Welcome to SonarMD! SonarMD, Inc., together with its affiliated companies, is collectively referred to as "SonarMD", "we", "us", or "our" herein. Any individual, healthcare provider, subscriber, or patient using SonarMD's Products or Services is a user and is referred to as "User", "you", or "your" herein.

These terms of use (these "Terms") create a contract between you and SonarMD and outline your rights and obligations, when using our website www.sonarmd.com, digital platforms, software, mobile applications, and related technologies and tools for care coordination, targeted care management, and patient navigation and support owned and operated by SonarMD now or in the future (each and collectively, the "Products"). These Terms also outline your rights obligations when using our services that are designed to facilitate your interactions with health plans, healthcare providers, and other healthcare-related entities (each and collectively, "Providers") and to improve the delivery of healthcare and patients' health and wellbeing, including care coordination, targeted care management, patient navigation and support, health and wellness education, and research and outreach activities owned and operated by SonarMD now or in the future (each and collectively, the "Services").

SonarMD reserves the right at any time to change, suspend, or discontinue any current Products or Services, or make available new Products or Services. By using any of the Products or Services, including without limitation, after any change, suspension, or discontinuance, you are agreeing to any such change, suspension, or discontinuance.

1. User Eligibility; Children Under Thirteen

SonarMD's Products and Services are designed for use by adult residents of the States of California, Illinois, Minnesota, or North Carolina while physically located within the United States. You must be a legal resident of one of these states to use the Products or Services and physically located within the United Sates while using the Products or Services. If you are not a legal resident of one of these states or are not physically located within the United States, do not use any of the Products or Services.

By using the Products or Services, you represent and warrant that you (a) are 13 years of age or older (or are the parent or guardian of a patient who is 13 years of age or older), (b) are a legal resident of California, Illinois, Minnesota, or North Carolina, (c) physically located within the United Sates while using the Products or Services, (d) have not been previously suspended or removed from the Products or Services, or engaged in any activity that could result in suspension or removal from using the Products or Services, and (e) have full power and authority to consent to and enter into these Terms and in so doing will not violate any other agreement to which you are a party.

2. Not a Healthcare Provider; No Provision of Medical Care or Clinical Services

SonarMD are not healthcare providers. Products or Services do not constitute, or include, the provision of medical, clinical, or other professional services. Always directly contact your healthcare provider with any questions regarding your medical care or treatment or personal health or wellbeing. If any medical, clinical, or other professional services are provided to you by a healthcare provider through the Products or Services, such services are not provided by SonarMD but rather are provided by such healthcare provider.

Products or Services may be used by Providers in caring for their patients and/or by subscribers or patients using such Products or Services as a supplement to, and not a substitute for, the expertise, skill, knowledge and judgment of Providers. Users should not and must not rely on Products or Services as their primary tool for communicating, gathering, storing, updating, sharing or assessing health information including changes to a patient's health status.

While Providers may use Products or Services to communicate with their patients, we are not responsible for monitoring such communications, and we are not a party to transactions or interactions that may occur between Providers and their patients. In addition, we are not responsible for, and we expressly disclaim all liability that may result from, any information made available by subscribers or patients to Providers, or visa versa, and the conduct of Users, whether online or offline.

3. Responsibility for Care; Healthcare Provider Credentials

Your healthcare is solely your responsibility and the responsibility of your Providers. Providers are the exclusive providers of, and have sole responsibility for, medical care, clinical services, healthcare treatments, or other professional services. SonarMD collaborates with Providers through the Products or Services. Each Provider, and not SonarMD, is solely responsible for obtaining informed consent.

SonarMD do not sponsor, endorse, recommend, or approve of any Provider, nor do we represent or warrant that any Provider is licensed, qualified, insured, or capable of performing any item or service, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any Provider, or the suitability, reliability or accuracy of the items and services they provide. SonarMD are not responsible for credentialing or verifying the qualifications of Providers. We make no representation or warranty regarding the accuracy of any credentials or qualifications of Providers. You should independently confirm whether your Provider is licensed, appropriately credentialed and qualified, insured, and in good standing with such Provider's licensing board(s) and professional board(s) and association(s).

4. Accounts and Communications

To access and use the Products or Services, you may need to register for a SonarMD account ("Account") or have a mobile telephone. By creating an Account, you agree to (a) provide accurate, current, and complete Account information, (b) maintain and promptly update, as necessary, your Account information, (c) maintain the security of your Account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Products or Services on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Products, Services, or your Account. You further understand and agree that SonarMD may take actions deemed reasonably necessary to prevent, respond to, pursue, or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your Account.

By creating an Account or providing your mobile telephone number to SonarMD, you consent to receiving communications from SonarMD, Providers, and other third parties in connection with the Products or Services. These communications include without limitation calls, autodialed calls, text messages, and postings and are a part of your relationship with us. These communications may include notices about your Account (e.g., password changes and other information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation, the requirement that such communications be in writing. You should maintain copies of electronic communications from us by printing a hardcopy or saving an electronic copy.

5. Privacy Policy

SonarMD take the privacy of your personal data very seriously. SonarMD's data practices are set forth in our Privacy Policy (www.sonarmd.com/privacy-policy), which is incorporated into these Terms by reference. We reserve the right to change our Privacy Policy at any time. By using the Products or Services, you are agreeing to all of the provisions of our Privacy Policy, agreeing to the data practices set forth in our Privacy Policy, the collection, use, and disclosure of your personal data pursuant to our Privacy Policy, and agreeing to comply with, and be bound by, our Privacy Policy.

6. Artificial Intelligence

SonarMD utilizes third party, and may utilize its own, artificial intelligence, generative artificial intelligence, and machine learning technologies, agentic AI systems including third party platforms and tools (collectively, "AI Tools"), to power, support, facilitate, or automate certain features of the Products and Services. SonarMD may use AI Tools provided by third parties, and those AI Tools may be subject to the applicable third party's own terms and conditions, policies, and notices.

By using the Products or Services, you acknowledge and consent to SonarMD's use of AI Tools as described in these Terms. You understand and agree that certain communications, information, workflows, and interactions may be generated, facilitated, supported, or automated by AI Tools rather than by a human being.

User Content, including protected health information and personal data, may be transmitted to, processed by, or accessible to third-party AI tool providers in connection with the operation of AI-enabled features of the products and services. Such third-party providers may process user data in accordance with their own terms, conditions, and privacy policies, which may differ from SonarMD's.

SonarMD implements commercially reasonable safeguards to protect User Content processed through AI tools but does not guarantee that user data will not be disclosed, accessed, or exposed in connection with the use of AI tools, including through the acts or omissions of third-party AI tool providers.

To the fullest extent permitted by applicable law, SonarMD and the SonarMD parties shall not be liable for any disclosure, access, exposure, loss, or unauthorized use of user data arising from or related to the use of AI tools, including the acts or omissions of third-party AI tool providers. Users assume all risk associated with the transmission of user data through AI tools.

Additional information regarding how user data may be collected, used, and disclosed in connection with AI tools is set forth in our Privacy Policy (www.sonarmd.com/privacy-policy).

SonarMD's Products and Services or third party products and services, utilizing any AI Tool, including but not limited to a chatbot, virtual assistant, messaging feature, care navigator, automated outreach tool, alert system, or communication functionality, may not be monitored continuously, or routinely reviewed, escalated, or acted upon by healthcare provider and is not intended to identify emergencies, crisis situations, urgent medical conditions, suicidal ideation, threats of self-harm, or other circumstances requiring immediate intervention.

AI-generated content, recommendations, summaries, communications, and other outputs are for informational purposes only and should not be construed as medical advice, diagnosis, or treatment. AI tools do not independently practice medicine, diagnose conditions, prescribe treatment, establish a provider-patient relationship, or replace the professional judgment of licensed healthcare providers. You should always consult with a licensed and qualified healthcare provider regarding your health, medical care, or treatment.

AI-generated content and other outputs may contain errors, omissions, inaccuracies, hallucinations, outdated information, or unintended content. Due to the nature of AI technologies, AI tools may generate inaccurate, misleading, or inconsistent results. AI-generated outputs may not be accurate, reliable, or suitable for your needs or requirements.

7. User Conduct

Users assume full responsibility for accessing and using the Products or Services and are solely responsible for any harm, claim, loss, or damage arising from the use of the Products or Services. You agree that you will not violate any law, contract, intellectual property, or other right of SonarMD or any third party, or commit a tort, and that you are solely responsible for your conduct while using the Products or Services. You agree that you will abide by these Terms and will not:

• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Use or attempt to use another User's Account or mobile telephone number without authorization from such User and SonarMD;
• Use the Products or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from using the Products or Services or that could damage, disable, overburden, or impair the functioning of the Products or Services in any manner;
• Reverse engineer any aspect of the Products or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any User Content (as defined below), area, or code of the Products or Services;
• Attempt to circumvent any content-filtering techniques we may employ or attempt to access any feature or area of the Products or Services that you are not authorized to access;
• Replicate, duplicate, copy, trade, sell, resell, or exploit any part of, use of, or access to the Products or Services;
• Develop any third party applications that interact with any User Content or the Products or Services without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Products or Services, extract data, or otherwise interfere with or modify the rendering of pages or functionality; or
• Use the Products or Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

We may take actions we deem necessary to prevent, respond to, pursue, or remedy suspected or actual improper conduct, including without limitation suspending, disabling, or terminating your Account or your use of the Products or Services. We may also suspend, disable, or terminate your Account or your use of the Products or Services if you create risk or legal exposure for us, any clients, or any individual or when we are permitted or required to do so by law.

8. User Content

The Products or Services may include interactive features and areas that allow Users to share or store content, including without limitation videos, images, documents, text, and or other materials (each and collectively, the "User Content"). If you decide to share your User Content with others through the Products or Services, you understand that this User Content may be viewable by others. You agree that you are solely responsible for your User Content and for your use or access to any interactive features and areas of the Products.

By using the interactive features and areas of the Products or Services, you further agree not to create, post, share, or store any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
• User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any third party, or otherwise create liability or violate any local, state, federal, or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any third party;
• User Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
• User Content that impersonates or misrepresents your affiliation with any third party;
• User Content that references or depicts SonarMD, the Products, or Services but fails to disclose a material connection to us, if you have one (for example, if you are a SonarMD employee);
• User Content that contains any unsolicited promotions, political campaigning, advertising, or solicitations;
• User Content that contains any private, confidential, or personal information of a third party without such third party's consent;
• User Content that contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
• User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Products or Services, or that may expose SonarMD or any third party to any harm or liability of any type.

Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen, or edit User Content posted or stored in connection with the Products or Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you create, post, share, or store in connection with the Products or Services at your sole cost and expense.

9. Rights in User Content

If you post or share User Content, you retain ownership of your intellectual property rights. SonarMD do not claim any ownership interest in your User Content. However, by posting or sharing User Content in connection with the Products or Services or to our pages or feeds on third party social media platforms (e.g., SonarMD's Facebook page, Instagram page, or Twitter feed), you hereby grant SonarMD a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, and your name, likeness, voice, and persona in any manner or media and for any purpose whatsoever at our sole discretion, including without limitation for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes.

By posting or sharing User Content in connection with the Products or Services or to our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post or share such User Content, (c) you authorize SonarMD to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your posting and sharing thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.

10. License to Access and Use Our Products, Services, and Content

Unless otherwise indicated in writing by us, the Products or Services and all content and other materials contained therein, including, without limitation, the SonarMD logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "SonarMD Content") are the proprietary property of SonarMD or our licensors or users, as applicable, and are protected by United States and international copyright laws.

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Products, Services, and SonarMD Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Products, Services, and SonarMD Content, (b) distribute, publicly perform, or publicly display any Products, Services, and SonarMD Content, (c) modify or otherwise make any derivative uses of the Products, Services, and SonarMD Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Products, Services, and SonarMD Content, except as expressly permitted by us, and (f) use the Products, Services, and SonarMD Content other than for their intended purposes. Any use of the Products, Services, and SonarMD Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of SonarMD or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms, the Products, Services, and SonarMD Content may include software components provided by SonarMD or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

11. Trademarks

"SonarMD", the SonarMD logo, and any other SonarMD Product or Service names, logos, or slogans that may appear on the Products or Services are trademarks of SonarMD and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "SonarMD" or any other name, trademark, Product or Service name of SonarMD without our prior written permission. In addition, the look and feel of the Products or Services, including without limitation all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of SonarMD and may not be copied, imitated, or used, in whole or in part, without our prior written permission of Sonar MD. All other trademarks, registered trademarks, product or service names, and company names or logos mentioned on the Products or Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by SonarMD.

12. Device Terms

This Section 12 is specifically applicable to our Products only. Access to and use of the Products through any mobile device, tablet, computer, or other hardware is subject to these Terms as well as any applicable terms, conditions, policies, or agreements imposed by the manufacturer of such device and/or the provider of its operating system, platform, or network (collectively, "Device Terms"). You acknowledge and agree that your rights and obligations with respect to the use of the Products may be further conditioned upon compliance with such Device Terms, and You shall remain solely responsible for ensuring such compliance. We disclaim any liability arising from your failure to comply with any applicable Device Terms, and in the event of a conflict between these Terms and any Device Terms, the Device Terms shall govern solely to the extent required by the applicable third party.

13. Third Party Links

This Section 13 is specifically applicable to our Products only. The Products may contain links to the websites, applications, or technologies of third parties. SonarMD make no claim or representation regarding the quality, content, nature, or reliability of third party websites accessible by hyperlink from the Products or websites linking to the Products. SonarMD are not responsible for the privacy practices or the content of any off-site pages or any other websites linked to the Products, whether or not they are affiliated with SonarMD. Such linked websites are for your convenience only and you access them at your own risk. SonarMD make no representations or warranties as to the accuracy or functioning of any such link. That another website is linked to our Products does not constitute endorsement by SonarMD of the owner of the other website, the content of its website, or its products or services. You should review the applicable terms, conditions, and policies, including privacy and data gathering practices, of any website to which you navigate from the Products.

14. Intellectual Property

This Section 14 is specifically applicable to our Products only. The Products belong exclusively to SonarMD. Unencumbered title to the Products will, at all times, remain with us. You agree to protect the Products from unauthorized use, reproduction, distribution, or publication in electronic or physical form. The entire SonarMD Content of the Products (except for your User Content) are copyrighted as a collective work under the United States copyright laws. We own a copyright in the selection, coordination, layout, arrangement, and enhancement of the Products. In addition, from time to time there may be information that is made available to you in the Products that is copyrighted material belonging to us or a third party. You may not modify, reproduce, publish, transmit, participate in the transfer or sale, create derivative works, use for commercial purposes, or in any way exploit any of the copyrighted content, in whole or in part, except as provided in these Terms. Except as otherwise expressly permitted under United States copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without our express permission and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Modification or other unauthorized use of any copyrighted materials in the Products is a violation of our copyright and other proprietary rights and may also violate the rights of various other parties and/or applicable laws.

15. Notice of Copyright Infringement

SonarMD respect the rights of all copyright holders and have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who infringe the rights of copyright holders. If you are a copyright owner or agent thereof and believe that content posted hereunder infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized person to act on the copyright owner's behalf. Our Copyright Agent can be reached by mail at:

16. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SonarMD, and its/their respective past, present, and future officers, directors, managers, owners, partners, shareholders, members, employees, contractors, consultants, agents, representatives, parent companies, subsidiaries, affiliates, predecessors, successors, and assigns (each and collectively, the "SonarMD Parties"), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (each and collectively, the "Claims"), including without limitation damages to property or personal injury, that are caused by, arise out of, or are related to (a) any use or misuse of the Products, Services, or SonarMD Content including without limitation any change, suspension, or discontinuance of any such Products, Services, or SonarMD Content, by you or any third party you authorize to access or use such Products, Services, or SonarMD Content, (b) any access to medical care or clinical services you obtain through the Products or Services, (c) any medical care or clinical services provided by healthcare providers to you through the Products or Services, (d) User Content you create, post, share, or store on or through the Products or Services or our pages or feeds on third party social media platforms, (e) any use or misuse of links to the websites, applications, or technologies of third parties by you, (f) your violation of these Terms, (g) your violation of the rights of another, (h) your negligence or willful misconduct, and (i) any violation of any law, rule, or regulation.

You agree to promptly notify SonarMD of any Claims, cooperate with the SonarMD Parties in defending such Claims, and pay all of SonarMD's fees, costs, and expenses associated with defending such Claims (including without limitation reasonable attorneys' fees and expenses, court costs, costs of settlement, and costs of pursuing indemnification and insurance). You further agree that the SonarMD Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SonarMD.

17. Disclaimers

SONARMD ARE NOT HEALTHCARE PROVIDERS, AND SONARMD'S PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO AI TOOLS, DO NOT CONSTITUTE, OR INCLUDE, THE PROVISION OF MEDICAL, CLINICAL, OR OTHER PROFESSIONAL SERVICES. ANY MEDICAL, CLINICAL, OR OTHER PROFESSIONAL SERVICES PROVIDED TO YOU BY A HEALTHCARE PROVIDER THROUGH YOUR USE OF THE PRODUCTS OR SERVICES ARE NOT PROVIDED BY SONARMD BUT RATHER ARE PROVIDED BY SUCH HEALTHCARE PROVIDER.

YOUR USE OF THE PRODUCTS OR SERVICES IS SOLELY AT YOUR DISCRETION AND RISK. THE PRODUCTS, SERVICES, INCLUDING BUT NOT LIMITED TO AI TOOLS, SONARMD CONTENT AND AI-GENERATED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SONARMD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AS TO THE PRODUCTS OR SERVICES, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM AND ANY WARRANTIES THAT THE PRODUCTS OR SERVICES, INCLUDING AI TOOLS, WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.

SONARMD MAKES NO WARRANTY THAT (A) THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO AI TOOLS, WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (B) THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO AI TOOLS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR WILL BE CORRECTED; OR (C) ANY IMPROVEMENT OR OTHER RESULTS MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO AI TOOLS.

YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF, OR RELIANCE UPON, ANY SONARMD PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO AI TOOLS OR AI-GENERATED OUTPUTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SONARMD SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, LOSS, DELAY, TREATMENT DECISION, FAILURE TO OBTAIN TREATMENT, INCORRECT RECOMMENDATION, COMMUNICATION ERROR, TRANSCRIPTION ERROR, OR ANY OTHER HARM ARISING FROM OR RELATED TO SONARMD PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO AI TOOL OR AI-GENERATED OUTPUT, INCLUDING WITHOUT LIMITATION ANY ERROR BY, OR OTHER ACTS OR OMISSIONS OF, THIRD PARTIES THAT PROVIDE OR UTILIZE AI TOOLS.

WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND TO MODIFY, SUSPEND OR STOP PROVIDING ACCESS TO THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO AI TOOLS (OR ANY FEATURES OR FUNCTIONALITY OF THE PRODUCTS OR SERVICES) AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THESE DISCLAIMERS OR EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE WARRANTY DISCLAIMERS MAY NOT APPLY TO YOU.

18. Limitations of SonarMD's Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SONARMD PARTIES BE LIABLE FOR (A) ANY PERSONAL INJURY, PROPERTY DAMAGE, PROFESSIONAL LIABILITY, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, BUSINESS INTERRUPTION, OR WORK STOPPAGE, (B) ANY COMPUTER, DEVICE, WEBSITE, APPLICATION, OR TECHNOLOGY FAILURE OR MALFUNCTION, PRODUCT, SERVICE, CONNECTIVITY, TRANSMISSION, COMMUNICATION, OR PERFORMANCE INTERRUPTION, LOSS OF FILES, EMAILS, OR INFORMATION, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, OR TROJAN HORSES, THEFT OR DESTRUCTION OF PROPERTY, OR UNAUTHORIZED ACCESS TO THE PRODUCTS OR SERVICES, WHETHER OR NOT RESULTING FROM ACTS OF GOD OR OTHERWISE, (C) ANY USER CONTENT, THIRD PARTY CONTENT, OR LINKS TO THIRD PARTY WEBSITES, APPLICATIONS, OR TECHNOLOGIES, OR (D) ANY FORM OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE PRODUCTS, SERVICES, OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY SONARMD PARTY, OR FROM EVENTS BEYOND THE SONARMD PARTIES' REASONABLE CONTROL).

YOU AGREE THAT THESE LIMITATIONS OF LIABILITY APPLY WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE SONARMD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE SONAR MD PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USERS OR ANY THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE SONARMD PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO AI TOOLS, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE SONARMD PARTIES' SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IN NO EVENT WILL THE SONARMD PARTIES BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION, INCLUDING WITHOUT LIMITATION PERSONAL DATA, BY PROVIDERS FROM WHOM YOU RECEIVE MEDICAL CARE OR CLINICAL SERVICES, OR FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PROVIDER PROVIDING MEDICAL CARE OR CLINICAL SERVICES TO YOU.

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

19. Release

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal, and personal representatives, hereby release, waive, acquit, and forever discharge the SonarMD Parties from and against all claims you have or may have arising out of or in any way related to these Terms.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY KNOWINGLY AND INTENTIONALLY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

20. Arbitration

20.1. Binding Arbitration; Waiver of Trial by Jury

You and SonarMD agree to (a) waive your and SonarMD's respective rights to have any and all disputes, claims, suits, actions, causes of action, demands, or proceedings (each and collectively, the "Disputes") arising from or related to these Terms, the Products, Services, User Content, or any law, rule, or regulation, resolved in court, except for any Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents and (b) WAIVE YOUR AND SONARMD'S RIGHT TO TRIAL BY JURY IN ANY SUCH DISPUTE AND AGREE TO TAKE ANY AND ALL ACTION NECESSARY OR APPROPRIATE TO EFFECT SUCH WAIVER. Instead, you and SonarMD agree to arbitrate all Disputes, excepted for those excluded in subsection (a) above, through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court) as provided in this Section 20.

20.2. No Class Arbitrations, Class Actions, or Representative Actions

You and SonarMD agree that any Dispute arising from or related to these Terms, the Products or Services, User Content, or any law, rule, or regulation, is personal to you and SonarMD and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and SonarMD agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and SonarMD agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

20.3. Federal Arbitration Act

You and SonarMD agree that these Terms affect interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.

20.4. Statute of Limitations; Arbitration Process

YOU AND SONARMD AGREE THAT ANY DISPUTE, EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, MUST BE COMMENCED OR FILED BY YOU OR SONARMD WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND SONARMD WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).

You and SonarMD agree that (a) any arbitration will occur in the State of Illinois, County of Cook, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services ("JAMS"), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Illinois and the United States, respectively, sitting in the State of Illinois, County of Cook, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

20.5. Authority of Arbitrator

As limited by the FAA, these Terms, and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including without limitation the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

20.6. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

20.7. Severability

If any term, clause, or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in Sections 20.1 and 20.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

21. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Products or Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

22. Notice

SonarMD may furnish you with notices, including without limitation those with regards to any changes to these Terms or Disputes, including without limitation email, regular mail, MMS or SMS, text messaging, postings on the Products or Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspect of these Terms by accessing our Products or Services in an unauthorized manner. Your acceptance of these Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Products or Services in an authorized manner.

23. Changes to These Terms

SonarMD reserve the right to change these Terms at any time. Accordingly, you are advised to review these Terms from time to time. Using any of SonarMD's Products or Services after any change to these Terms constitutes your understanding and agreement to the change to these Terms. If you object to any change to these Terms, please immediately cease using any of the Products or Services.

24. Governing Law; Waiver of Trial by Jury

These Terms are governed by, and are construed and enforced in accordance with, the laws of the State of Illinois without regard to conflict of law rules or principles (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of Illinois and the United States, respectively, sitting in the State of Illinois County of Cook. YOU AND SONARMD AGREE TO WAIVE YOUR AND SONARMD'S RIGHT TO TRIAL BY JURY IN ANY DISPUTE AND AGREE TO TAKE ANY AND ALL ACTION NECESSARY OR APPROPRIATE TO EFFECT SUCH WAIVER.

25. Entire Agreement; No Transfer or Assignment; Severability and Waiver; Benefit

These Terms, and any other terms, conditions, and policies incorporated herein, constitute the entire agreement between you and SonarMD relating to your use of the Products or Services. These Terms, and any rights or licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of SonarMD. If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and SonarMD's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

26. Reporting Complaints, Potential Vulnerability, or Security Concerns

If you would like to report a concern about the Products or Services or a potential vulnerability or security concern, please email SonarMD at: info@sonarmd.com. Please provide your name and contact information with your report. As reports may include protected health information or other confidential data, all reports should be encrypted. Our PGP public key for encryption purposes can be found here ______. So that we may effectively review and respond to your report, please provide details of the concern or potential vulnerability or security concern. With respect to reports about a potential vulnerability or security concern, please make sure to include steps necessary to reproduce the issue, including any relevant logs and files (e.g., screenshots). Do not destroy or modify data or attempt to interrupt or degrade the Products or Services. Your report will be reviewed by SonarMD, and we will contact you if we need more information.

BE.16434048.5/SON058-275469