Terms of Service

1. Acceptance of Terms

By accessing or using Ovaela (the "Service"), operated by Ovaela ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and the Company. Please read them carefully before using the Service.

2. Description of the Service

Ovaela is a wellness platform that helps you track and understand your health data across multiple domains, including blood work results, nutrition, supplements, workouts, and wearable data. The Service provides wellness information and educational insights generated by artificial intelligence.

What the Service Is

• A General Wellness Product as defined by FDA guidance
• An AI-powered tool that provides wellness information and educational insights
• A platform for tracking and organizing your personal health data
• A tool that may help you prepare for conversations with your healthcare provider

What the Service Is Not

• Not an FDA-approved medical device
• Not a substitute for professional medical advice, diagnosis, or treatment
• Not a licensed healthcare provider or medical professional
• Not a tool for diagnosing, treating, curing, mitigating, or preventing any disease or medical condition
• Not an emergency medical service

3. AI-Generated Content Disclaimer

All insights, observations, and information provided by Ovaela Health AI are generated by artificial intelligence. This content is not reviewed by a licensed healthcare professional before being presented to you.

AI-generated content may contain inaccuracies, errors, or omissions. The AI may fail to identify patterns that a healthcare professional would recognize, or it may surface observations that are not clinically meaningful. You should never rely solely on the Service for health decisions.

The Service uses a severity-tiered output system to filter AI responses. When the AI detects patterns that may warrant professional review, it will recommend that you consult with your healthcare provider rather than providing clinical interpretations.

4. User Responsibilities

By using the Service, you agree to the following:

• You are at least 18 years of age
• You will provide accurate and truthful health data to the best of your knowledge
• You understand that the Service provides wellness information, not medical advice
• You will consult a qualified healthcare provider before making any health decisions based on information from the Service
• You will not use the Service as a replacement for professional medical care
• You will call 911 or your local emergency number in any medical emergency
• You are responsible for maintaining the confidentiality of your account credentials
• You will not use the Service for any unlawful purpose or in violation of these Terms

5. Health Data Usage and Storage

The Service collects and processes health data that you voluntarily provide, including blood work results, nutrition logs, supplement information, workout data, and wearable data. For full details on how your data is collected, used, stored, and protected, please refer to our Privacy Policy.

Your health data is encrypted at rest and in transit using industry-standard encryption. We store your data on secure cloud infrastructure. You retain ownership of your health data at all times.

Ovaela's doctor feature is, at present, an informational directory only on both the iOS app and the web app. Ovaela does not currently rank, match, book, or transmit a wellness summary to a provider on your behalf from either surface. Ovaela is designing a future doctor-sharing workflow that would let you generate a wellness summary in the web app and share it with a provider you select, with explicit per-instance consent, raw wellness data only (no AI-generated interpretations), and revocation at any time. That workflow is not yet enabled in production; Ovaela will update this Policy and the Privacy Policy before activating it. See the Privacy Policy §5 for the full description of each surface.

6. Mental Health Crisis Detection

The Service includes safety protocols that may detect language indicating a mental health crisis. If such language is detected, the Service will redirect you to the 988 Suicide & Crisis Lifeline (call or text 988) or other appropriate crisis resources. This feature is not a substitute for emergency services. If you or someone you know is in immediate danger, call 911.

7. Account Termination and Data Deletion

You may terminate your account at any time through the Service's settings. Upon termination, you may request permanent deletion of all your health data.

When you request data deletion, we will permanently delete your health data from our active systems, and copies in our routine encrypted backups are removed as those backups age out of our backup-retention cycle. If the planned doctor-sharing workflow (see the Privacy Policy §5) is enabled in the future, any shared summaries would be deleted immediately on a deletion request. Certain records (such as security and consent logs) may be retained where needed for security, consent history, legal requests, or dispute resolution.

We reserve the right to suspend or terminate your account if you violate these Terms, use the Service in a manner that could harm other users, or engage in fraudulent or illegal activity. We will provide notice of termination when reasonably possible.

8. Intellectual Property

The Service, including its design, features, code, and AI models, is owned by Ovaela and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our prior written consent.

You retain ownership of all health data you provide to the Service. By using the Service, you grant us a limited, non-exclusive license to process your data solely for the purpose of providing the Service to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OVAELA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

THE SERVICE PROVIDES WELLNESS INFORMATION GENERATED BY ARTIFICIAL INTELLIGENCE. IT IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ALL HEALTH DECISIONS YOU MAKE. THE COMPANY IS NOT RESPONSIBLE FOR ANY HEALTH OUTCOMES RESULTING FROM YOUR USE OF OR RELIANCE ON THE SERVICE.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY CONTENT OR AI-GENERATED INSIGHTS WILL BE ACCURATE, COMPLETE, OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

11.1 Informal Resolution First

Before initiating arbitration, you agree to first contact us at admin@ovaela.ai and attempt to resolve the dispute informally for at least 30 days. If we cannot resolve the dispute informally within 30 days, either party may proceed to binding arbitration as described below.

11.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or your use of Ovaela, including disputes about the validity, interpretation, or enforceability of this arbitration clause, shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at adr.org/consumer. The arbitration shall take place in the State of Georgia (or, at your election, by telephone or videoconference), and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

11.3 Fees and Costs

If you initiate arbitration, Ovaela will pay all AAA filing fees and arbitrator costs beyond the first $200 (which is your responsibility, consistent with AAA Consumer Rules). Each party shall bear its own attorney's fees unless the arbitrator determines that a party's claims or defenses were frivolous, in which case the arbitrator may award reasonable attorney's fees to the prevailing party.

11.4 Class Action and Jury Trial Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding against Ovaela. You also waive any right to a jury trial. If this class action waiver is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.

11.5 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

11.6 Injunctive Relief

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 or confidential information.

11.7 Opt-Out Right

You may opt out of this arbitration clause by sending a written notice to admin@ovaela.ai within 30 days of first creating your Ovaela account. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Ovaela agree to resolve disputes exclusively in the state or federal courts located in the State of Georgia. Opting out of arbitration will not affect any other provisions of these Terms.

11.8 Carve-Outs for Non-Waivable State-Law Claims

Nothing in this Section 11 (including the agreement to arbitrate, the class-action and representative-proceeding waiver, and the jury-trial waiver) applies to, limits, or requires arbitration of: (a) a claim for public injunctive relief brought under California law (including the Unfair Competition Law, the False Advertising Law, and the Consumers Legal Remedies Act), which, consistent with McGill v. Citibank, N.A., may be brought and decided in court; or (b) any right or remedy under the Washington My Health My Data Act (or the Washington Consumer Protection Act through which it is enforced), or under any other applicable state consumer-health-data or consumer-protection statute, but in each case only to the extent that right or remedy cannot lawfully be waived or compelled to arbitration. These carve-outs are severable: if a claim falls within them, it proceeds in court while all other claims remain subject to arbitration on an individual basis, and the existence of such a claim does not by itself render the arbitration agreement or the class-action waiver unenforceable as to any other claim.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of laws provisions. Any legal action not subject to arbitration shall be brought in the state or federal courts located in the State of Georgia.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by updating the "Last updated" date at the top of this page and, where appropriate, by providing additional notice (such as an in-app notification or email). Your continued use of the Service after such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Contact Information

If you have any questions about these Terms, please contact us at: admin@ovaela.ai