and the absence of a question about a topic carries no clinical meaning. 9.3 Accuracy. ARTIFICIAL INTELLIGENCE SYSTEMS CAN GENERATE OUTPUT THAT IS INACCURATE, INCOMPLETE, INTERNALLY INCONSISTENT, OUTDATED, OR ENTIRELY FABRICATED, AND CAN OMIT INFORMATION YOU CONSIDER IMPORTANT. SOLLIVA DOES NOT REVIEW AI OUTPUT BEFORE IT IS SHOWN TO YOU OR TRANSMITTED. YOU MUST READ ANY SUMMARY IN FULL AND CORRECT IT BEFORE SHARING IT. SOLLIVA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR CLINICAL ADEQUACY OF ANY AI OUTPUT. 9.4 Disclosure of AI generation. Content generated by an AI Feature is identified as such within the App. Where a summary is transmitted to your Provider Organization, it is labeled as patient-generated content produced with artificial intelligence assistance. Certain states, including California under Cal. Health & Safety Code § 1339.75, require disclaimers on generative-AI-produced clinical communications; Solliva designs the App to support compliance, and your Provider Organization is responsible for disclosures it is required to make. 9.5 Your responsibility for transmitted content. You are responsible for the content of any summary you transmit. Transmission does not guarantee that the summary will be read before, during, or after any appointment; that it will be incorporated into your medical record; or that anyone will act upon it. 9.6 Regulatory status. The App and its AI Features are not intended to be, and have not been cleared, approved, or authorized by the United States Food and Drug Administration as, a medical device. Solliva designs the AI Features to fall within the exclusions from the device definition at section 520(o) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360j(o), including by displaying information for your own review rather than issuing a specific preventive, diagnostic, or treatment output, and by enabling you to review the basis for any output. 9.7 Prohibited reliance. You agree not to use any AI Feature to obtain a diagnosis, to decide whether to seek or forgo emergency care, to start, stop, or adjust any medication or treatment, or to make any other clinical decision. 9.8 Model training. Solliva may use information processed through AI Features to develop and improve models only as permitted by the applicable BAA and by Section 12. Solliva does not use identifiable PHI to train models made available to any third party.

10. Your Content

10.1 Definition. "Your Content" means all information, text, audio, images, files, symptom entries, narratives, and other material you submit, upload, dictate, transcribe, or generate through the App, including material generated with the assistance of an AI Feature. 10.2 Ownership and license. As between you and Solliva, you retain any ownership rights you hold in Your Content. You grant Solliva a worldwide, non-exclusive, royalty-free, fully paid, sublicensable license to host, store, reproduce, transmit, display, adapt, and process Your Content for the purposes of operating, securing, supporting, maintaining, and improving the App and the Solliva platform, and for the purposes permitted by Section 12. This license is subject to the confidentiality and privacy obligations in Section 11 and to the BAA. 10.3 Your representations. You represent and warrant that you have the right to submit Your Content; that it does not infringe or misappropriate any third party’s rights; that it does not violate any law; and that where you submit information about another person, including family medical history, you have any consent or authority necessary to do so. 10.4 No obligation to monitor or retain. Solliva has no obligation to monitor, screen, review, or retain Your Content, but may remove or decline to transmit material that violates these Terms or applicable law. Solliva does not guarantee that Your Content will be preserved, will remain accessible, or can be recovered following deletion, account closure, or termination of a Provider Organization’s license. 10.5 Keep your own copies. Maintain independent copies of anything you consider important. Section 21.5 describes the export window available on termination.

11. Privacy, HIPAA, and Health Data Laws

11.1 Privacy Policy. The Privacy Policy describes what information Solliva collects, the purposes for which it is used, the categories of recipients, retention periods, and the choices and rights available to you. It is incorporated into these Terms. Where the Privacy Policy and these Terms conflict regarding privacy practices, the Privacy Policy controls. 11.2 Business associate status. Your Clinic is a covered entity under HIPAA. Where a Care Management Organization is involved, it acts as your Clinic’s business associate and Solliva acts as a subcontractor business associate under 45 C.F.R. § 164.502(e)(1)(ii); where your Clinic licenses the software directly, Solliva acts as its business associate. In every case Solliva uses and discloses PHI only as permitted by the applicable business associate agreements and by law, and may exercise only those permissions your Clinic has granted and that have been validly passed down to Solliva. Where these Terms conflict with a BAA as to PHI, the BAA controls and these Terms are deemed amended to conform. 11.3 Exercising HIPAA rights. Your rights of access under 45 C.F.R. § 164.524, amendment under § 164.526, restriction under § 164.522, confidential communications, and accounting of disclosures under § 164.528 are exercised through your Provider Organization, which maintains your designated record set and whose Notice of Privacy Practices governs. Solliva will assist a Provider Organization in responding to such requests as the BAA requires, but will not act on a request you direct to Solliva. 11.4 Information outside HIPAA. Some information Solliva processes is not PHI and is not governed by the BAA, including device identifiers, application analytics, crash and performance data, and advertising interaction data. Depending on where you live, that information may constitute Consumer Health Data or personal information under the Washington My Health My Data Act, Nev. Rev. Stat. ch. 603A, the California Consumer Privacy Act as amended by the California Privacy Rights Act, the Florida Digital Bill of Rights, the Texas Data Privacy and Security Act, the Connecticut Data Privacy Act, or comparable law. The Privacy Policy identifies those categories, the consents Solliva relies on, and how to exercise applicable rights, including rights to access, correct, delete, opt out of sale or targeted advertising, and appeal a denial. 11.5 Sensitive categories. Certain information carries heightened protection, including records subject to 42 C.F.R. Part 2 governing substance use disorder treatment, information about reproductive healthcare subject to 45 C.F.R. § 164.509, genetic information subject to the Genetic Information Nondiscrimination Act, and information subject to state mental health and HIV confidentiality statutes. Solliva relies on Provider Organizations to identify and appropriately restrict such information. Consider carefully before entering information in these categories, and consult your Provider Organization about how it will be handled. 11.6 Safeguards. Solliva maintains administrative, physical, and technical safeguards designed to protect health information consistent with the HIPAA Security Rule at 45 C.F.R. Part 164 Subpart C, including encryption of data in transit and at rest, role-based access control, audit logging, vulnerability management, and workforce training. No system is impenetrable, and Solliva does not warrant that unauthorized access will never occur. 11.7 Breach notification. If a breach of unsecured PHI occurs, notification will be provided as required by 45 C.F.R. §§ 164.404–164.410, ordinarily by your Provider Organization as the covered entity. Where the Federal Trade Commission’s Health Breach Notification Rule, 16 C.F.R. Part 318, applies to information Solliva holds outside its business associate role, Solliva will provide notification as that rule requires. State breach notification statutes may also apply. 11.8 Compelled disclosure. Solliva may disclose information in response to a subpoena, court order, warrant, or other valid legal process; to comply with law; to cooperate with a governmental or regulatory investigation; to enforce these Terms; or to protect the rights, property, or safety of Solliva, its users, or the public. Disclosures of PHI are limited by HIPAA and the applicable BAA, and Solliva will object to or narrow process where it has a good-faith basis to do so. 11.9 Corporate transactions. Solliva may transfer information in connection with a merger, acquisition, financing, reorganization, sale of assets, or bankruptcy, provided that the recipient assumes the commitments in these Terms and the Privacy Policy as to previously collected information and that any transfer of PHI complies with HIPAA. Where a transfer would materially change how your Consumer Health Data is used, Solliva will provide notice and obtain any consent applicable law requires. 11.10 Service providers and offshore processing. Solliva engages subcontractors to host, support, and secure the App. Each subcontractor with access to PHI is bound by a written agreement imposing obligations no less protective than those Solliva owes. The Privacy Policy discloses whether any subcontractor accesses information from outside the United States and the safeguards applicable to that access.

12. De-Identified and Aggregated Data

12.1 Notice. This Section describes a commercially significant use of information derived from your activity in the App. It is highlighted at the front of these Terms and is stated here in full. 12.2 Definitions. "De-Identified Data" means data derived from Your Content, your account, or your use of the App from which the identifiers of you, your relatives, your employers, and members of your household have been removed such that the data is de-identified in accordance with 45 C.F.R. § 164.514(b) by either the Expert Determination method or the Safe Harbor method, and that is also deidentified under any applicable state standard. "Aggregated Data" means statistical or population-level data derived from De-Identified Data or from the data of multiple users such that no individual is identified or reasonably identifiable. 12.3 Creation and ownership. Subject to the applicable business associate agreements and to applicable law, Solliva may create De-Identified Data and Aggregated Data. Once properly created, such data is not PHI, is not subject to HIPAA, and is the sole and exclusive property of Solliva. Solliva may create De-Identified Data only where your Clinic, as the covered entity, has authorized de-identification and that authorization has been validly passed down to Solliva through any intervening Care Management Organization. Where that authorization is absent, this Section confers no rights on Solliva as to your information. 12.4 Permitted uses. You acknowledge and agree that Solliva may use, reproduce, modify, combine with other data, distribute, publish, disclose, license, sell, and otherwise commercially exploit De-Identified Data and Aggregated Data on a perpetual, irrevocable, worldwide, royalty-free basis for any lawful purpose, including:

  • Training, fine-tuning, evaluating, benchmarking, and improving artificial intelligence and machine learning models, including models deployed outside the App;
  • Developing, testing, and commercializing new products, services, software, algorithms, and clinical tools;
  • Conducting and publishing research, quality improvement, health economics, outcomes, and population health analyses;
  • Producing benchmarks, reports, and analytics for Provider Organizations, payers, life sciences companies, researchers, and other third parties; and
  • Licensing or selling De-Identified Data, Aggregated Data, and derivative works to third parties.

12.5 No compensation. Solliva retains all revenue from the activities described in Section 12.4. You are not entitled to any compensation, royalty, revenue share, attribution, or other consideration in connection with De-Identified Data or Aggregated Data or with any model, product, dataset, publication, or service derived from them. This allocation is material consideration for which Solliva provides the features described in Section 7.2 without charge. 12.6 Derivative works and the limits of deletion. All models, weights, parameters, embeddings, algorithms, software, analyses, and other outputs Solliva creates using De-Identified Data or Aggregated Data are owned exclusively by Solliva. You acknowledge that once information has been incorporated into a trained model it generally cannot be identified or extracted. Accordingly, closing your account or deleting Your Content does not obligate Solliva to retrain, delete, or modify any model, dataset, or derivative work already created, and does not affect De-Identified Data or Aggregated Data created before deletion. Solliva will honor deletion rights as to identifiable information in its systems in the manner and within the timeframes applicable law requires. 12.7 No re-identification. Solliva will not attempt to re-identify De-Identified Data or Aggregated Data, and will impose a contractual prohibition on re-identification, and on permitting others to re-identify, upon every recipient. 12.8 No sale of PHI. Solliva does not sell, license, or otherwise disclose PHI in identifiable form for its own commercial purposes and does not engage in any disclosure that would constitute a prohibited sale of PHI under 45 C.F.R. § 164.502(a)(5)(ii) or a marketing use under § 164.501 absent a valid Authorization. 12.9 Separate consent where required. Where applicable law requires your separate, affirmative, revocable consent or authorization for the collection, use, sharing, or sale of health-derived data — including the Washington My Health My Data Act, Nev. Rev. Stat. ch. 603A, or comparable law — Solliva will obtain that consent through a distinct consent flow separate from your acceptance of these Terms, will not condition access to the features described in Section 7.2 on your granting it, and will honor withdrawal prospectively upon request. Withdrawal does not affect De-Identified Data, Aggregated Data, or derivative works created before the withdrawal took effect. 12.10 Precedence. Nothing in this Section authorizes any activity that HIPAA, the applicable BAA, or applicable state law prohibits. To the extent any provision of this Section would exceed what law permits, it is limited to the maximum permissible scope and the remainder continues in effect under Section 27.4.

13. Advertising

13.1 Advertising in the App. The current version of the App displays no advertising. Solliva reserves the right to introduce advertisements, sponsored content, and promotional messages into the App, placed adjacent to, above, or below App content, and will retain all advertising revenue. If advertising is introduced, this Section will govern it, and Solliva will first update the Privacy Policy to describe the associated data practices and obtain any consent applicable law requires. 13.2 No health-based targeting; no PHI to advertisers. Solliva does not disclose PHI to advertisers, advertising networks, measurement vendors, or data brokers, and does not permit advertising to be targeted to you on the basis of your diagnoses, medications, symptoms, care plan, laboratory results, or other health information Solliva holds as a business associate. Solliva will not use or disclose PHI for any communication constituting marketing under 45 C.F.R. § 164.501 without a valid Authorization. 13.3 Basis of advertisements. Advertisements may be contextual, based on the screen you are viewing or on non-health signals, or, where you have given any consent applicable law requires, personalized. The Privacy Policy identifies the categories of advertising partners, the identifiers shared with them, whether any sharing constitutes a sale or sharing for cross-context behavioral advertising under applicable law, and how to opt out. 13.4 Your controls. You may opt out of personalized advertising at any time through in-App settings and through your device’s advertising controls. Solliva honors the Global Privacy Control and comparable opt-out preference signals where applicable law requires. Opting out limits personalization; it does not remove advertising from the App. 13.5 No endorsement. Advertisements are not endorsements. Solliva does not review, verify, approve, or vouch for any advertised product, service, provider, treatment, medication, device, or supplement, or for any claim made about it. The appearance of an advertisement is not a recommendation by Solliva, by your Provider Organization, or by any member of your care team, and does not reflect any clinical judgment about your situation. Solliva is not a party to and bears no responsibility for any transaction between you and an advertiser. Consult your clinician before acting on any health-related advertisement. 13.6 Ad-free offerings. If a Paid Feature is described as removing advertising, that removal applies only to the extent and for the period the offer states. 13.7 Tracking technologies. Solliva configures the App consistent with guidance issued by the Office for Civil Rights concerning online tracking technologies and with the Federal Trade Commission’s Health Breach Notification Rule. The Privacy Policy describes the software development kits and tracking technologies in use and the information each receives.

14. Electronic Communications; Telephone and Text Messages

14.1 Transactional communications. By providing an email address, mobile number, or device push token, you consent to receive service-related communications from Solliva and your Provider Organization through the App, by email, by SMS or MMS, and by push notification, including account, security, appointment, care plan, and legally required notices. These are necessary to the service and cannot be fully disabled while you maintain an account, although you may disable push notifications in device settings. 14.2 Marketing communications. Solliva will send marketing or promotional messages only where permitted by law and, where the Telephone Consumer Protection Act, 47 U.S.C. § 227, and 47 C.F.R. § 64.1200 require it, only with your prior express written consent obtained separately from these Terms. Consent to receive marketing messages is not a condition of receiving care or of using the App. You may opt out at any time by replying STOP, using an unsubscribe link, or adjusting in-App preferences; reply HELP for assistance. Message and data rates may apply and message frequency varies. 14.3 Channel security. Email, SMS, and push notifications are not fully secure and may be visible on a device lock screen or accessible to others with access to your accounts or devices. Solliva configures notifications to minimize the health information they reveal but cannot guarantee confidentiality once a message leaves its systems. You may restrict the health content of notifications in in-App preferences. 14.4 Recording. Where the App captures audio you dictate, it does so only at your direction and with on-screen notice. Solliva does not record telephone calls between you and your care team. 14.5 Current contact information. You agree to keep your contact information current and accept responsibility for messages sent to a number or address you have ceased to control until you update it. If you relinquish a mobile number, notify Solliva promptly.

15. Nondiscrimination, Accessibility, and Language Access

15.1 Nondiscrimination. Solliva does not discriminate in the provision of the App on the basis of race, color, national origin, sex, sexual orientation, gender identity, age, or disability. Section 1557 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18116, and its implementing regulations at 45 C.F.R. Part 92, impose nondiscrimination obligations on covered health programs; your Provider Organization is responsible for its own compliance, and Solliva supports that compliance as its agreements require. 15.2 Decision support tools. Solliva evaluates its AI Features for performance across patient populations and makes information about that evaluation available to Provider Organizations to support their obligations under 45 C.F.R. § 92.210 concerning patient care decision support tools. Solliva does not warrant that any AI Feature performs uniformly across all populations, conditions, or languages. 15.3 Accessibility. Solliva designs the App with reference to the Web Content Accessibility Guidelines 2.1, Level AA, and welcomes accessibility feedback at contact@solliva.com. If you require an auxiliary aid, service, or reasonable modification to use the App, contact Solliva or your Provider Organization, which is responsible for providing auxiliary aids and services in connection with your care. 15.4 Language. These Terms are made available in English and, where offered, in translation for convenience only; the English version governs in the event of conflict. Your Provider Organization is responsible for providing language assistance services in connection with your care.

16. Acceptable Use

16.1 Prohibited conduct. You will not, and will not permit or encourage any third party to: (a) use the App for any unlawful, fraudulent, deceptive, harassing, or abusive purpose, or submit false information to obtain a prescription, a controlled substance, a benefit, or a coverage determination; (b) access another person’s account or health information, or attempt to obtain information you are not authorized to receive; (c) reverse engineer, decompile, disassemble, or attempt to derive the source code, model weights, prompts, algorithms, or architecture of the App, except to the limited extent applicable law prohibits this restriction and then only after written notice to Solliva; (d) scrape, crawl, harvest, or use automated means to extract data from the App; (e) use the App or its output to develop, train, evaluate, or benchmark any competing product, dataset, or artificial intelligence model, or to generate training data for a third-party model; (f) circumvent or interfere with security features, access controls, rate limits, authentication, or usage metering; (g) introduce malicious code, or conduct penetration testing or vulnerability scanning without Solliva’s prior written authorization; (h) resell, sublicense, rent, lease, or distribute the App, or use it for the benefit of anyone other than yourself or a person you are authorized to represent; (i) remove, obscure, or alter any proprietary notice; or (j) use the App in violation of any applicable law, including laws governing health information, telecommunications, consumer protection, and export control. 16.2 Enforcement. Solliva may investigate suspected violations, and may suspend or terminate access with or without notice for conduct it reasonably believes violates these Terms, creates legal or security risk, or harms others. Solliva may report suspected criminal conduct to law enforcement and may preserve and disclose information as necessary to do so.

17. Intellectual Property

17.1 Ownership. The App and the Solliva platform, and all software, source code, models, weights, prompts, interfaces, designs, graphics, text, documentation, workflows, and other materials comprising them, together with all patents, copyrights, trademarks, trade secrets, and other intellectual property rights therein, are owned by Solliva or its licensors and protected by United States and international law. Solliva’s provisional and any resulting non-provisional patent rights, including those directed to artificial-intelligence-driven longitudinal health documentation and synthesis, are expressly reserved. 17.2 Trademarks. "Solliva" and the Solliva logo are trademarks of Solliva LLC. You may not use them without prior written permission. 17.3 Feedback. If you provide suggestions, ideas, feature requests, bug reports, or other feedback, you grant Solliva a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use and exploit it for any purpose without restriction, attribution, or compensation. Feedback is not confidential and creates no obligation of confidence. 17.4 Copyright complaints. Solliva responds to notices of claimed infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Send notices meeting the statutory requirements to Solliva’s designated agent, registered with the U.S. Copyright Office: Copyright Agent, Solliva LLC, 7901 4th Street N STE 300, St. Petersburg, Florida 33702, email contact@solliva.com. Solliva terminates the accounts of repeat infringers in appropriate circumstances.

18. Third-Party Services and Platform Terms

18.1 Third-party services. The App may link to, integrate with, or display content from third parties, including pharmacies, imaging facilities, insurers, health information exchanges, mapping and scheduling services, and advertisers. Solliva does not control and is not responsible for third-party services, their content, availability, privacy practices, or accuracy, including pharmacy and facility listings, formulary information, and insurance eligibility data. Your use of a third-party service is governed by that party’s terms. 18.2 Apple. If you obtained the App from the Apple App Store: these Terms are between you and Solliva only, not with Apple; Solliva alone is responsible for the App and its content; Apple has no obligation to furnish maintenance or support; in the event of any failure to conform to warranty, you may notify Apple for a refund of the purchase price, and Apple has no other warranty obligation; Apple is not responsible for addressing any claim relating to the App, including product liability, regulatory compliance, or intellectual property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms entitled to enforce them against you. You represent that you are not located in a country subject to a United States embargo or designated as terrorist-supporting, and are not on any United States prohibited-party list. 18.3 Other platforms. Comparable acknowledgments apply to Google and to any other platform through which you obtain the App, and that platform’s terms apply to your acquisition and use of the App obtained through it.

19. Availability and Support

19.1 No service level. Solliva makes no uptime, availability, or response-time commitment to patient users. The App may be unavailable due to maintenance, updates, technical failure, third-party or carrier outage, or events beyond Solliva’s control. 19.2 Where to direct questions. Questions about your care, your care plan, your records, your appointments, or your account approval must be directed to your Provider Organization. Technical questions about the App may be directed to Solliva at contact@solliva.com. Solliva provides support on a commercially reasonable, best-efforts basis and does not answer clinical questions.

20. Risk Allocation with Provider Organizations

20.1 Contractual arrangement. Solliva licenses its software to Provider Organizations under a separate written agreement that requires each Provider Organization to maintain professional liability, commercial general liability, cyber liability, and technology errors and omissions insurance covering its use of the Solliva platform and its delivery of care, and to indemnify Solliva against claims arising from that use and that care. 20.2 Effect on you. Responsibility for your care, and for the clinical and administrative decisions made about it, rests with your Provider Organization. Claims relating to your care should be directed to your Provider Organization and its insurers. Nothing in this Section creates any obligation of any insurer to you, makes you a third-party beneficiary of any insurance policy or of any agreement between Solliva and a Provider Organization, or limits any right you may have against your Provider Organization or its personnel.

21. Term, Suspension, Termination, and Data

21.1 Term. These Terms take effect upon your first acceptance and continue until terminated under this Section. 21.2 Your termination. You may stop using the App and close your account at any time using the in-App account closure function or by writing to contact@solliva.com. Deleting the App from a device does not close your account. 21.3 Solliva’s termination. Solliva may suspend or terminate your access, with or without notice, if you breach these Terms; if your Provider Organization revokes your approval or its license or BAA with Solliva ends; if Solliva discontinues the App or a feature; or if Solliva determines in good faith that continued access presents a legal, regulatory, security, safety, or patient-safety risk. Solliva may also terminate for convenience on thirty (30) days’ notice. 21.4 Dependence on your Provider Organization. Your access exists only while your Provider Organization sponsors it. If that organization’s license ends, or if you cease receiving care from it, your access will end, in some circumstances without advance notice to you from Solliva. 21.5 Data on termination. For thirty (30) days following termination, and where technically feasible and permitted by the applicable BAA, Solliva will make Your Content available to you for export in a commercially reasonable machine-readable format. Thereafter, Solliva will return or destroy PHI as the BAA requires and will delete or de-identify remaining information under its retention schedule, except where retention is required by law, necessary to resolve a dispute, or permitted by Section 12. Your medical record remains with your Provider Organization; request it from them. 21.6 Deceased users. PHI of a decedent remains protected for fifty (50) years after death under 45 C.F.R. § 160.103. Requests concerning a deceased user’s information must be directed to the Provider Organization and will be honored only where made by a personal representative recognized under 45 C.F.R. § 164.502(g)(4) and applicable state law. 21.7 Survival. The following survive termination: Sections 1, 4, 5, 10.2, 10.3, 11, 12, 13.5, 17, 21.5 through 21.7, 22, 23, 24, 25, 26, 27, and 28, together with any other provision that by its nature should survive.

22. Disclaimer of Warranties

22.1 THE APP, ALL CONTENT, AND ALL AI FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SOLLIVA AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 22.2 WITHOUT LIMITING THE FOREGOING, SOLLIVA DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE APP OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS; THAT ANY INFORMATION DISPLAYED IS ACCURATE, COMPLETE, CURRENT, OR CLINICALLY APPROPRIATE; THAT ANY AI OUTPUT IS ACCURATE, COMPLETE, OR FIT FOR ANY CLINICAL PURPOSE; THAT ANY SUBMISSION WILL BE RECEIVED, READ, OR ACTED UPON; THAT THE APP WILL DETECT ANY ERROR, OMISSION, INTERACTION, OR SAFETY SIGNAL; OR THAT USE OF THE APP WILL IMPROVE ANY HEALTH OUTCOME, SHORTEN ANY DIAGNOSTIC TIMELINE, REDUCE ANY COST, OR PREVENT ANY ERROR, DELAY, MISDIAGNOSIS, INJURY, OR ADVERSE EVENT. 22.3 Jurisdictional limits. Some jurisdictions do not permit the exclusion of certain warranties or of implied conditions. In those jurisdictions the exclusions above apply to the maximum extent permitted, and you may have additional rights that these Terms do not limit.

23. Limitation of Liability

23.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SOLLIVA AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR LOSS OF ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 23.2 TO THE FULLEST EXTENT PERMITTED BY LAW, SOLLIVA WILL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO: ANY ACT, OMISSION, OR CLINICAL DECISION OF ANY PROVIDER ORGANIZATION, CLINICIAN, CARE MANAGER, CARE NAVIGATOR, OR OTHER HEALTHCARE PROFESSIONAL; ANY DIAGNOSIS, MISDIAGNOSIS, DELAYED DIAGNOSIS, TREATMENT, OR FAILURE TO TREAT; ANY PERSONAL INJURY, BODILY INJURY, ILLNESS, DISABILITY, OR DEATH; THE ACCURACY OR COMPLETENESS OF INFORMATION ENTERED BY YOU OR BY A PROVIDER ORGANIZATION; ANY AI OUTPUT OR ANY DECISION MADE IN RELIANCE ON IT; ANY FAILURE OF A CARE TEAM MEMBER TO RECEIVE, READ, OR ACT ON INFORMATION TRANSMITTED THROUGH THE APP; ANY ADVERTISEMENT OR ANY PRODUCT OR SERVICE OBTAINED FROM AN ADVERTISER; OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA BY A THIRD PARTY. 23.3 SOLLIVA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID SOLLIVA FOR PAID FEATURES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100). THIS CAP IS AGGREGATE ACROSS ALL CLAIMS AND ALL THEORIES OF LIABILITY AND DOES NOT RESET WITH EACH CLAIM. 23.4 Exclusions from the limitation. Sections 23.1 through 23.3 do not apply to liability that applicable law does not permit to be excluded or limited, and do not apply to Solliva’s own gross negligence, willful misconduct, or fraud. Some jurisdictions do not permit exclusion or limitation of incidental or consequential damages, or of liability for personal injury; in those jurisdictions Solliva’s liability is limited to the least amount permitted by law. 23.5 Basis of the bargain. You acknowledge that Sections 22 and 23 reflect a reasonable allocation of risk, are an essential basis of the bargain, are supported by the fact that the features in Section 7.2 are provided to you without charge, and apply even if a limited remedy fails of its essential purpose.

24. Indemnification

24.1 Your indemnity. You will defend, indemnify, and hold harmless Solliva and its members, managers, officers, employees, agents, licensors, and suppliers from any third-party claim, demand, action, or proceeding, and all resulting losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses including reasonable attorneys’ fees, arising out of or relating to (a) your breach of these Terms; (b) Your Content, including any claim that it infringes a third party’s rights or was submitted without required consent; (c) your use or misuse of the App; (d) your violation of law or of the rights of any third party; or (e) any decision you make or fail to make in reliance on the App. 24.2 Procedure. Solliva will notify you of any claim for which it seeks indemnity and may assume sole control of the defense and settlement at your expense. You will cooperate at your expense and will not settle any claim in a manner imposing any obligation, payment, or admission on Solliva without its prior written consent. Delay in notice relieves you of obligations only to the extent you are materially prejudiced.

25. Consumer Complaints

25.1 California residents. Under Cal. Civ. Code § 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. 25.2 Other regulators. Nothing in these Terms limits your right to file a complaint with the United States Department of Health and Human Services Office for Civil Rights, the Federal Trade Commission, a state attorney general, a state department of health, or any other governmental authority, or to communicate with, or provide information to, any such authority. Section 26 does not apply to any such filing.

26. Dispute Resolution, Arbitration, and Class Action Waiver

26.1 PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS STATED BELOW, IT REQUIRES YOU AND SOLLIVA TO RESOLVE DISPUTES BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. SECTION 26.9 EXPLAINS HOW TO OPT OUT WITHIN THIRTY DAYS WITHOUT AFFECTING YOUR ACCESS TO THE APP. 26.2 Informal resolution. Before initiating arbitration, the party raising a dispute will send the other a written notice describing the dispute, the specific relief sought, and the basis for it, addressed to Solliva at contact@solliva.com or by mail to Solliva LLC, Attn: Legal, 7901 4th Street N STE 300, St. Petersburg, Florida 33702, or to you at the address on your account. The parties will negotiate in good faith for sixty (60) days, including at least one telephone or videoconference discussion if either requests it. This process is a condition precedent to arbitration, and all limitations periods are tolled during it. 26.3 Agreement to arbitrate. Except as provided in Sections 26.7, 26.8, and 26.9, any dispute, claim, or controversy arising out of or relating to these Terms or the App, including their formation, interpretation, breach, termination, validity, or enforceability, will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, as modified here. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section. 26.4 Arbitrator and procedure. A single neutral arbitrator will decide the dispute. The seat of arbitration is Hillsborough County, Florida, provided that you may elect to participate by telephone or videoconference, or, for claims under twenty-five thousand dollars ($25,000), to have the matter decided on written submissions alone. The arbitrator has exclusive authority to resolve all threshold issues, including arbitrability, except that a court will decide any challenge to Section 26.5. The arbitrator may award any relief available to an individual claimant in court, may not award relief on a class, collective, consolidated, or representative basis, and must issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction. 26.5 CLASS ACTION AND JURY WAIVER. YOU AND SOLLIVA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING. YOU AND SOLLIVA WAIVE ANY RIGHT TO TRIAL BY JURY. IF THIS WAIVER IS HELD UNENFORCEABLE AS TO ANY CLAIM OR AS TO A REQUEST FOR PUBLIC INJUNCTIVE RELIEF, THAT CLAIM OR REQUEST WILL BE SEVERED AND LITIGATED IN A COURT OF COMPETENT JURISDICTION UNDER SECTION 27.2 WHILE ALL REMAINING CLAIMS PROCEED IN ARBITRATION. 26.6 Mass arbitration protocol. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against Solliva by or with the assistance of the same counsel or a coordinated group within a ninety (90) day period, the demands will be administered in sequential batches of no more than fifty (50), each batch resolved before the next begins, with all limitations periods tolled for demands awaiting a batch. Bellwether outcomes are not binding on unbatched claimants but the parties will engage in good-faith mediation after the first batch. Fees will be assessed on a per-batch rather than per-case basis. 26.7 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies for that court’s jurisdiction, and (b) seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to prevent or stop actual or threatened infringement or misappropriation of intellectual property or unauthorized access to systems or data. 26.8 Fees. Solliva will pay all arbitration filing and administrative fees and arbitrator compensation that exceed what you would have paid to file in court, except where the arbitrator determines your claim was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys’ fees, unless a statute under which a claim is brought provides for fee shifting, in which case the arbitrator may award fees as that statute permits. 26.9 Right to opt out. You may opt out of this Section 26 by sending written notice to contact@solliva.com within thirty (30) days after you first accept these Terms, stating your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out affects no other provision of these Terms and will not affect your access to the App or your care in any way. 26.10 Limitations period. Any claim must be filed within one (1) year after it accrues, or within the shortest period applicable law permits if that period exceeds one year and cannot be contractually shortened. Claims filed later are permanently barred. 26.11 Amendment of this Section. A material amendment to this Section 26 does not apply to any claim of which Solliva had actual notice before its effective date, and you may reject any such amendment by written notice within thirty (30) days, in which case the version you previously accepted governs. 26.12 Severability of this Section. If any part of this Section 26 other than Section 26.5 is held unenforceable, that part will be severed and the remainder enforced. If Section 26.5 is held unenforceable in its entirety, this entire Section 26 is void and disputes will be resolved under Section 27.2.

27. General Provisions

27.1 Governing law. These Terms and any dispute arising from them are governed by the laws of the State of Florida, excluding its conflict of laws rules, except that the Federal Arbitration Act governs Section 26. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this Section deprives you of the protection of any mandatory consumer-protection provision of the law of the state in which you reside. 27.2 Venue. For any claim not subject to arbitration, the exclusive venue is the state or federal courts located in Hillsborough County, Florida. You consent to personal jurisdiction there and waive any objection based on inconvenient forum, except where applicable law entitles you to bring or defend a claim in your state of residence. 27.3 Entire agreement. These Terms, the Privacy Policy, any Paid Feature offer terms you accept, and any separate consent you provide constitute the entire agreement between you and Solliva concerning the App and supersede all prior or contemporaneous understandings on the subject. You have not relied on any statement not set out here. 27.4 Severability and reformation. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to render it enforceable while preserving the parties’ intent, or, if modification is not possible, severed. The remaining provisions continue in full force. This Section applies with particular effect to Sections 12, 22, 23, and 26. 27.5 Waiver. No failure or delay in exercising a right operates as a waiver, and no waiver is effective unless in a writing signed by the waiving party. A waiver on one occasion is not a waiver on any other. 27.6 Assignment. You may not assign or transfer these Terms or any right under them, by operation of law or otherwise, without Solliva’s prior written consent; any attempted assignment is void. Solliva may assign these Terms in whole or in part, including in connection with a merger, acquisition, financing, reorganization, or sale of assets. 27.7 Force majeure. Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, governmental action, utility or telecommunications failure, cloud service outage, or cyberattack. 27.8 Relationship; beneficiaries. Nothing creates a partnership, joint venture, agency, franchise, or employment relationship. Except for the indemnified parties identified in Section 24 and the platform beneficiaries identified in Section 18.2, there are no third-party beneficiaries of these Terms. 27.9 Notices. Solliva may give notice through the App, by email to the address on your account, or by SMS, and such notice is effective upon transmission. You must give legal notice to Solliva in writing by mail to Solliva LLC, Attn: Legal, 7901 4th Street N STE 300, St. Petersburg, Florida 33702, or by email to contact@solliva.com, effective upon receipt. 27.10 Export and sanctions. The App is subject to United States export control and sanctions laws. You represent that you will not use or export the App in violation of those laws. 27.11 Government users. If acquired by or on behalf of the United States Government, the App is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202, licensed with only the rights granted to all other users. 27.12 Construction. Headings are for convenience only. These Terms will not be construed against either party as drafter. If any provision would be unenforceable as applied to a particular person or circumstance, it remains enforceable as applied to others. 27.13 New Jersey residents. If you reside in New Jersey, no provision of these Terms limits any right or remedy that the Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 et seq., makes non-waivable, and any provision that would do so does not apply to you.

28. Regulatory Savings Clause

28.1 Interpretation consistent with law. These Terms will be interpreted at all times to permit Solliva and each Provider Organization to comply with HIPAA, 42 C.F.R. Part 2, Section 1557 of the Affordable Care Act, the information blocking provisions of the 21st Century Cures Act and 45 C.F.R. Part 171, applicable state health information and consumer health data law, and any other applicable regulatory requirement. No provision will be construed to require, permit, or excuse conduct that any of those authorities prohibits. 28.2 Automatic conformity. If a change in law or regulation, or a determination by a court or regulator, renders any provision unlawful or requires different terms, these Terms are deemed amended to the minimum extent necessary to conform, effective on the date compliance is required, and Solliva will provide notice of the change under Section 2.3.

29. Contact

Solliva LLC, 7901 4th Street N STE 300, St. Petersburg, Florida 33702 Support: contact@solliva.com | Privacy: contact@solliva.com | Security: contact@solliva.com | Legal notices: contact@solliva.com For questions about your care, your medical records, your appointments, or your account approval, contact your Provider Organization directly. Solliva cannot answer clinical questions or amend your medical record.