Terms of Service

Effective August 1, 2026 · Last updated August 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile and web applications, virtual clinician experience, text messaging programs, and related services (collectively, the “Services”) provided by Elevare Health, Inc. (“Elevare,” “we,” “us,” or “our”), a Delaware public benefit corporation.

By creating an account, using the Services, or participating in an Elevare program, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

1. The Services; Not a Substitute for Your Doctor

Elevare provides a digital maternal health platform that supports members from pre-conception through the postpartum period. The Services include educational content, personalized care guidance, remote monitoring that surfaces early signals which may warrant clinical follow-up, and coordination with a care team that may include nurses, social workers, and physicians (a clinician-on-the-loop model).

The Services complement, and do not replace, your relationship with your own healthcare providers. Your obstetrician, midwife, or other treating clinician remains your primary source of medical care. Content and guidance provided through the Services, including by the virtual clinician, is for informational and care-support purposes. Where licensed clinicians deliver care through the Services, that care is provided by those clinicians consistent with applicable professional standards, and nothing in these Terms alters their professional obligations to you.

Do not disregard or delay seeking professional medical advice because of anything you read or receive through the Services.

2. Emergencies

The Services are not for emergencies. If you think you are experiencing a medical emergency, call 911 or your local emergency number, or go to the nearest emergency department, immediately. Do not rely on the Services, including text messages or the virtual clinician, to request emergency assistance. Messages sent through the Services may not be reviewed in real time.

3. Eligibility

You must be at least 18 years old and located in the United States to use the Services. By using the Services, you represent that you meet these requirements and that all registration information you provide is accurate and current. Certain features may be available only to members of participating employer programs, health plans, or provider organizations, and additional program terms may apply.

4. Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at support@elevare.health of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that present a security risk.

5. SMS Text Messaging Terms

If you opt in to an Elevare text messaging program, including user testing and feedback programs:

• You consent to receive recurring text messages from Elevare at the number you provide. Consent is not a condition of purchase or of receiving care.
• Message frequency varies; during active programs, expect approximately 2 to 4 messages per week.
• Message and data rates may apply.
• Reply STOP to cancel at any time. Reply HELP or email support@elevare.health for help.
• Carriers are not liable for delayed or undelivered messages.
• You agree to notify us promptly if you change or deactivate your mobile number.

6. User Testing and Feedback Programs

If you participate in a user testing, beta, or feedback program:

• Features you test may be pre-release, may contain errors, and may change or be discontinued without notice.
• You agree to provide honest feedback and to keep non-public features and materials confidential unless we authorize disclosure.
• Feedback license: you grant Elevare a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate into the Services any feedback, suggestions, comments, screenshots, or other materials you submit, without compensation or attribution. We will handle any personal or health information contained in your submissions in accordance with our Privacy Policy.

7. License and Acceptable Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use. You agree not to:

• Use the Services in any way that violates applicable law or the rights of others;
• Access or attempt to access another user’s account or information;
• Reverse engineer, decompile, scrape, or extract source code, models, or data from the Services;
• Interfere with or disrupt the integrity or performance of the Services;
• Use the Services to transmit malware, spam, or unlawful content;
• Misrepresent your identity or eligibility; or
• Use the Services to build a competing product or service.

8. Intellectual Property

The Services, including all software, models, content, clinical protocols, designs, trademarks, and documentation, are owned by Elevare or its licensors and are protected by intellectual property laws. Except for the limited license in Section 7, no rights are granted to you. “Elevare” and associated logos are trademarks of Elevare Health, Inc.

You retain ownership of the information you submit to the Services. You grant us the licenses necessary to operate the Services as described in these Terms and the Privacy Policy.

9. Third-Party Services and Content

The Services may link to or interoperate with third-party services, such as wearables, health record networks, and content partners. Third-party services are governed by their own terms and privacy policies, and we are not responsible for them. Licensed third-party content made available through the Services is provided for educational purposes and reflects the views of its authors.

10. Privacy

Our collection and use of your information, including health information, is described in our Privacy Policy. Where Elevare provides Services on behalf of a HIPAA covered entity, protected health information is also governed by HIPAA and applicable Business Associate Agreements.

11. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MONITORING FEATURES WILL SURFACE EVERY SIGNAL RELEVANT TO YOUR HEALTH. NOTHING IN THIS SECTION LIMITS THE PROFESSIONAL OBLIGATIONS OF LICENSED CLINICIANS PROVIDING CARE THROUGH THE SERVICES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ELEVARE FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY ARISING FROM PROFESSIONAL MEDICAL SERVICES PROVIDED BY LICENSED CLINICIANS.

13. Indemnification

You agree to indemnify and hold harmless Elevare and its officers, directors, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or misuse of the Services, except to the extent caused by our own conduct.

14. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Services, with notice where practicable. Sections that by their nature should survive termination (including Sections 6, 8, and 11 through 16) survive.

15. Dispute Resolution; Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

Informal resolution first. Before filing a claim, you and Elevare agree to try to resolve the dispute informally. Either party may begin this process by sending a written notice describing the dispute to the other (for Elevare, at support@elevare.health). If the dispute is not resolved within 60 days of the notice, either party may proceed as set out below.

Binding individual arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will be conducted by a single arbitrator, in the county where you reside or remotely by videoconference at your election. Elevare will pay all arbitration filing, administration, and arbitrator fees beyond the amount you would pay to file the claim in court. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or other equitable relief in court to protect intellectual property or confidential information. This Section does not require arbitration of claims that under applicable law cannot be subject to a pre-dispute arbitration agreement, including claims arising from professional medical services provided by licensed clinicians, and does not limit rights you may have under applicable consumer protection or medical malpractice law.

Class action waiver. You and Elevare agree that disputes will be resolved only on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in court.

30-day right to opt out. You may opt out of this arbitration agreement by emailing support@elevare.health within 30 days of first accepting these Terms, stating your name and that you decline arbitration. Opting out does not affect any other provision of these Terms.

Coordinated filings. If 25 or more similar arbitration demands are filed against Elevare with the assistance of the same or coordinated counsel, the parties agree the demands will be resolved in staged batches under the AAA’s procedures for multiple case filings, to ensure each claim is heard efficiently and individually.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Services or by email before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to updated Terms, stop using the Services.

17. General

These Terms, together with the Privacy Policy and any program-specific terms, are the entire agreement between you and Elevare regarding the Services. If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

18. Contact

Elevare Health, Inc. · support@elevare.health