Website Terms of Use

1. Parties and Acceptance

These Website Terms of Use ("Terms") are a legally binding agreement between you ("you," "your," or "User") and Prevena Health, Inc., a Florida corporation ("Prevena Health," "Company," "we," "us," or "our").

By accessing, browsing, or using this Site, creating an account, submitting a contact or partnership inquiry form, joining a waitlist, or accessing any gated content or portal, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

We may update these Terms at any time by posting a revised version on this page with an updated effective date. Your continued use of the Site after any changes constitutes acceptance of the updated Terms. If we make material changes, we will provide notice through the Site or by other means as appropriate.

2. Eligibility and Account Controls

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement to use this Site. By using the Site, you represent and warrant that you meet these eligibility requirements.

If you create an account or submit information through any form on this Site, you agree to:

• Provide accurate, current, and complete information;
• Maintain the security and confidentiality of any login credentials;
• Not share your account credentials with any other person;
• Notify us promptly at legal@prevenahealth.com if you become aware of any unauthorized access to or use of your account; and
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate any account or access to the Site for reasons including, but not limited to, safety concerns, fraud, security incidents, violation of these Terms, nonpayment (if applicable), or legal or regulatory compliance requirements.

3. Product Status and Intended-Use Guardrails

Any description of a product, feature, data output, biomarker, or disease area on this Site is subject to the product's current regulatory status, labeling, instructions for use, and availability. No content on this Site expands, modifies, or creates any intended use, indication, limitation, or authorized population for any Prevena Health product, whether investigational or, in the future, commercially offered.

References to disease areas, biomarkers, molecular signals, risk insights, or clinical applications describe research and development objectives and do not constitute claims that the platform can diagnose, treat, cure, prevent, mitigate, or screen for any disease or condition.

We reserve the right to change, disable, withdraw, or modify any feature, product description, or planned capability described on this Site at any time without notice.

4. Medical Information Disclaimer

The content on this Site is provided for general informational purposes only. It is not intended to be, and does not constitute, medical advice, diagnosis, treatment, or a recommendation for any specific test, product, procedure, or course of action.

Nothing on this Site establishes a physician-patient, clinician-patient, or provider-patient relationship. You should not rely on any information on this Site as a substitute for professional medical advice. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition, symptom, or treatment.

5. Acceptable Use

You agree that you will not, and will not permit any third party to:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying structure of any software or technology on the Site;
• Conduct security testing, vulnerability scanning, penetration testing, or load testing against the Site without our prior written authorization;
• Scrape, data mine, crawl, or use automated means to collect information from the Site, except as expressly permitted by our robots.txt file;
• Attempt to circumvent any security controls, access controls, rate limits, or other protective measures on the Site;
• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Use any information, output, or content obtained from or about the Site to make automated clinical, treatment, diagnostic, or emergency response decisions unless expressly authorized by cleared product labeling and written instructions for use; or
• Misuse any export-controlled, regulated, or restricted technology or materials made available through the Site.

6. Intellectual Property and Data Rights

All content, design, text, graphics, images, illustrations, icons, software, source code, firmware, trademarks, service marks, trade names, documentation, data, and other materials on this Site (collectively, "Company Materials") are owned by or licensed to Prevena Health and are protected by United States and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purpose, subject to these Terms. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Company Materials without our prior written consent.

The Prevena Health name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Prevena Health, Inc. or its affiliates. You must not use such marks without our prior written permission.

User Submissions

If you submit feedback, suggestions, questions, ideas, or other communications through the Site, contact forms, or support channels ("User Submissions"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, and incorporate such User Submissions for operational purposes, including to improve the Site, products, and services. This license is limited to operational use and does not constitute a transfer of ownership of any intellectual property rights you may hold in the original content of your submission.

7. Safety Notices, Updates, and Communications

You agree that we may send you operational, legal, billing, security, account, safety, recall, field-correction, and other legally required communications by email, in-app notification, SMS, telephone, or mail. These communications are not marketing communications. Your marketing preferences and opt-out selections do not limit our ability to send required safety, security, regulatory, or account-related notices.

We reserve the right to deploy urgent software or firmware patches, disable insecure integrations, or require updates to any Prevena Health application or device software for continued safe operation, and to notify you of such actions through any available channel.

8. Third-Party Links and Services

This Site may contain links to third-party websites, services, or resources that are not owned or controlled by Prevena Health. We provide these links for convenience only and do not endorse or assume any responsibility for the content, privacy policies, practices, or availability of any third-party sites or services. Your use of third-party resources is at your own risk and subject to the terms and conditions of those third parties.

9. Reviews and User-Generated Content

If we make available any feature allowing user-generated content, reviews, or testimonials, we reserve the right to moderate and remove content that is unlawful, irrelevant, false, misleading, or unsafe. We will not, however, include any clause prohibiting honest reviews or imposing penalties for negative feedback.

If we host or display testimonials, we will disclose our moderation standards and comply with applicable endorsement and testimonial regulations, including FTC guidelines.

10. Disclaimers and Limitation of Liability

Disclaimers

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PREVENA HEALTH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, PREVENA HEALTH DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PREVENA HEALTH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF PREVENA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREVENA HEALTH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

The limitations in this section do not purport to limit liability for Prevena Health's gross negligence, willful misconduct, or fraud, or to the extent such limitations are prohibited by applicable law. If a product is offered for commercial sale in the future, applicable product warranty, liability, and sale terms will be governed by separate Terms of Sale and a written Limited Warranty, not by this section.

11. Indemnification

You agree to indemnify, defend, and hold harmless Prevena Health and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Site in a manner not authorized by these Terms, or your violation of any applicable law or the rights of any third party.

12. Dispute Resolution

Governing Law

These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice-of-law or conflict-of-law provisions.

Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that is not resolved through the informal process described below, shall be finally resolved by binding arbitration administered under the rules of the American Arbitration Association ("AAA") then in effect. The arbitration shall be conducted by a single arbitrator in Miami-Dade County, Florida, or at another location mutually agreed upon by the parties. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration provision.

Informal Resolution First

Before initiating arbitration, you agree to first contact us at legal@prevenahealth.com and provide a written description of your claim, along with your contact information and the specific relief you seek. The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days before initiating arbitration.

Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court in Miami-Dade County, Florida, if the claim qualifies for small claims jurisdiction.

Class Action Waiver

YOU AND PREVENA HEALTH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding.

Injunctive Relief Carve-Out

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for claims involving intellectual property misuse, confidentiality breaches, or security incidents, where monetary damages would be inadequate.

Exclusive Venue

For any claims not subject to arbitration, the exclusive jurisdiction and venue shall be the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of such courts.

13. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Prevena Health regarding the use of this Site.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver

The failure of Prevena Health to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

Electronic Records

You consent to receiving communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Contact Information

For questions about these Terms of Use, contact: