Terms of Service

1. Medical Disclaimer

The information and recommendations provided through the Service do not constitute medical advice and should not be treated as such. Always consult with a qualified healthcare professional before making any changes to your diet, exercise routine, sleep habits, or other health-related behaviors.

No doctor-patient relationship or any other professional-client relationship is created between you and Verve Health AI, Inc. by your use of the Service.

The Service does not monitor your health status in real-time and cannot detect medical emergencies, adverse reactions to exercise, or acute health events. Verve provides guidance based on information you share and data from connected devices, but cannot observe your physical state during activities.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. Do not rely on Verve for emergency medical situations. The Service is not designed or intended to provide emergency assistance or real-time monitoring of health conditions.

If you are experiencing a mental health crisis or having thoughts of self-harm, please reach out to crisis support services:

• National Suicide Prevention Lifeline: 988
• Crisis Text Line: Text HOME to 741741
• International Association for Suicide Prevention: Find a crisis center

2. Assumption of Risk

You acknowledge and agree that physical activity, dietary changes, and other wellness-related activities involve inherent risks, including but not limited to the risk of physical injury, illness, or death.

Before beginning any exercise program, dietary modification, or other health-related activity suggested by the Service, the Service may not be appropriate for you, and you should consult with your physician or other qualified healthcare provider, if you:

• Have a history of heart disease, high blood pressure, or other cardiovascular conditions
• Have diabetes or blood sugar regulation issues
• Are pregnant or nursing
• Have any chronic illness or physical limitation
• Are taking any medications, particularly those affecting heart rate, blood pressure, or metabolism
• Have any concerns about your health or physical condition
• Have a history of or current eating disorder, including anorexia, bulimia, or orthorexia
• Have anxiety, depression, or mental health conditions affecting eating or exercise behaviors
• Have had surgery within the past 6 months
• Are experiencing acute pain or have an active injury
• Are 65 years of age or older with age-related health considerations

Physical Activity Risks

Exercise and physical activity carry inherent risks that you voluntarily assume. These risks include but are not limited to:

• Muscle strains, sprains, and joint injuries
• Cardiovascular events, including heart attack and stroke
• Overtraining, fatigue, and injuries from improper form
• Equipment-related injuries
• Aggravation of pre-existing conditions

The Service cannot observe you during exercise and therefore cannot correct form, detect distress, or provide real-time safety guidance.

If you experience pain, dizziness, shortness of breath, chest discomfort, or other concerning symptoms during any activity, stop immediately and seek medical attention.

Nutrition Risks

Dietary changes carry risks that you voluntarily assume. These risks include but are not limited to:

• Allergic reactions to foods not disclosed to the Service
• Interactions between dietary changes and medications
• Nutrient deficiencies from restrictive eating patterns
• Adverse effects from intermittent fasting or caloric restriction
• Exacerbation of eating disorders or disordered eating patterns

By using the Service, you expressly assume all risks associated with any wellness activities you undertake based on information or recommendations provided through the Service.

3. AI-Generated Content Disclaimer

The recommendations, suggestions, and content provided by Verve are generated using artificial intelligence and machine learning technologies, including AI systems provided by third-party partners such as Anthropic, Google, and other AI providers. While we strive to provide helpful and accurate guidance, you acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or omissions
• AI systems can generate plausible-sounding information that is factually incorrect—a phenomenon sometimes called "hallucination" or "confabulation"
• Recommendations may not be suitable for your individual circumstances, health conditions, or goals
• AI systems have limitations and cannot account for all factors that may be relevant to your health and wellness
• Recommendations may be less accurate during initial use as the system learns your patterns and preferences
• The AI cannot know information you have not shared—it can only provide guidance based on data you provide and information from connected devices
• You should always use your own judgment and consult appropriate professionals when making health-related decisions

No Outcome Guarantees

Any projections, examples, or illustrations of potential results shown within the Service are for illustrative purposes only and do not constitute predictions or guarantees of your personal outcomes. Individual results vary based on numerous factors including genetics, consistency, pre-existing conditions, and lifestyle factors beyond the scope of the Service.

AI Processing

To provide the Service, your inputs (such as messages, goals, preferences, and related context) may be processed by third-party AI service providers acting as our subprocessors. We share this information only to generate responses, maintain safety, and prevent abuse. We do not send payment information to AI providers. Our AI providers are configured to limit retention and are contractually prohibited from using your content to train their generally available models.

Verve Health AI, Inc. does not guarantee the accuracy, completeness, or usefulness of any AI-generated content, and you rely on such content at your own risk.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERVE HEALTH AI, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any personal injury, health complications, or adverse health outcomes
• Any decisions you make or actions you take based on information or recommendations provided through the Service
• Any inaccuracies in data obtained from third-party integrations
• Any interruption or cessation of the Service

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, death, or damages caused by negligence, gross negligence, willful misconduct, or fraud. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law. Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable law.

Notwithstanding the foregoing, nothing in these Terms shall limit our liability for fraud, gross negligence, or willful misconduct.

5. Third-Party Integrations

The Service may integrate with third-party services, applications, and devices, including but not limited to:

• Health and fitness platforms: Apple Health, Oura Ring, Whoop, Garmin, Fitbit, and similar wearable devices
• Calendar services: Google Calendar, Apple Calendar, and other scheduling applications
• Location and restaurant services: Third-party mapping, restaurant information, and menu data providers

You acknowledge and agree that:

• Data obtained from third-party integrations is provided "as is" and we do not guarantee its accuracy, completeness, or reliability
• Recommendations generated by the Service are only as accurate as the data received from integrated services. Inaccurate data from wearables, calendars, or other integrations may result in inappropriate recommendations
• We are not responsible for any errors, inaccuracies, or failures in third-party services or the data they provide
• Your use of third-party services is subject to those services' own terms and privacy policies
• We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services

Location-Based Features

The Service may offer features that use your location to provide restaurant recommendations, menu information, and nutritional guidance. You acknowledge and agree that:

• Restaurant information, menu data, and nutritional estimates are sourced from third-party providers and may be inaccurate, outdated, or incomplete
• Always confirm menu information, ingredients, and allergen content directly with the restaurant
• We are not responsible for errors in third-party restaurant or menu data
• Nutritional estimates are approximations and may not reflect actual nutritional content

Do not rely on the Service for allergen safety or medical dietary requirements. Always verify ingredients and allergen information directly with the restaurant or food provider before consuming any food.

6. Mental and Behavioral Health Disclaimer

Verve is a wellness coaching tool and is not designed to diagnose, treat, or manage mental health conditions. The Service is not a substitute for professional therapy, counseling, psychiatric care, or psychological intervention.

Behavioral Coaching

The Service may include habit and well-being coaching content (such as motivation, routines, and stress-management tips). This content is for general wellness purposes only and does not constitute psychotherapy, psychiatric care, or treatment for any mental health condition.

Identity and Values Features: The Service may include features that help you articulate your wellness goals and values. These features are for goal-setting and motivation purposes only and are not psychological assessments, therapeutic interventions, or treatments for any mental health condition.

Eating Disorder Warning

If you have a history of or are currently experiencing an eating disorder—including anorexia nervosa, bulimia nervosa, binge eating disorder, orthorexia, or exercise addiction—the Service may not be appropriate for you. Features involving calorie awareness, meal timing, exercise scheduling, or body metrics could potentially trigger or exacerbate disordered eating or exercise behaviors.

If you are struggling with an eating disorder, please consult with a qualified mental health professional before using the Service.

Notification Sensitivity

The Service may send notifications and nudges related to your wellness activities. If these notifications trigger feelings of anxiety, guilt, shame, or obsessive behaviors, you should adjust your notification settings or discontinue use of the affected features. The Service is intended to support your wellbeing, not detract from it.

If you are experiencing a mental health crisis, please contact a mental health professional or crisis support service immediately. See the crisis resources listed in Section 1 (Medical Disclaimer).

7. Agreement to Terms

Welcome to Verve. These Terms of Service ("Terms") constitute a legally binding agreement between you and Verve Health AI, Inc. ("Verve," "we," "us," or "our") governing your access to and use of the Verve mobile application, website, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

You represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Service under applicable law

8. Description of Service

Verve is an AI-powered wellness coaching platform designed to help users build sustainable health habits. The Service may include:

• Personalized wellness recommendations based on your goals, preferences, and data
• Integration with calendars to help schedule and manage wellness activities
• Integration with wearable devices and health platforms to track biometric data
• AI-powered coaching and guidance on sleep, nutrition, and movement
• Progress tracking and insights

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

9. Account Registration

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may only create one account per person. We reserve the right to suspend or terminate accounts that we reasonably believe violate these Terms.

10. User Responsibilities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Provide false or misleading information about your health status
• Use the Service for any purpose that is illegal or prohibited by these Terms
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Copy, modify, or distribute any content from the Service without our prior written consent
• Use any automated means to access the Service
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

11. Subscription and Payment

Pricing

The Service is offered at $29 per month.

Automatic Renewal

BY SUBSCRIBING, YOU AUTHORIZE AUTOMATIC RECURRING CHARGES AT THE THEN-CURRENT RATE UNTIL YOU CANCEL. Your subscription renews monthly unless cancelled at least 24 hours before the end of the current billing period.

Billing

Your subscription will automatically renew each month unless you cancel before the next billing date. You authorize us to charge your payment method on a recurring basis for the subscription fee.

Cancellation

You may cancel your subscription at any time through any of the following methods:

1. Through the Settings menu in the Verve app
2. Through your Apple App Store or Google Play subscription settings
3. By emailing support@coachverve.com with the subject line "Cancel Subscription"

Cancellation will take effect at the end of your current billing period, and you will continue to have access to the Service until that time.

Refunds

Subscription fees are generally non-refundable, except as required by applicable law.

Price Changes

We may change our subscription prices from time to time. Any price changes will be communicated to you in advance and will apply to your next billing cycle after the effective date of the change.

12. Intellectual Property

The Service and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Verve Health AI, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any content thereof without our prior written consent.

"Verve," the Verve logo, and other Verve trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Verve Health AI, Inc.

13. User Data and Content

You retain ownership of any data, information, or content you provide to or through the Service ("User Data"). By providing User Data, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and analyze your User Data solely to provide and improve the Service.

You may request deletion of your User Data at any time by contacting us or using the data deletion features within the app. Upon receiving a deletion request, we will delete your User Data in accordance with our Privacy Policy, subject to any legal retention requirements.

14. Privacy

Your privacy is important to us. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

15. Termination

You may terminate your account at any time by canceling your subscription and deleting your account through the app settings.

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

16. Indemnification

You agree to defend, indemnify, and hold harmless Verve Health AI, Inc. and its officers, directors, employees, agents, licensors, and suppliers 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 Service
• Your User Data
• Any wellness activities you undertake based on the Service
• Your violation of any rights of a third party

17. Dispute Resolution

Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

If you are a consumer, we will pay all AAA filing, administration, and arbitrator fees beyond the consumer filing fee required by the AAA Consumer Arbitration Rules, unless the arbitrator determines your claim is frivolous.

Arbitration Opt-Out

You have the right to opt out of binding arbitration by sending written notice to support@coachverve.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, you and Verve agree to resolve any disputes through the courts as specified in the "Venue" section below.

Class Action Waiver

YOU AND VERVE AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Exception for Small Claims

Notwithstanding the above, either party may bring an individual action in small claims court for claims within the jurisdiction of such court (generally claims under $10,000).

Equitable Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or unauthorized use of the Service.

Batch Arbitration

If 25 or more similar arbitration demands are filed against us within a 60-day period, they shall be grouped into batches of no more than 50 demands each. One demand from each batch shall be selected as a bellwether case and proceed first. The outcome of bellwether cases shall inform resolution of remaining demands in that batch before additional batches proceed. This process is intended to ensure efficient resolution while preserving your individual arbitration rights.

Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Venue

For any matters not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

18. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or through the Service at least 30 days before the changes take effect.

Your continued use of the Service following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

19. Miscellaneous

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Verve Health AI, Inc. regarding the Service and supersede all prior agreements and understandings.

Assignment

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

20. Contact Information

If you have any questions about these Terms or the Service, please contact us at: