Terms of Service

Last Updated: June 3, 2026

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 13, WHICH AFFECT YOUR LEGAL RIGHTS.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 13. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13, YOU AGREE THAT DISPUTES BETWEEN YOU AND UNIQUEHUMAN INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 13.

NOT A HEALTHCARE PROVIDER; NOT MEDICAL ADVICE. UNIQUEHUMAN INC. IS NOT A HEALTHCARE PROVIDER. THE SERVICES ARE NOT A MEDICAL DEVICE AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND BEFORE STARTING, STOPPING, OR MODIFYING ANY TREATMENT.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

FUTURE PROVIDERS. ANY LICENSED HEALTHCARE PROVIDERS OR CLINICIANS WHO MAY IN THE FUTURE PROVIDE SERVICES THROUGH THE PLATFORM DO SO IN THEIR OWN PROFESSIONAL CAPACITY. SUCH PROVIDER SERVICES ARE PROVIDED BY THE PROVIDERS THEMSELVES AND NOT BY UNIQUEHUMAN INC. UNIQUEHUMAN INC. IS NOT RESPONSIBLE FOR ANY ADVICE, DIAGNOSIS, TREATMENT, OR OTHER SERVICES PROVIDED BY SUCH PROVIDERS.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS. WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS ON OUR LIABILITY ARE EXPLAINED IN SECTIONS 11 AND 12.

Welcome to UniqueHuman. These Terms of Service (these "Terms") are a legally binding agreement between you ("you," "your," or "User") and UniqueHuman Inc. ("UniqueHuman," "Company," "we," "us," or "our"). These Terms govern your access to and use of the UniqueHuman mobile application for iOS (the "App"), the website located at uniquehuman.ai (the "Website"), and all related services, content, features, and functionality made available by UniqueHuman (collectively, the "Services"). The terms "you" and "your" also include any other person accessing the Services through your account.

UniqueHuman provides an AI-powered migraine management and health tracking platform that includes, among other features, AI-powered voice and text journaling, Apple HealthKit integration, location and weather data collection, migraine prediction, clinical report generation, medical document upload, and personalized health insights. The Services are designed to help you track, understand, and manage your health, with a focus on migraine management.

Your acceptance of, and compliance with, these Terms is a condition of your use of the Services. By downloading, installing, accessing, or using the Services, or by clicking "I accept," "I agree," or a similar button or checkbox when presented to you, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. In using certain parts of the Services, you may be presented with additional or supplementary terms, and you agree to review and be bound by such additional terms. If you do not agree to these Terms, you must not access or use the Services; promptly exit and discontinue use.

1. Basic Information Regarding the Services

1.1 Privacy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, store, share, and protect your information, including your personal information and health data. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy. Please review the Privacy Policy carefully before using the Services.

Your data will not be used to train AI models. We use third-party AI services (including Anthropic Claude, OpenAI, VAPI, Deepgram, and ElevenLabs) to process your data and provide the Services. Your data is processed by these services solely to deliver functionality to you and is not used by UniqueHuman or any third-party AI provider to train, improve, or develop AI or machine learning models. This is a firm commitment.

Health data is never sold or used for advertising. Your health data, including data obtained through Apple HealthKit, voice and text journal entries, medical documents, and any other health-related information you provide, will never be sold to third parties or used for advertising or marketing purposes.

Voice Data. Voice recordings submitted through the Services are processed in real-time by our voice processing providers (VAPI, Deepgram, ElevenLabs) and are not stored on our servers. Transcripts (text) generated from your voice recordings are stored as part of your account data to provide the Services. By using voice features, you acknowledge and consent to this processing.

Location and Weather Data. The Services collect your precise GPS coordinates and weather data (including barometric pressure, temperature, and humidity via Apple WeatherKit) for the purpose of migraine prediction and environmental health correlation. This data is used to power our multi-factor migraine risk scoring engine and to provide you with personalized environmental health insights. You may control location permissions through your device settings; however, disabling location services may limit certain features of the Services.

Analytics. We use the following analytics and monitoring services to improve the quality and reliability of the Services: Firebase (Google), Sentry, PostHog, and Datadog. These services may collect certain usage data, device information, and performance metrics as described in our Privacy Policy.

Account Deletion. When you delete your account, all of your data is immediately and permanently deleted. This includes all health data, journal sessions, uploaded medical documents, knowledge graph data, vector embeddings, and all files stored on our servers. There is no retention period. Deletion is irreversible.

1.2 No Medical Care or Advice by UniqueHuman

UniqueHuman provides an informational, AI-powered health-tracking and journaling platform. UniqueHuman does not provide any medical advice, treatment, diagnosis, or care, and is not a substitute for the professional judgment of a qualified healthcare provider.

The content of the Services, including without limitation all text, copy, audio, video, photographs, illustrations, graphics, AI-generated insights, migraine predictions, risk scores, and clinical reports, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by UniqueHuman. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. You should never disregard, avoid, or delay obtaining medical advice from a qualified healthcare professional because of something you have read or accessed through the Services.

Any AI-generated content provided through the Services is produced by automated systems, may contain errors or inaccuracies, and is not reviewed by a licensed healthcare professional before it is presented to you. You are solely responsible for evaluating, and bear all risks associated with, the use of any content obtained through the Services. Reliance on any information provided by the Services is solely at your own risk.

To the extent that any licensed healthcare providers or clinicians provide services through the platform in the future, the doctor–patient relationship (if any) is solely between you and that provider. Any information or advice you receive from such a provider comes from that provider alone and not from UniqueHuman. UniqueHuman does not practice medicine, does not provide medical services, and does not recommend or endorse any specific provider, test, medication, product, or procedure for your specific situation.

1.3 Not for Emergencies

THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, DIAL 911 IMMEDIATELY.

You should not disregard professional medical advice, or delay seeking it, based on anything that appears or does not appear in the Services. You should seek emergency help or follow-up care when needed, and you should continue to consult with your primary care provider and other healthcare professionals as recommended.

1.4 Risks of Electronic and AI-Powered Services

By using the Services, you acknowledge the potential risks associated with electronic, internet-based, and AI-powered health tools, including but not limited to the following: information you submit may be incomplete or inaccurate, which may affect the outputs generated by the Services; AI-generated insights, predictions, and risk scores are probabilistic, may be wrong, and should not be relied upon as a substitute for professional medical judgment; delays, interruptions, or failures of electronic equipment, networks, or third-party services could occur; and although we use network and software security protocols to protect the privacy and security of your information, those protocols could fail, resulting in unauthorized access to or disclosure of your health information.

1.5 Not an Insurance Product

UniqueHuman is not an insurer. The Services are not insurance products, and any amounts you may pay to UniqueHuman are not insurance premiums. If you desire any type of health or other insurance, you must purchase such insurance separately.

1.6 Availability of the Services

The Services are currently available worldwide via the iOS App and the Website. The Services are operated from the United States. We make no representation that the Services are appropriate or available for use in any particular jurisdiction. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws, rules, and regulations, including data protection and export laws.

We do not guarantee that the Services will be available at all times or in all locations. We reserve the right to add or remove functionalities, content, or features, and to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice to you, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

Usage Limits. The Services may be subject to certain usage limits, including but not limited to daily message limits for AI-powered features. These limits may vary and may be changed by us at any time without prior notice. We are not obligated to disclose the specific parameters of any usage limits.

1.7 Eligibility

You must be at least eighteen (18) years of age to use the Services. By accessing or using the Services, you represent and warrant that:

• •you are at least 18 years old and have the legal capacity to enter into these Terms;
• •you have fully read and understand these Terms;
• •you have neither falsely identified yourself nor provided any false information to gain access to the Services; and
• •your use of the Services does not violate any applicable law or regulation.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. You acknowledge that satisfying the age requirement does not guarantee that you will receive access to the Services and that UniqueHuman may establish other eligibility requirements.

The Services are not intended for use by individuals under 18 years of age. We do not knowingly collect personal information from children under 18. If we become aware that a user is under 18, we will promptly terminate their account and delete all associated data. To access or use the Services, you must also have compatible devices, access to the Internet, and certain necessary software.

1.8 Changes to These Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. If we make material changes to these Terms, we will notify you by email (to the email address associated with your account), by posting a notice within the App or on the Website, or by other reasonable means prior to the changes becoming effective, unless applicable law requires otherwise. The "Last Updated" date at the top of these Terms indicates when the most recent revisions were made.

Your continued use of the Services after any modifications to these Terms become effective constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the revised Terms, your sole and exclusive remedy is to stop using the Services and delete your account.

2. Registration and Account Creation

To access certain features of the Services, you must create an account. You may register using Apple Sign-In or by providing an email address and password. By creating an account, you agree to the following:

• •You will provide accurate, current, and complete information during the registration process and will maintain and keep your account information up to date.
• •You will maintain the security and confidentiality of your login credentials (including your password) and will not share, transfer, or disclose your credentials to any third party.
• •You will not create more than one account, use anyone else's account, or create an account using a false identity or information, or on behalf of someone other than yourself (unless authorized to do so).
• •You will change your password promptly if you believe it has been compromised.
• •You will immediately notify us at support@uniquehuman.ai if you become aware of any unauthorized use of your account, your credentials, or any other breach of security.

You are solely responsible for all activity that occurs under your account, whether or not authorized by you. UniqueHuman will not be liable for any loss or damage arising from your failure to maintain the security of your account. If you do not maintain accurate account information, or we have reasonable grounds to suspect as much, or if we reasonably believe that you have violated these Terms or that your account has been compromised, we reserve the right to suspend, disable, or terminate your account and your access to the Services at any time, with or without notice. We may take any and all actions we deem necessary or reasonable to maintain the security of the Services.

You may delete your account at any time through the Settings menu in the App or by contacting us at support@uniquehuman.ai. Upon account deletion, all of your data, including health data, journal sessions, uploaded medical documents, knowledge graph data, vector embeddings, and stored files, will be immediately and permanently deleted. This action is irreversible.

3. Communication Preferences; Electronic Notices and Signatures

By creating an account and using the Services, you consent to receive communications from UniqueHuman, including but not limited to:

• •Email communications — account-related notices, service updates, security alerts, and promotional communications.
• •SMS/text messages — account verification, security alerts, and service notifications. Message and data rates may apply.
• •Push notifications — health alerts, migraine predictions, reminders, and other in-app notifications through the App.
• •In-app notices — service announcements, updates to these Terms, and other important information displayed within the App.

These communications are part of your relationship with us. You may incur data, call-time, or messaging charges from your communication providers in connection with communications from us.

Consent to Calls and Text Messages. By providing your mobile number, you agree to be contacted by or on behalf of UniqueHuman at the number you provide, including by calls and text messages, to receive informational and Service-related messages (such as progress tracking, reminders, verification codes, and security alerts). To stop receiving text messages, reply STOP; we may confirm your opt-out by text message. Please note that if you withdraw consent to receive text messages, some Service features may no longer be available to you, and you may not receive important and helpful information and reminders about your Services. If you have elected to receive subscription-related notices and you withdraw consent to receive text messages, you agree to provide us with an active email address at which you agree to receive such notices.

Recording of Interactions. Certain features of the Services involve voice interactions and may, where applicable and disclosed, record (audio and/or text) all or part of your interaction in order to provide the Services, for quality assurance, and to improve the Services. Such recordings are handled in accordance with these Terms and our Privacy Policy. As described in Section 1.1, voice recordings are processed in real-time and are not stored on our servers; only the text transcripts generated from your voice recordings are stored as part of your account data. By using voice features, you consent to such processing.

Opt-Out of Promotional Communications. You may opt out of promotional communications at any time by following the unsubscribe instructions included in the communication, adjusting your notification preferences in the App settings, or contacting us at support@uniquehuman.ai. Even if you opt out of promotional communications, we may still send you non-promotional, transactional, or service-related communications (such as account notifications, security alerts, and legal notices).

Electronic Notices and Signatures. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (including via email, push notification, in-app message, or by posting on the Website or within the App) satisfy any legal requirement that such communications be in writing. You consent and agree that your use of your finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using the Services, or in accessing or making any transaction regarding any agreement, acknowledgment, consent, terms, disclosure, or condition, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. You agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. You agree to maintain current electronic contact information with us at all times.

Unencrypted Communication Risk. You acknowledge that communications transmitted over the internet, including email and SMS/text messages, may not be encrypted and may be subject to interception by third parties, including information about your health. While we take reasonable measures to protect your information, we cannot guarantee the security or confidentiality of communications sent to or from the Services, and you transmit such information at your own risk. We are not responsible for any unauthorized access that occurs during or after the transmission of communications to you.

4. Ownership and License to Use the Services

4.1 Ownership

The Services, including all content, features, functionality, software, code, design, text, images, audio, video, graphics, logos, trademarks, service marks, trade names, user interfaces, visual elements, data compilations, algorithms, and all other elements of the Services (collectively, "UniqueHuman Content"), are owned by UniqueHuman Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing in these Terms transfers any ownership rights in the Services or UniqueHuman Content to you, and all rights not expressly granted are reserved by us and our affiliates and licensors.

4.2 Marks

"UniqueHuman," the UniqueHuman logo, and all other UniqueHuman product or service names, logos, slogans, and trade dress are trademarks or service marks of UniqueHuman Inc. (collectively, the "Marks"). You may not use, copy, reproduce, modify, or display the Marks, or use any framing techniques, meta tags, or other "hidden text" using the Marks, without our prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by UniqueHuman.

4.3 Your License

Subject to your compliance with these Terms, UniqueHuman grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use the App on a single mobile device that you own or control, and to access and use the Services, solely for your personal, non-commercial purposes. This license does not include the right to: (a) modify, adapt, translate, or create derivative works based on the Services; (b) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Services; (c) sublicense, lease, rent, loan, sell, distribute, or otherwise transfer the Services to any third party; (d) make copies of the Services; (e) use the Services for any commercial purpose; or (f) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services.

This license is effective until terminated. It will terminate automatically if you fail to comply with any term of these Terms. Upon termination, you must cease all use of the Services and delete all copies of the App from your devices.

4.4 User Content and License Grant

The Services enable you to submit, upload, record, or otherwise provide various types of content, including but not limited to voice recordings, text journal entries, health data, medical documents (PDFs and images), photographs, and other materials (collectively, "User Content"). You retain ownership of your User Content.

By submitting User Content through the Services, you grant UniqueHuman a non-exclusive, worldwide, royalty-free, fully paid-up license to use, process, store, reproduce, analyze, and display your User Content solely as necessary to provide, maintain, and improve the Services for you. This license includes the right to process your User Content using third-party AI services (Anthropic Claude, OpenAI, VAPI, Deepgram, ElevenLabs) and to generate derived insights, reports, and analyses based on your User Content. We will not use your User Content for any purpose other than providing the Services to you, and we will not sell, share, or disclose your User Content to any third party except as described in our Privacy Policy or as required by law.

Voice Recordings. Voice recordings are processed in real-time by our voice processing providers and are discarded immediately after processing. Voice recordings are not stored on UniqueHuman servers. Only the text transcripts generated from your voice recordings are stored as part of your account data.

Medical Documents. You may upload medical documents (PDFs and images) to the Services. These documents are processed using optical character recognition (OCR) and are stored securely as part of your account data. You represent and warrant that you have the right to upload any medical documents you submit and that doing so does not violate any third party's rights or any applicable law.

You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit your User Content; (b) your User Content does not violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights; and (c) your User Content does not contain any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable, and does not include any third party's results or information submitted as your own.

4.5 Feedback

If you provide us with any feedback, suggestions, ideas, comments, or other input regarding the Services ("Feedback"), you hereby assign to UniqueHuman all rights, title, and interest in and to such Feedback. To the extent any such rights are not assignable, you grant us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without restriction, attribution, or compensation to you. You acknowledge that Feedback is not confidential and that UniqueHuman is not obligated to use any Feedback you provide.

5. Restrictions on Use

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

• •Use the Services for any purpose that is unlawful, prohibited by these Terms, or that exceeds the scope of use granted herein, or in any manner that could damage, disable, overburden, or impair the Services.
• •Violate any local, state, national, or international law or regulation (including export laws).
• •Reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof.
• •Modify, adapt, translate, or create derivative works based on the Services or any part thereof.
• •Distribute, sublicense, sell, resell, transfer, lease, rent, loan, or otherwise commercially exploit or make available the Services, UniqueHuman Content, or User Content to any third party, except as expressly permitted herein.
• •Use any automated means, including robots, spiders, scrapers, crawlers, data mining tools, or similar technologies, to access, collect data from, monitor, copy, or interact with the Services, or bypass our robot exclusion headers or other measures we use to restrict access.
• •Probe, scan, or test the vulnerability of the Services or any network connected to the Services, or breach, circumvent, or otherwise avoid any security or authentication measures.
• •Access or attempt to access non-public areas of the Services, UniqueHuman's computer systems, or the technical delivery systems of UniqueHuman's providers, or any data or account that you are not authorized to access.
• •Interfere with, disrupt, or attempt to interfere with or disrupt the integrity, security, or performance of the Services or any server, network, or system connected to the Services.
• •Distribute, input, upload, or transmit any viruses, worms, defects, Trojan horses, malware, or any other harmful computer code or items of a destructive nature through the Services.
• •Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or incorrectly identify the sender of any message transmitted to us.
• •Collect, harvest, or attempt to obtain any personally identifiable or health information about any other user of the Services, including account names, email addresses, or other user data.
• •Use the Services to send unsolicited communications, promotions, advertisements, "junk mail," "chain letters," or spam.
• •Use the Services to develop, train, or improve (directly or indirectly) any machine learning model, artificial intelligence system, or similar technology, whether your own or a third party's.
• •Use the Services in any manner that infringes, misappropriates, or violates any third party's intellectual property or other rights, or that violates any applicable law, rule, or regulation.
• •Create or develop a competing product or service, or copy any features, functions, or graphics of the Services, or use the Services for any purpose that is to our detriment or commercial disadvantage.
• •Use framing techniques to enclose, or deep-link to, any Mark, logo, content, or other proprietary information of UniqueHuman without our express prior written consent.
• •Remove, delete, alter, or obscure any proprietary notices, labels, trademarks, copyright, or other intellectual property or proprietary rights notices on the Services, UniqueHuman Content, or User Content.
• •Post, transmit, or otherwise disseminate any content that is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, discriminatory, or otherwise objectionable, that may incite violence or other unlawful activity, that is harmful to minors, or that is derogatory or harmful to the reputation of UniqueHuman or any other user.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates any of the foregoing restrictions, including without limitation removing content, suspending or terminating access to the Services, referral to and cooperation with law enforcement authorities, and pursuing civil remedies.

6. Third-Party Content and Services

The Services may contain links to, integrate with, or rely on third-party websites, applications, services, content, or resources ("Third-Party Services"). UniqueHuman uses the following Third-Party Services to provide core functionality:

• •Anthropic (Claude) and OpenAI — AI-powered health conversations, insights, and analysis.
• •VAPI — Voice AI agent platform for voice-based health journaling.
• •Deepgram — Speech-to-text transcription of voice recordings.
• •ElevenLabs — AI voice synthesis for conversational interactions.
• •Apple HealthKit — Integration with Apple Health for health metrics including heart rate, heart rate variability, sleep analysis, step count, blood oxygen saturation, blood glucose, blood pressure, and other health data.
• •Apple WeatherKit — Weather data including barometric pressure, temperature, and humidity for migraine prediction.
• •Firebase (Google) — Analytics and application performance monitoring.
• •Sentry — Error tracking and application stability monitoring.
• •PostHog — Product analytics and user experience optimization.
• •Datadog — Infrastructure monitoring and application performance management.

Third-Party Services are not under our control, and we are not responsible for their content, products, services, practices, or policies. We are providing access to Third-Party Services to you only as a convenience, and the inclusion of, linking to, or integration with any Third-Party Service does not imply endorsement, approval, sponsorship, or recommendation by UniqueHuman, or any association with its operators. Your use of Third-Party Services is at your own risk and may be subject to the terms, conditions, and privacy policies of such third parties.

UniqueHuman does not guarantee the accuracy, completeness, reliability, or timeliness of any information, content, or services provided by Third-Party Services. We shall not be liable, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with your use of or reliance on any Third-Party Services. It is your responsibility to take precautions to ensure that anything you select for your use or download is free of viruses, worms, Trojan horses, and other items of a destructive nature.

Future Health Records Integration. UniqueHuman may in the future integrate with electronic health record systems, including but not limited to Apple Health Records and FHIR (Fast Healthcare Interoperability Resources)–compliant data sources, to allow you to import and view your medical records within the Services. Any such integration will be subject to additional terms and disclosures provided at the time of availability. UniqueHuman does not guarantee the accuracy, completeness, or timeliness of any health records imported through such integrations and is not responsible for errors or omissions in data provided by third-party health record systems. You should always verify the accuracy of your health records with your healthcare provider.

7. Accuracy of Information; Functionality

Although UniqueHuman attempts to ensure the integrity and accuracy of the Services, it makes no representations, warranties, or guarantees whatsoever as to the correctness, accuracy, completeness, or timeliness of the Services or any content within them. It is possible that the Services could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, or alterations could be made to the Services by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained in the Services may be changed or updated without notice.

UniqueHuman reserves complete and sole discretion with respect to the operation of the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Services at any time. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers, and we reserve the right to maintain, delete, or destroy any communications or information posted or uploaded to the Services in accordance with our internal record retention and destruction policies, subject to the Account Deletion commitments described in Section 1.1.

8. Paid Services and Subscriptions

The Services are currently offered free of charge. UniqueHuman may in the future offer paid features, premium tiers, subscriptions, or other paid services ("Paid Services"). This Section 8 shall apply when and if Paid Services are offered. By purchasing or subscribing to any Paid Services, you agree to the following terms:

8.1 Pricing and Payment

Prices for Paid Services will be displayed within the App or on the Website at the time of purchase. All prices are in United States dollars unless otherwise indicated. You agree to pay all fees and charges associated with your account, including applicable taxes, at the prices in effect when such charges are incurred. Payment will be processed through the Apple App Store or other payment processors as applicable, and may be subject to the terms, conditions, and privacy policies of those processors. You represent and warrant that any payment information you supply is true, correct, and complete, that charges incurred by you will be honored by your payment provider, and that you are authorized to make the relevant purchase.

8.2 Typographical Errors and Incorrect Pricing

In the event a Paid Service is listed at an incorrect price due to a typographical error or an error in pricing information, we reserve the right to refuse or cancel any orders placed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged and your order is canceled, we will promptly issue a credit in the amount of the charge.

8.3 Subscriptions and Auto-Renewal

If you purchase a subscription-based Paid Service, your subscription will automatically renew at the end of each subscription period (e.g., monthly or annually) unless you cancel before the end of the then-current subscription period. By subscribing, you authorize UniqueHuman (or the applicable payment processor, such as the Apple App Store) to charge the payment method on file for the recurring subscription fee at the beginning of each renewal period. Subscription fees are billed in advance of each subscription period.

8.4 Cancellation

You may cancel your subscription at any time through your Apple App Store account settings or as otherwise described in the App. Cancellation will take effect at the end of the current billing period. You will continue to have access to the Paid Services through the end of your paid subscription period. No partial refunds will be provided for the remaining portion of a subscription period after cancellation.

8.5 Refunds

All purchases of Paid Services are final and non-refundable, except as required by applicable law or as otherwise stated herein. If you purchased a subscription through the Apple App Store, refunds are subject to Apple's refund policies. UniqueHuman does not provide refunds for any unused portion of a subscription period, for downgrading a subscription plan, or for any other reason, unless required by applicable law.

8.6 Price Changes

UniqueHuman reserves the right to change the prices for Paid Services at any time. If you have an active subscription, we will provide you with at least thirty (30) days' advance notice of any price increase. The new price will take effect at the beginning of your next subscription renewal period following the notice. If you do not agree to the price change, you may cancel your subscription before it renews at the new price. Your continued use of the Paid Services after the price change takes effect constitutes your agreement to pay the new price.

8.7 Free Trials and Promotions

UniqueHuman may offer free trials, promotional offers, or other special pricing from time to time. Such offers may be subject to additional terms and conditions. Unless you cancel before the end of a free trial period, your subscription will automatically convert to a paid subscription and your payment method will be charged the applicable subscription fee. UniqueHuman reserves the right to modify or terminate any free trial or promotional offer at any time without notice.

9. Termination

Termination by You. You may terminate your account and stop using the Services at any time by deleting your account through the Settings menu in the App or by contacting us at support@uniquehuman.ai. Upon account deletion, all of your data will be immediately and permanently deleted as described in Section 1.1.

Termination by UniqueHuman. We may, in our sole discretion, suspend, disable, or terminate your account and/or your access to all or part of the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: (a) violations of these Terms; (b) requests by law enforcement or government agencies; (c) extended periods of inactivity; (d) unexpected technical or security issues; (e) your engagement in fraudulent or illegal activity; or (f) discontinuation of the Services or any part thereof.

Effects of Termination. Upon termination of your account for any reason: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must immediately stop using the Services and delete all copies of the App from your devices; and (c) all of your data will be immediately and permanently deleted, including health data, journal sessions, medical documents, knowledge graph data, vector embeddings, and stored files.

The following provisions, and any other provision which by its nature should survive termination, will survive the expiration or termination of these Terms: Section 4 (Ownership and License), Section 5 (Restrictions on Use), Section 10 (Indemnification), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability), Section 13 (Governing Law; Dispute Resolution; Arbitration), and Section 22 (Miscellaneous Terms). UniqueHuman shall not be liable to you or any third party for any termination of your access to the Services.

10. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless UniqueHuman Inc. and its officers, directors, employees, agents, affiliates, subsidiaries, successors, assigns, licensors, service providers, and suppliers (collectively, the "UniqueHuman Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• •Your access to or use of the Services, or any UniqueHuman Content, materials, or features available on the Services;
• •Your User Content or any content you submit, post, or transmit through the Services;
• •Your violation or breach of these Terms or any representation or warranty contained herein;
• •Your fraud, violation of law, negligence, or willful misconduct;
• •Your violation or infringement of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights;
• •Any dispute or issue between you and any third party, including any healthcare provider; or
• •Any misrepresentation made by you.

UniqueHuman reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of UniqueHuman. UniqueHuman will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND UNIQUEHUMAN CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UNIQUEHUMAN INC. AND THE UNIQUEHUMAN PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF DATA, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, UNIQUEHUMAN INC. AND THE UNIQUEHUMAN PARTIES DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (F) THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

ANY AI-GENERATED CONTENT, HEALTH INSIGHTS, MIGRAINE PREDICTIONS, RISK SCORES, CLINICAL REPORTS, OR OTHER OUTPUTS PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY CONTAIN ERRORS OR INACCURACIES. YOU SHOULD NOT RELY ON SUCH OUTPUTS AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE MAKING ANY HEALTH-RELATED DECISIONS.

ANY LICENSED HEALTHCARE PROVIDERS OR CLINICIANS WHO MAY IN THE FUTURE PROVIDE SERVICES THROUGH THE PLATFORM DO SO IN THEIR OWN PROFESSIONAL CAPACITY AND ARE SOLELY RESPONSIBLE FOR THE SERVICES THEY PROVIDE. SUCH PROVIDER SERVICES ARE PROVIDED BY THE PROVIDERS THEMSELVES AND NOT BY UNIQUEHUMAN INC. UNIQUEHUMAN INC. DOES NOT PRACTICE MEDICINE, PROVIDE MEDICAL ADVICE, OR RENDER ANY PROFESSIONAL HEALTHCARE SERVICES, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALIFICATIONS, EXPERTISE, QUALITY, OR COMPETENCE OF ANY HEALTHCARE PROVIDER WHO MAY BE ACCESSIBLE THROUGH THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIQUEHUMAN OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the foregoing exclusions may not apply to you, and such implied warranties are limited in duration to the minimum period required by applicable law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNIQUEHUMAN INC. OR ANY OF THE UNIQUEHUMAN PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE, OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES (EVEN IF UNIQUEHUMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING THE CONDUCT OF OTHER USERS OR THIRD-PARTY PROVIDERS; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) ANY AI-GENERATED CONTENT, HEALTH INSIGHTS, MIGRAINE PREDICTIONS, RISK SCORES, CLINICAL REPORTS, OR OTHER OUTPUTS; (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (F) ANY HEALTH-RELATED DECISIONS YOU MAKE BASED ON INFORMATION OBTAINED THROUGH THE SERVICES; OR (G) ANY SERVICES PROVIDED BY HEALTHCARE PROVIDERS OR CLINICIANS ACCESSIBLE THROUGH THE SERVICES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF UNIQUEHUMAN INC. AND THE UNIQUEHUMAN PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO UNIQUEHUMAN IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT UNIQUEHUMAN HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, the foregoing limitations may not apply to you, and our liability shall be limited to the greatest extent permitted by applicable law.

13. Governing Law; Dispute Resolution; Arbitration

13.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with these Terms or the Services (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any choice or conflict of law provision or rule. Subject to the requirement to arbitrate set forth in this Section 13, exclusive jurisdiction and venue for all disputes that do not require arbitration will be the state and federal courts located in San Francisco, California, and you consent to the jurisdiction of those courts.

13.2 Informal Dispute Resolution

Before initiating any formal dispute resolution proceeding, you and UniqueHuman agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (whether involving contract, tort, equitable, statutory, or any other legal theory) ("Dispute") informally by contacting the other party. You may contact us at support@uniquehuman.ai with a description of the Dispute. If we have a Dispute with you, we will contact you at the email address associated with your account. The parties agree to use good-faith efforts to resolve the Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. If the Dispute is not resolved within thirty (30) days, either party may proceed as set forth in this Section 13.

13.3 Agreement to Arbitrate

You and UniqueHuman agree that any Dispute that cannot be resolved informally shall be resolved through binding individual arbitration, and not in a court of general jurisdiction, except that each party retains the right: (i) to bring an individual action in small claims court; and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "IP Protection Action"). By agreeing to these Terms, you and UniqueHuman each waive the right to a trial by jury and the right to participate in a class action. This arbitration agreement is governed by the Federal Arbitration Act ("FAA") and federal arbitration law, and not by any state arbitration law.

Opt-Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to support@uniquehuman.ai, or by regular mail to the address in the "Contact Us" section below, within thirty (30) days of first accepting these Terms (or, if you have not registered for an account, within thirty (30) days following the date you first use the Services). Your notice must include your name, email address, mailing address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other provisions of these Terms will continue to apply, and opting out has no effect on any other arbitration agreements that you may have entered into with UniqueHuman. If you do not timely opt out, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.

13.4 Arbitration Rules

The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect, as modified by this Section 13. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The FAA will govern the interpretation and enforcement of this Section.

13.5 Arbitration Process

A party who wishes to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California and will be selected in accordance with the AAA Rules. If the parties are unable to agree on an arbitrator within the time frames specified by the AAA Rules, the AAA shall appoint the arbitrator in accordance with the AAA Rules.

13.6 Arbitration Location and Procedure

Unless you and UniqueHuman otherwise agree, the arbitration shall be conducted in San Francisco, California. If the amount in controversy does not exceed $25,000, the arbitration may be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by other means as agreed by the parties or determined by the arbitrator. In cases where an in-person hearing is held, such hearing shall take place in San Francisco, California, unless the arbitrator determines that another location is appropriate. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

13.7 Arbitrator's Decision

The arbitrator shall have exclusive authority to resolve any Dispute, including but not limited to disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator's award of damages must be consistent with the terms of Section 12 (Limitation of Liability). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's decision and award is final and binding, and judgment on the award may be entered in any court having jurisdiction.

13.8 Fees

Each party shall be responsible for its own attorneys' fees and expenses, except as otherwise provided by applicable law. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand for Arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules, and the arbitrator may award the other party its reasonable attorneys' fees and expenses.

13.9 Changes to This Section

UniqueHuman will provide at least thirty (30) days' advance notice of any material changes to this Section 13 by posting notice on the Website, within the App, or by sending you an email. Changes will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from this Section 13, and the court or arbitrator shall apply the first version of this Section 13 that existed after you began using the Services.

13.10 No Class Actions

YOU AND UNIQUEHUMAN 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, CONSOLIDATED, MULTI-DISTRICT, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND UNIQUEHUMAN AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR MULTI-PARTY PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

13.11 Limited Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED, OR A NOTICE OF ARBITRATION SUBMITTED, WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE FOREVER BARRED. THIS LIMITATIONS PERIOD IS INDEPENDENT OF AND IN ADDITION TO ANY STATUTE OF LIMITATIONS UNDER APPLICABLE LAW.

13.12 Severability

If any provision of this Section 13 is found to be illegal, unenforceable, or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and if it cannot be modified, it shall be severed, and the remainder of this Section 13 shall remain in full force and effect. If the "No Class Actions" subsection (Section 13.10) is found to be unenforceable, then the entirety of this arbitration agreement (this Section 13) shall be null and void, and any Dispute shall be resolved in the state or federal courts located in San Francisco, California, subject to the remaining terms of these Terms.

14. CAN-SPAM Act and TCPA Compliance

UniqueHuman is committed to compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (the "CAN-SPAM Act") and the Telephone Consumer Protection Act (the "TCPA"). You consent to receive calls, text messages, emails, and other communications from us as set forth in Section 3. Any emails, newsletters, and text messages you receive from us are intended to comply with the CAN-SPAM Act and the TCPA. If you receive an email or text message from us that you do not believe is compliant with the CAN-SPAM Act or the TCPA, please contact us immediately at support@uniquehuman.ai.

You shall not use the Services, and shall not permit any of your employees, agents, or affiliates to use the Services, to market, promote, or solicit in any manner that would violate the CAN-SPAM Act, the TCPA, or any other applicable law, including by distributing unsolicited bulk electronic mail ("spamming"), using a false identity, or infringing the rights of others. You agree to indemnify and hold the UniqueHuman Parties harmless against any losses, damages, costs, and reasonable attorneys' fees incurred in connection with any alleged violation of any anti-spamming or telephone-consumer-protection laws, rules, regulations, or statutes arising from your conduct.

15. Claims of Copyright Infringement (DMCA)

UniqueHuman respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (the "DMCA"), we will respond promptly to notices of alleged infringement that are reported to UniqueHuman's Designated Copyright Agent, identified below.

If you believe that your copyrighted work has been copied in a manner that constitutes copyright infringement and is accessible through the Services, please send a written notice ("Copyright Notice") to our Designated Copyright Agent that includes the following:

1. Identification of the copyrighted work(s) that you claim have been infringed.
2. Identification of the material you claim is infringing (or the subject of infringing activity) and that is to be removed or disabled, including, if applicable, the URL or location where such material may be found.
3. Your mailing address, telephone number, and, if available, email address.
4. The following statements in the body of the notice:
   • –"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
   • –"I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Your full legal name and your electronic or physical signature.

Deliver this Copyright Notice, with all items completed, to our Designated Copyright Agent:

We disclaim any responsibility or liability for copyrighted materials posted by third parties, and we reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion.

16. Notice Regarding Apple

This Section 16 applies only to the extent you are using the App on an iOS device obtained from the Apple App Store. You acknowledge that these Terms are between you and UniqueHuman only, and not with Apple Inc. ("Apple"). UniqueHuman, not Apple, is solely responsible for the App and the content thereof. Your use of the App must comply with the App Store Terms of Service and Apple's Licensed Application End User License Agreement. These Terms govern in the event of any conflict with the Apple terms.

You acknowledge and agree that:

• •Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• •In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms.
• •UniqueHuman, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• •In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, UniqueHuman, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by these Terms.
• •You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• •You must comply with all applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).
• •Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

17. Notice Regarding Google

This Section 17 applies only to the extent you acquire the App from the Google Play Store. To that extent: (i) you acknowledge that these Terms are between you and UniqueHuman only, and not with Google LLC ("Google"); (ii) your use of the App must comply with Google's then-current Google Play Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) UniqueHuman, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to the App.

18. No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, the "Select Third Parties") are not parties to these Terms and do not own and are not responsible for the Services. UniqueHuman, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Services or your use or possession thereof. You are responsible for complying with all application store and other applicable Select Third Parties' terms and conditions. YOU AGREE THAT: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS OR THE SERVICES; AND (C) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SERVICES AND THESE TERMS. The Select Third Parties are intended third-party beneficiaries of this Section and are capable of directly enforcing its terms.

19. Modified Devices and Operating Systems

UniqueHuman will have no liability for errors, unreliable operation, or other issues resulting from use of the Services on or in connection with rooted or jailbroken devices, or use on any mobile device that is not in conformance with the manufacturer's original specifications, including the use of modified versions of the operating system (collectively, "Modified Devices"). Use of the Services on Modified Devices is at your sole and exclusive risk and liability.

20. Application Support; Functionality

All questions and requests relating to support for the Services must be directed to UniqueHuman by emailing support@uniquehuman.ai. The Select Third Parties are not responsible for providing support for the Services and may not be contacted for support. UniqueHuman will use commercially reasonable efforts to respond to questions and provide support. We may change or remove functionality and other features of the Services at any time, without notice.

21. Force Majeure

UniqueHuman shall not be deemed to be in breach of these Terms or liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, public health crises, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, electrical shortages, failures of public networks or telecommunications or information technology infrastructure, hacking, cyberattacks, or any other force majeure event.

22. Miscellaneous Terms

Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and UniqueHuman regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Severability. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

No Waiver. No waiver by UniqueHuman of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by UniqueHuman to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

No Agency Relationship. Neither these Terms nor any content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between you and UniqueHuman. You may not enter into any contract on our behalf or bind us in any way.

Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without the prior written consent of UniqueHuman, and any attempted assignment in violation of this provision shall be null and void. UniqueHuman may freely assign these Terms and all rights and obligations hereunder without your consent and without notice in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law. These Terms will be binding upon and inure to the benefit of the parties' permitted successors and assigns.

No Third-Party Beneficiaries. Except as expressly provided herein (including Apple as described in Section 16, Google as described in Section 17, and the Select Third Parties as described in Section 18), these Terms do not and are not intended to confer any rights or remedies upon any person other than you and UniqueHuman.

Notice for California Users. If you are a California resident, you hereby waive California Civil Code §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." This release includes the criminal acts of others.

California Consumer Complaints. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

International Users. The Services are operated from the United States. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for complying with all applicable local laws, rules, and regulations, including data protection and privacy laws. You acknowledge that your personal data may be transferred to and processed in the United States, where data protection laws may differ from those in your jurisdiction.

Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations maintained by the U.S. Department of State. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Services is restricted.

Government End Users. If you are a U.S. government end user, the App is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, and the App is licensed to you only as a Commercial Item and only with those rights as are granted to all other end users pursuant to these Terms.

Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the words "include," "includes," and "including" are deemed to be followed by the words "without limitation."

23. Contact Us

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

These Terms of Service are effective as of the "Last Updated" date set forth above. By using the Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.