Terms of Service

Effective Date: December 19, 2025‍

Company: Aura Health, Inc. d/b/a Aurie
Contact: hello@aurie.ai

Address
Aura Health, Inc.
1 Ferry Building Ste. 201
San Francisco CA 94111

1. ACCEPTING THESE TERMS

These Terms of Service govern your use of the Aurie mobile app, website, and related services. By creating an account or using Aurie, you agree to these Terms. If you do not agree, do not use Aurie.

2. WHO CAN USE AURIE

2.1 You Must Be 18 or Older

Aurie is for adults only. You must be at least 18 years old to create an account. By signing up, you confirm you are 18 or older. We rely on self-attestation for age verification and do not verify age using government ID.

If we discover a user is under 18, we will immediately delete their account and data.

COPPA Compliance: Aurie is not intended for children under 13. We do not knowingly collect personal information from children under 13. If we discover a child under 13 has provided information, we will delete it immediately.

Parents: If you believe your child under 18 has created an account, please contact us immediately at hello@aurie.ai. We will verify your parental relationship, delete the account, and confirm deletion. Under COPPA, parents have the right to review and delete their child's information. Contact us for help.

2.2 Availability by Region

Aurie is available in multiple regions, except where prohibited by law. Some features or content may not be available in all countries or territories.

We may use reasonable technical measures, such as IP lookup and system settings, to infer your general location for purposes such as fraud prevention, security, compliance with export controls, and lawful restrictions.

We may block VPNs, proxies, or other tools that obscure location when necessary for safety, security, or legal reasons.

Aurie does not guarantee that all features will be accessible in every region.

2.3 Keep Your Account Info Accurate

Provide accurate, current, and complete information when you sign up. Keep it updated. You are responsible for keeping your account credentials secure.

2.4 One Account Per Person

You may not:

• Share, sell, transfer, or assign your account to someone else
• Create an account for another person (unless we have authorized it)
• Create multiple accounts to get around restrictions
• Use someone else's name, email, or information without permission

2.5 Protect Your Login

Do not share your password or login credentials. Do not collect or use other people's login info. You are responsible for everything that happens under your account, even if someone else uses it.

3. WHAT AURIE OFFERS

Aurie is an AI-powered mental wellness companion provided for general wellness and educational purposes.

Features may include:

• AI Conversations. Chat with Aurie, your AI wellness companion, powered by external AI processing providers acting as service providers
• Private Journal. Personal journal entries and reflections that are private to you
• Audio Library. Listen to guided meditations, sleep stories, and wellness audio available on the Aura platform
• Voice Features. Talk to Aurie using text-to-speech and speech-to-text technologies provided through external voice processing and audio generation service providers
• Health Integrations. Optionally connect with Apple Health and supported wearables, if you choose to opt in
• Other tools. Additional wellness tools and content that we may add from time to time

AI responses may be inaccurate, inappropriate, or incomplete. You must use your own judgment when relying on or acting on any information provided by the Services.

3.1 AI Safety and Design Principles

We design features with user well-being in mind, but cannot guarantee any specific outcome.

Aurie does not monitor messages in real time and cannot detect, respond to, or intervene in emergencies.

If in the future we offer features specifically designed for minors, we will implement additional safeguards and obtain required consents as required by applicable law. At this time, Aurie is intended only for users 18 and older.

3.2 Beta Features

From time to time, we may offer features labeled “Beta,” “Alpha,” “Experimental,” or “Preview.” These:

• May not work as intended
• May be changed, suspended, or discontinued without notice
• May have limited or no support
• Should not be relied on for critical or time-sensitive decisions

You use beta features at your own risk.

3.3 Free and Paid Features

Aurie may offer both free and paid features or subscriptions. We will clearly indicate when a feature requires payment before you are charged.

Details about pricing, free tiers, and paid subscriptions will be presented in the app or on our website and may change from time to time in accordance with Section 9 and the “Changes to These Terms” section.

4. AURIE IS NOT MEDICAL CARE

Aurie and the Services do not provide medical or mental health care and do not create a doctor–patient, therapist–client, or other professional relationship. The Services do not:

• Diagnose, treat, cure, or prevent any medical, psychiatric, or mental health condition
• Provide medical, psychological, or therapeutic advice
• Replace professional medical, psychological, or mental health care

Any references to mental health conditions, symptoms, or similar topics are generated algorithmically and should not be interpreted as clinical evaluation, diagnosis, or treatment recommendations. AI outputs are not tailored to your unique circumstances and may not be reliable.

You should not rely on Aurie for medical or crisis decisions. Always seek the advice of a qualified health care provider for questions about a medical or mental health condition.

If you are in crisis or think you may harm yourself or others:

• Call 988 (U.S. Suicide & Crisis Lifeline)
• Text HOME to 741741 (Crisis Text Line, U.S.)
• Call 911 or your local emergency number

Aurie does not monitor messages in real time, cannot guarantee that it will detect crisis language, and cannot contact emergency services on your behalf.

5. WHAT YOU CAN'T DO

You agree that you will not, and will not assist or allow others to:

Stay Legal and Safe

• Violate any applicable law or regulation
• Infringe or violate any third-party rights, including privacy, publicity, or intellectual property rights
• Harass, stalk, threaten, or impersonate any person or organization
• Share private or confidential information about others without their consent
• Use the Services in any way that could harm or exploit minors

Do Not Interfere With the Services

• Upload or distribute viruses, malware, or other malicious code
• Attempt to overload, disrupt, or interfere with the proper working of the Services
• Bypass or attempt to bypass any security or access controls
• Use bots, scrapers, or other automated tools without our prior written consent
• Reverse engineer, decompile, or attempt to derive source code for the Services except as permitted by applicable law

Respect Content and Intellectual Property

• Infringe or misappropriate Aurie’s or any third party’s intellectual property
• Use AI features to generate content that is harmful, discriminatory, deceptive, or illegal
• Scrape, extract, or export data from the Services, including by using automated systems such as crawlers, scrapers, or large language models, without our written permission

Play Fair

• Falsely claim to be affiliated with Aurie
• Interfere with or prevent other users from using or enjoying the Services
• Create fake accounts or otherwise misrepresent your identity

If you violate these obligations, we may suspend or terminate your account as described in Section 12.

6. YOUR CONTENT AND DATA

6.1 You Own What You Create

You own the content you create in Aurie (“Your Content”), including:

• AI conversations
• Journal entries and reflections
• Notes and personal content
• Feedback and suggestions you provide to us

6.2 What We Can Do With Your Content

You grant Aurie a worldwide, non-exclusive, royalty-free license to host, store, process, and use Your Content solely to:

• Provide, maintain, and protect the Services
• Operate necessary integrations with our service providers
• Improve Aurie in a privacy-preserving manner, for example through aggregated or de-identified analytics
• Comply with legal obligations and enforce these Terms

This license continues until Your Content is deleted as described below, subject to legal retention obligations and backup limitations.

6.3 Your Journal Is Private

Your journal entries are private by default and are not shared with other users. We do not sell your journal or conversations and we do not show them to third parties for their own marketing purposes. We do not monitor your journal or conversations in real time. However, we may use automated systems to detect certain keywords to display crisis resources as described in Section 11.5.

We share your data only:

• As described in our Privacy Policy and these Terms
• With service providers and processors who are contractually required to use your information only on our behalf and not for their own purposes
• When required by law, legal process, or governmental request
• With your explicit consent

Service provider agreements require that partners act as “service providers” or “processors” for purposes of applicable privacy laws, including the CCPA and CPRA. They are prohibited from using your data for their own purposes.

6.4 Your Responsibility

You are responsible for Your Content and making sure it is legal. Do not post anything illegal, harmful, or that violates someone else's rights.

6.5 Nothing's Confidential

Unless our Privacy Policy says otherwise, Your Content is not confidential between you and Aurie.

6.6 We Can Use Your Feedback

If you send us ideas, suggestions, or feedback, we can use them freely without paying you or owing you anything.

6.7 Your Data Rights

Under California and Washington privacy laws, you have the right to:

• Access your personal data and health data
• Delete your data (with some legal exceptions)
• Correct inaccurate information
• Opt out of data sharing with third parties
• Withdraw consent for data processing

You can exercise your privacy rights by emailing us at hello@aurie.ai. We will respond within 45 days. For more details, see our Privacy Policy and Consumer Health Data Privacy Policy.

6.8 Global Privacy Control and “Do Not Sell or Share”

We do not sell your personal information. When we use measurement or analytics tools, they operate in privacy-protective service-provider modes and are not permitted to use your data for cross-context behavioral advertising.

When we use analytics, infrastructure, voice, or AI processing vendors, they act as service providers or processors on our behalf and are contractually restricted from using your personal data for their own independent purposes.

We honor Global Privacy Control signals where legally required. If your browser sends a supported Global Privacy Control signal, we will treat it as a request to opt out of activities that would constitute “sale” or “sharing” under applicable law. You may also manage your preferences through in-app settings when available.

7. AURIE'S CONTENT AND INTELLECTUAL PROPERTY

7.1 We Own the App

Aurie and everything in it—the design, features, code, and content—belongs to us or our partners. It is protected by copyright, trademark, patent, and trade secret laws.

7.2 Our Audio Library

The audio meditations, sleep stories, music, and wellness recordings made available through the Services may be created by us or by third-party instructors, musicians, and wellness experts.

You may stream and listen to this content for your personal, non-commercial use through the Services only. You may not:

• Download, copy, record, or redistribute it outside the Services, except where we clearly enable a download function for personal use
• Share your login or otherwise allow others to access paid content without authorization
• Use the content for commercial purposes without our written consent
• Remove or alter any attribution, copyright, or other notices

Some audio or other content may be generated using AI technology. Unless otherwise stated, such content is owned by Aurie and licensed to you only as described in these Terms. We may add or remove content at any time for business or licensing reasons.

7.3 Do Not Copy Our Stuff

You cannot:

• Copy, modify, or create derivative works from Aurie’s content
• Distribute, sell, or license anything from Aurie
• Remove copyright or trademark notices
• Frame or mirror any part of Aurie

7.4 Our Trademarks

“Aurie,” our logos, and our design elements are trademarks or trade dress of Aura Health, Inc. You may not use them without our prior written permission.

7.5 No Scraping or AI Training

You may not use any automated system, including scripts, crawlers, scrapers, machine learning models, or large language models, to access, extract, or copy data from the Services without our prior written consent, nor may you use data from the Services to train or improve other AI models or services.

8. THIRD-PARTY SERVICES

Aurie works by integrating with external service providers that support functions such as AI processing, voice features, hosting, authentication, analytics, error monitoring, safety evaluations, and measurement of installs and subscription conversions.

These partners act only as “service providers” or “processors” under applicable law and are contractually required to process information solely on our behalf, not to sell it or use it for their own independent purposes. We maintain Data Processing Agreements with all partners that handle personal information, which reinforce these obligations under laws such as the CCPA and CPRA.

A high-level description or list of our current service providers is available upon request.

We are not responsible for third-party services outside of the work they perform for us under these agreements.

9. SUBSCRIPTIONS AND BILLING

9.1 How Billing Works

If you subscribe to Aurie, you authorize us to charge your payment method automatically until you cancel.

We may change prices, but we will give you advance notice. Price changes apply to future billing cycles.

9.2 Free Trials

We may offer free trials for certain subscriptions. The length of any free trial will be disclosed before you sign up. Unless you cancel before the end of the trial period, your subscription will automatically continue and you will be charged at the then-current rate. You can cancel any time before the end of the trial to avoid charges.

9.3 Refunds

Except where required by law, fees are non-refundable once a billing period begins. Certain platforms, such as Apple’s App Store or Google Play, may have their own refund policies that apply when you subscribe through them.

9.4 How to Cancel (Click-to-Cancel)

You can cancel your subscription anytime using the same method you used to sign up. We will not make you call, email, or jump through hoops.

To cancel:

• In the app: Profile → Settings → Billing & Subscription → Manage Plan → Cancel

You will get a confirmation with the effective date.

Cancellation takes effect either immediately or at the end of your current billing cycle, depending on your plan.

Renewal Notices for Annual Plans: If you have an annual subscription with automatic renewal, we will send you a reminder 30–60 days before the renewal date, showing:

• The renewal date
• The renewal price
• How to cancel easily using the same method you used to sign up

You can cancel anytime before the renewal date to avoid being charged.

9.5 Payment Processing

Payments may be processed by third-party payment platforms, such as:

• Apple in-app purchase, subject to Apple’s terms
• Google Play Billing, subject to Google’s terms
• Stripe or another processor for web payments

We do not store your full credit card number on our servers. Payment information is transmitted directly to the payment processor.

10. SERVICE AVAILABILITY AND DATA

10.1 We Will Do Our Best

Aurie may be unavailable sometimes due to:

• Scheduled maintenance
• Emergency repairs
• Network or equipment problems
• Events beyond our control

We are not liable if the service goes down.

10.2 We Can Make Changes

We may change, pause, or stop features anytime when needed for:

• Safety, security, or legal reasons
• Technical improvements
• Business decisions

We may also remove content at our discretion.

10.3 Keep Your Own Backups

Aurie is not a backup service. Keep your own copies of important content (like exporting your journal regularly).

Deleted content may exist in backups or be kept for legal reasons, but it might not be recoverable.

10.4 How Long We Keep Your Data

While your account is active:

• Voice recordings. Voice input is processed in real time. Temporary audio and transcripts may be retained for up to 5 days by our voice processing partner solely for troubleshooting and quality assurance, and are automatically deleted after that period. These temporary files are not used for model training and can be disabled in the future if needed.
• Analytics. Analytics data is retained for the period configured in our analytics platform. Raw analytics data may be retained for a shorter or longer period depending on provider settings, and aggregated or de-identified analytics may be retained indefinitely.

We log only that crisis resources were shown, along with limited technical metadata, for safety monitoring, service integrity, detecting misuse, service improvement, and potential legal compliance. We do not log the content of your messages for this purpose.

After you delete your account:

Most personal data will be deleted or de-identified within approximately 45 days, except as described below:

• Legal compliance data. Some information may be retained as required by law, including for fraud prevention, security, tax obligations, or to comply with lawful requests.
• Backups. Deleted data may remain in encrypted backups for up to 90 days as part of our standard backup rotation. Backup data is not accessible or recoverable once your account is deleted.

10.5 We Take Security Seriously

We use industry-standard security to protect your data:

• Encryption in transit (TLS/SSL)
• Encryption at rest
• Secure authentication
• Regular security audits

But no system is 100% secure. You are responsible for:

• Keeping your password secret
• Using a strong, unique password
• Reporting security concerns to hello@aurie.ai

We will notify you of data breaches as required by law.

11. AI, HEALTH DATA, AND IMPORTANT DISCLOSURES

11.1 AI Wellness Companion

Aurie uses artificial intelligence to provide conversational wellness support. You understand that:

• You are interacting with an AI system, not a human
• Aurie is not a licensed therapist, counselor, psychologist, or doctor
• AI is for wellness and education only

You will see reminders:

• Before your first conversation (onboarding disclaimer)
• A permanent “AI Companion” indicator during chats

11.2 AI Has Limits

AI can be wrong, incomplete, biased, outdated, or inappropriate. Do not rely on AI for:

• Medical diagnosis or treatment
• Mental health crises
• Thoughts of self-harm or suicide
• Legal, financial, or safety decisions

Always use your judgment and consult professionals when appropriate.

11.3 Not a Substitute for Real Care

Aurie does not replace therapy, counseling, or medical treatment.

If you need help:

• Crisis: 988 (Suicide & Crisis Lifeline) or text HOME to 741741
• Emergency: Call 911
• Ongoing care: See a licensed therapist or doctor

11.4 Sensitive Data Requires Your Consent

Apple Health and Wearables: We only access data from Apple Health or wearables if you explicitly opt in.

We may access categories of wellness-related data that you authorize, such as sleep data, activity levels, heart rate information, and mindfulness minutes.

We do not access reproductive health, clinical records, blood glucose, or other sensitive categories without separate, specific consent.

How We Use It:

• To provide personalized wellness insights based on your activity and sleep
• To suggest relevant audio content (e.g., sleep meditations if your sleep data shows you slept poorly)
• To tailor check-ins and prompts to your wellness patterns

Specific purposes are shown when you grant access.

Apple's Requirements: Health data from Apple Health is:

• Used only within Aurie
• Never sold or shared for advertising or marketing
• Never used to train AI models outside of personalizing your experience

You control access. Revoke anytime via:

• iOS: Settings → Privacy & Security → Health → Aurie → Turn Off All
• Aurie App: Settings → Connected Devices → Apple Health → Disconnect

For Apple's health data policies: https://www.apple.com/legal/privacy/data/en/health-records/

Voice Features: By enabling voice, you consent to Aurie and our external speech processing, transcription, and audio generation service providers processing your voice data solely to provide the voice features.

IP Address and Location Data: Under Washington's My Health My Data Act, IP addresses may be treated as consumer health data when collected in connection with wellness applications. We collect IP for:

• Compliance with export controls and lawful regional restrictions
• Fraud prevention and security
• Analytics and service improvement

We use IP address and coarse location information before onboarding only to support security, prevent fraud, and comply with legal obligations. We do not use this information for personalization until onboarding is complete.

11.5 Crisis Detection and Resources

Aurie may use automated systems to detect certain words or phrases that could indicate distress or self-harm. If these triggers are detected, the app may:

• Display crisis resources, such as 988, Crisis Text Line, and emergency services
• Show supportive messages encouraging you to seek professional help

We do not monitor messages in real time, and keyword detection may be incomplete or may not function as expected. We do not log the content of your messages for this purpose. We log only that crisis resources were shown, along with limited technical metadata, for safety monitoring, service integrity, and detecting misuse.

You remain responsible for seeking emergency or professional help when needed.

Crisis Protocol Publication: Our complete crisis detection and response protocol is published at aurie.ai and updated annually as required by California law.

12. ENDING YOUR ACCOUNT

12.1 We May Suspend or Terminate

We may suspend or end your account if:

• You violate these Terms
• Your account creates legal risk
• It threatens platform security or integrity
• Required by law
• Your account is inactive for a long time

Appeal: If we suspend or terminate your account, you can appeal by emailing hello@aurie.ai with:

• Your account email
• Why you think we made a mistake

We will review appeals within 7 business days.

12.2 You Can Leave Anytime

Delete your account anytime:

• In the app: Settings → Account → Delete Account

12.3 What Happens After

When your account ends:

• You cannot use Aurie anymore
• Your data (including journal) is deleted within 45 days per our Privacy Policy
• Some data stays in backups or for legal reasons (limited technical logs for safety and compliance purposes, legal holds)

These sections survive: Intellectual Property, Disclaimers, Liability Limits, Indemnification, Dispute Resolution, Governing Law.

13. DISCLAIMERS (THE LEGAL STUFF)

AURIE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW.

WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• DEFECTS WILL BE CORRECTED
• AI RESPONSES OR OTHER CONTENT WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR SITUATION
• CONTENT WILL ALWAYS BE AVAILABLE OR STORED WITHOUT LOSS
• THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS

YOU USE THE SERVICES AT YOUR OWN RISK. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR USER CONTENT OR THIRD-PARTY CONTENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THAT CASE, THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AURIE, AURA HEALTH, INC., OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, OR OTHER TECHNICAL PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY
• ANY CONTENT OBTAINED FROM THE SERVICES, INCLUDING AI-GENERATED CONTENT
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT WILL OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF:

• ONE HUNDRED U.S. DOLLARS (US$100), OR
• THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OF THIS TYPE. IN SUCH CASES, THESE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

15. YOU'LL DEFEND US (INDEMNIFICATION)

You agree to defend, indemnify, and hold harmless Aura Health, Inc., Aurie, and our affiliates, officers, directors, employees, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or the rights of a third party, including intellectual property, privacy, or publicity rights
• Your Content, including any allegation that Your Content is unlawful or infringes the rights of another party

We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate with our defense of such claims.

16. ARBITRATION AND CLASS ACTION WAIVER

IMPORTANT: THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Agreement to Arbitrate

Except for disputes that qualify for small claims court and certain intellectual property disputes described below, you and Aurie agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration under the Federal Arbitration Act and the rules of the American Arbitration Association (“AAA”) applicable to consumer disputes.

The arbitrator, and not any court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable.

16.2 Exceptions

You and Aurie agree that the following types of disputes may be brought in court rather than arbitration:

• Individual claims that qualify for small claims court
• Claims seeking to enforce, protect, or determine the validity of intellectual property rights, such as copyrights, trademarks, trade secrets, or patents
• Claims seeking temporary or preliminary injunctive relief in aid of arbitration

16.3 Class and Representative Action Waiver

You and Aurie agree that any arbitration will be conducted only on an individual basis, and not as a class, collective, consolidated, or representative action.

You and Aurie expressly waive any right to participate in or bring any class action or to seek relief on behalf of any person other than yourself, whether in arbitration or in court.

If a court or arbitrator determines that the class action waiver in this section is unenforceable as to any claim, then the arbitration agreement will be unenforceable as to that claim, and that claim must proceed in court.

16.4 Arbitration Procedures

Arbitration will be administered by the AAA under its Consumer Arbitration Rules. If the AAA is unavailable, the parties will select an alternative arbitration provider. The arbitrator’s decision will be final and may be entered as a judgment in any court of competent jurisdiction.

Each party will be responsible for its own attorneys’ fees, except to the extent that applicable law provides otherwise.

16.5 Opt Out

You may opt out of this arbitration agreement by sending a written notice to legal@aurie.ai within 30 days after you first accept these Terms. Your opt-out notice must include:

• Your full name
• The email address associated with your Aurie account
• A clear statement that you opt out of the arbitration agreement in these Terms of Service

If you opt out of arbitration, disputes will be resolved in court as described in Section 18.

17. TIME LIMITS FOR CLAIMS

To the extent permitted by law, you must bring any claim or cause of action arising out of or relating to the Services or these Terms within one (1) year after the claim accrues. Otherwise, the claim is permanently barred.

18. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules and excluding the U.N. Convention on Contracts for the International Sale of Goods.

If the arbitration agreement in Section 16 does not apply to you or to a particular dispute, you and Aurie agree that any non-arbitrable dispute will be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue in those courts.

19. REGIONAL AVAILABILITY AND EXPORT RULES

The Services may be subject to U.S. export control laws and sanctions regulations. Aurie may limit availability of the Services in certain countries or regions where providing the Services would be unlawful or would require regulatory approvals that we have not obtained.

Aurie is intended for global use, except where prohibited by applicable law. We may restrict or disable access in regions subject to U.S. sanctions or export restrictions.

20. CHANGES TO THESE TERMS

We may update these Terms from time to time. If we make material changes, we will provide notice, for example by updating the “Effective Date,” sending an email, or displaying a notice in the app or on our website.

Unless a change is required for safety, security, or legal compliance, material changes will take effect no earlier than 30 days after we provide notice. If you continue to use the Services after the changes take effect, you are agreeing to the updated Terms.

For disputes that arose before the Effective Date of an updated version, the version in effect at the time the dispute arose will apply.

21. MISCELLANEOUS

21.1 Assignment

You may not assign or transfer these Terms, or your rights or obligations under them, without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

21.2 Severability

If any provision of these Terms is found 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.

21.3 No Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

21.4 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or terms referenced here, constitute the entire agreement between you and Aurie regarding the Services and supersede any prior agreements or understandings.

21.5 Force Majeure

We will not be liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or other events of force majeure.

21.6 Notices and Electronic Communications

We may provide notices to you through the Services, by email to the address associated with your account, or by posting on our website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

21.7 Language

These Terms are written in U.S. English. If we provide translations of these Terms, the English version will control if there is any conflict.

21.8 Accessibility

We are committed to making Aurie reasonably accessible to users with disabilities. Current features include, where supported:

• Compatibility with iOS VoiceOver and Android TalkBack
• Voice input and output through supported devices and partners

If you encounter accessibility issues, please contact support@aurie.ai so we can investigate and improve.

22. CONTACT US

If you have questions or concerns about these Terms or the Services, you can contact us at:

• Email: hello@aurie.ai
• Postal mail:
  Aura Health, Inc.
  1 Ferry Building Ste. 201
  San Francisco CA 94111

By using Aurie, you acknowledge that you have read, understood, and agree to these Terms of Service.