TERMS OF SERVICE

Last Updated: August 1, 2026

These Terms of Service (these “Terms”) govern access to and use of the Nerveli website, mobile application, pain- and symptom-tracking tools, assessments, educational content, cognitive behavioral therapy-informed tools, artificial intelligence-assisted coaching, reports, subscriptions, sponsored programs, research activities, support resources, communications, and other products and services provided by Nerveli, Inc. that link to these Terms. These Terms are intended to operate together with any applicable app-store terms, subscription terms, order form, statement of work, business associate agreement, data processing addendum, research consent, program terms, or other written agreement. Please read them carefully.

1. WELCOME

1.1 Agreement to Terms

Welcome to Nerveli. Nerveli, Inc. (“Nerveli,” “we,” “us,” or “our”) provides a mobile application and related digital services designed to help adults understand and manage chronic pain through pain and symptom tracking, personalized education, cognitive behavioral therapy-informed tools, artificial intelligence-assisted coaching, assessments, reports, and related support. These Terms form a legally binding agreement between you and Nerveli and govern your access to and use of the Services.

For purposes of these Terms, the “Services” include: (a) https://getnerveli.com and related public pages; (b) the Nerveli mobile application; (c) pain-tracking, body-map, symptom, stress, sleep, mood, activity, assessment, check-in, educational, coaching, reporting, achievement, and related features; (d) services made available through healthcare providers, health plans, employers, universities, benefit programs, research partners, and other organizations; (e) contact, waitlist, demonstration, account-registration, support, subscription, and payment pages; (f) push notifications, emails, text messages, surveys, research activities, and other communications; and (g) any other product, platform, feature, content, program, or service that links to these Terms.

By accessing or using any Service, creating or using an Account, beginning a free trial, purchasing or using a subscription, redeeming sponsored access, participating in a program, submitting information, downloading the application, or otherwise indicating acceptance of these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Services.

1.2 Definitions

The following terms have the meanings stated below:

• “Account” means an account used to access the mobile application or another restricted-access Service.
• “Authorized User” means an individual authorized to access the Services through an Organizational Customer or sponsored program.
• “Customer Agreement” means an order form, subscription agreement, services agreement, statement of work, business associate agreement, data processing addendum, research agreement, or other written agreement between Nerveli and an Organizational Customer.
• “Health Information” means information concerning an individual’s health, wellness, pain, symptoms, treatments, functioning, emotional well-being, healthcare use, or related experiences, whether or not the information is protected health information under HIPAA.
• “Nerveli Materials” means the Services, application, software, interfaces, designs, workflows, algorithms, assessments, body maps, educational materials, coaching content, reports, templates, text, graphics, audio, video, models, prompts, Documentation, and other materials owned or licensed by Nerveli, including all updates and derivative works.
• “Organizational Customer” means a healthcare provider, health plan, employer, university, benefit program, research institution, association, or other organization that purchases, sponsors, administers, or otherwise contracts for access to the Services.
• “Sponsored User” means an individual whose access to the Services is provided or subsidized by an Organizational Customer.
• “User Content” means information, data, entries, notes, journals, messages, prompts, photographs, videos, audio, files, feedback, and other content submitted, uploaded, entered, generated, or transmitted by or for a user through the Services.

1.3 Eligibility and Authority

The Services are designed for adults and are not intended for individuals under eighteen (18) years of age. You represent and warrant that you are at least eighteen (18), have the legal capacity to enter into these Terms, and will use the Services in accordance with applicable law. If you access or use the Services on behalf of an Organizational Customer, you represent that you are authorized to bind that organization, and “you” includes both you and the organization. You may not use the Services if you are barred from receiving them under applicable law.

1.4 User Types and Applicability

These Terms apply to website visitors, prospective users, individual subscribers, free-trial users, Sponsored Users, Authorized Users, Organizational Customers, healthcare professionals, benefit and program administrators, research participants, and any other person who accesses or uses the Services. Certain provisions apply principally to Organizational Customers or Sponsored Users because they concern customer-administered access, reporting, HIPAA, research, or separate Customer Agreements.

1.5 Supplemental Terms; Order of Precedence

Certain Services may be subject to supplemental terms, including app-store rules, subscription disclosures, promotional terms, Customer Agreements, business associate agreements, data processing addenda, program notices, research consents, or feature-specific instructions (collectively, “Supplemental Terms”). Supplemental Terms are incorporated into these Terms. If Supplemental Terms expressly conflict with these Terms, the Supplemental Terms control for the subject matter of the conflict. A business associate agreement controls with respect to protected health information within its scope; a data processing addendum controls with respect to personal information processed on behalf of an Organizational Customer; and a research consent or authorization controls with respect to the applicable research activity.

1.6 Important Notices

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS, INCLUDING:

• Section 6 (No Medical Advice; Health and Safety), which explains that the Services do not provide medical diagnosis, treatment, psychotherapy, emergency services, or a substitute for professional care;
• Section 7 (Artificial Intelligence-Assisted Features), which describes material limitations of the AI coach and requires independent review before reliance;
• Section 12 (Privacy, HIPAA, and Consumer Health Data), which explains that not all Health Information processed by Nerveli is protected by HIPAA;
• Section 17 (Disclaimers), which disclaims warranties and any guarantee of pain relief, clinical outcomes, cost savings, work outcomes, or other results;
• Section 18 (Indemnification) and Section 19 (Limitation of Liability), which allocate and limit certain risks; and
• Section 21 (Dispute Resolution and Arbitration), which requires individual arbitration for most disputes, includes a class-action waiver, and permits a thirty-day arbitration opt-out.

2. DESCRIPTION OF THE SERVICES

2.1 Public Website and Resources

The public website may provide information concerning chronic pain, Nerveli, pain science, cognitive behavioral therapy-informed approaches, the mobile application, providers, employers, health plans, sponsored programs, research, partnerships, pricing, demonstrations, press, and other resources. Public website content is general information and may be abbreviated, illustrative, or based on circumstances that differ from yours.

2.2 Mobile Application and User Features

The mobile application may permit users to track pain, symptoms, stress, mood, sleep, activity, daily functioning, flare-ups, perceived triggers, treatments, and other experiences; use body maps, assessments, questionnaires, check-ins, journals, and progress tools; receive personalized education, activities, recommendations, summaries, reports, and visualizations; interact with an AI-assisted coach; participate in guided programs; earn and share achievements; and use other features made available by Nerveli. Features may vary by device, operating system, location, subscription, program, eligibility, app version, and user configuration.

2.3 Individual, Provider, Employer, and Health-Plan Programs

Nerveli may offer the Services directly to individuals or through healthcare providers, health plans, employers, universities, benefit programs, associations, research partners, or other Organizational Customers. The Services, eligibility rules, reporting, access period, features, and costs may differ by program. Only the applicable Customer Agreement, program materials, subscription screen, or other Supplemental Terms define the Services available to you.

2.4 No Guarantee of Outcomes

Nerveli does not guarantee pain reduction, fewer flare-ups, improved function, reduced use of healthcare services, fewer missed workdays, improved productivity, lower costs, reimbursement, clinical improvement, or any other health, employment, insurance, financial, or operational outcome. Results vary by person and circumstance. Testimonials, feasibility-study results, statistics, projections, calculators, case examples, and other outcome statements describe particular experiences, study findings, assumptions, or estimates and are not promises that you or an Organizational Customer will obtain the same or any result.

2.5 Changes to the Services

Nerveli may add, remove, update, suspend, or discontinue features, content, programs, integrations, subscription plans, or portions of the Services. Where a Customer Agreement applies, changes will be governed by that agreement. Nerveli is not responsible for changes required by app stores, device platforms, service providers, law, security needs, or circumstances outside Nerveli’s reasonable control.

3. ACCOUNTS, ACCESS, AND SECURITY

3.1 Account Registration

Certain Services require an Account, invitation, access code, sponsored eligibility, or subscription. You must provide accurate, current, and complete information and promptly update it. You may not create an Account for another person without authorization or create an Account using false, misleading, or unlawfully obtained information. Nerveli may reject, suspend, or disable an Account if information is inaccurate, incomplete, misleading, cannot be verified, or creates a legal, security, safety, or operational risk.

3.2 Credentials and Account Security

You are responsible for maintaining the confidentiality and security of usernames, passwords, one-time codes, authentication tokens, devices, and Accounts. Credentials are personal to the assigned user and may not be shared, sold, transferred, or used by another person. You are responsible for activity occurring through your Account unless caused solely by Nerveli’s breach of an express obligation under applicable law or a Customer Agreement.

3.3 Sponsored and Organization-Managed Access

If your access is sponsored or administered by an Organizational Customer, that organization may determine your eligibility, issue an invitation or access code, manage the duration of access, and receive limited administrative or program information as described in the Privacy Policy and applicable program terms. A healthcare provider or health plan may receive Health Information where permitted by law, the applicable Customer Agreement, and any required authorization. An employer or other non-clinical sponsor generally receives aggregate, deidentified, eligibility, enrollment, and limited program-administration information, except where you expressly authorize another disclosure or law permits or requires it.

3.4 Unauthorized Access

You must promptly notify Nerveli at customersuccess@nerveli.com if you know or suspect that an Account, credential, device, or User Content has been compromised or accessed without authorization. Nerveli may require credential resets, suspend access, preserve logs, investigate activity, or take other reasonable steps to protect users, Organizational Customers, the Services, and third parties.

4. SUBSCRIPTIONS, FREE TRIALS, PAYMENT, AND CANCELLATION

4.1 Subscription Plans

Nerveli may offer free access, free trials, monthly or annual subscriptions, sponsored access, promotional plans, or other paid features. Current prices, billing intervals, trial periods, included features, and material purchase terms will be displayed at or before purchase. Nerveli may change available plans or prices prospectively, subject to applicable law and app-store requirements.

4.2 Automatic Renewal

Unless disclosed otherwise, paid subscriptions automatically renew for successive billing periods until canceled. By purchasing a subscription, you authorize Nerveli or the applicable app store or payment provider to charge the payment method associated with your account for recurring subscription fees and applicable taxes. Renewal charges may be processed shortly before the next subscription period begins, as permitted by the applicable provider’s terms.

4.3 Free Trials and Promotions

A free trial or promotional period may be available only to eligible users and may be limited to one per person, Account, payment method, device, or household. Unless the offer states otherwise, a free trial automatically converts to a paid subscription at the displayed price unless canceled before the trial ends. Nerveli may modify, suspend, or terminate a promotion where permitted by law, including in response to misuse or fraud.

4.4 App-Store Purchases

If you purchase through the Apple App Store, Google Play, or another app store, the app-store provider processes payment, manages billing, and generally controls subscription cancellation, refunds, and purchase validation. You must manage or cancel the subscription through the app-store account used to purchase it. Deleting the application or deleting your Nerveli Account does not automatically cancel an app-store subscription.

4.5 Direct Purchases and Organizational Fees

If Nerveli accepts payment directly, you must provide accurate billing information and authorize Nerveli and its payment provider to process charges. Fees payable by an Organizational Customer are governed by the applicable Customer Agreement. You are responsible for applicable sales, use, and similar taxes, excluding taxes based on Nerveli’s net income.

4.6 Cancellation and Refunds

You may cancel a subscription using the method disclosed at purchase or through the applicable app store. Unless required by law or expressly stated in the applicable purchase terms, cancellation takes effect at the end of the then-current paid period, fees are nonrefundable, and Nerveli does not provide prorated refunds or credits for unused time. Refund requests for app-store purchases must be submitted to the applicable app-store provider.

4.7 HSA and FSA

Statements that the Services may be HSA- or FSA-eligible are general information and do not guarantee that a particular purchase is reimbursable under your plan or applicable tax law. Eligibility depends on your plan, circumstances, documentation, and applicable requirements. Nerveli does not provide tax, benefits, or reimbursement advice. Consult your plan administrator or qualified advisor before relying on an HSA or FSA reimbursement.

5. LICENSE AND ACCEPTABLE USE

5.1 Limited License

Subject to your compliance with these Terms, applicable Supplemental Terms, and the Documentation, Nerveli grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the applicable access period to access and use the Services and Nerveli Materials made available to you solely for your personal, non-commercial health and wellness purposes or, for an Organizational Customer and its Authorized Users, the internal program purposes expressly authorized by the applicable Customer Agreement. No rights are granted by implication, estoppel, or otherwise.

5.2 License Restrictions

You may not, and may not permit another person to:

• copy, reproduce, modify, translate, adapt, create derivative works from, publish, distribute, transmit, sell, resell, rent, lease, lend, sublicense, assign, transfer, time-share, or commercially exploit the Services or Nerveli Materials except as expressly permitted;
• share restricted educational content, assessments, programs, reports, coaching content, application screens, algorithms, prompts, or other Nerveli Materials with an unauthorized person or organization;
• use the Services or Nerveli Materials to provide medical, psychological, coaching, consulting, service-bureau, or other services to a third party unless expressly authorized by Nerveli;
• use the Services or Nerveli Materials to build, train, fine-tune, ground, benchmark, validate, improve, or commercialize a competing product, service, dataset, assessment, coaching platform, artificial-intelligence model, or other offering;
• use robots, spiders, crawlers, scrapers, automated queries, browser extensions, data-mining tools, artificial-intelligence extraction tools, or other automated means to access, monitor, extract, copy, or index the Services, except through an authorized integration;
• reverse engineer, decompile, disassemble, or attempt to discover source code, underlying structures, algorithms, models, prompts, workflows, security mechanisms, or non-public elements of the Services, except to the extent a restriction is prohibited by law;
• remove, obscure, or alter copyright, trademark, confidentiality, attribution, proprietary-rights, access-control, or source notices;
• circumvent authentication, subscription controls, usage limits, permissions, security measures, or payment obligations;
• use the Services in a manner that could damage, disable, overburden, impair, disrupt, or interfere with any system, network, data, user, or service; or
• access or use the Services in violation of applicable health, privacy, consumer-protection, employment, intellectual-property, sanctions, export-control, or other law.

5.3 Additional Prohibited Conduct

You agree that you will not, and will not assist or permit another person to:

•submit false, misleading, fraudulent, unlawfully obtained, or materially incomplete information;

•impersonate another person or organization, misrepresent identity or authority, or access another user’s Account without authorization;

•upload malware, malicious code, corrupted files, or content intended to interfere with the Services or another user;

•probe, scan, test, exploit, or attempt to compromise the security, authentication, availability, or integrity of the Services;

•harvest or collect personal information, Health Information, credentials, or User Content without authorization;

•submit content that is unlawful, infringing, defamatory, threatening, harassing, discriminatory, obscene, exploitative, or that violates privacy, confidentiality, employment, or other rights;

•use the Services to promote self-harm, violence, illegal activity, dangerous conduct, or misuse of medication or controlled substances;

•transmit spam, deceptive communications, or unsolicited marketing through the Services;

•permit a competitor to access the Services for copying, benchmarking, competitive analysis, or development of a competing offering; or

•use the Services in any manner that Nerveli reasonably determines creates a material medical, safety, legal, security, privacy, reputational, or business risk.

Nerveli may investigate suspected violations, preserve evidence, remove or restrict content, suspend Accounts, notify an applicable Organizational Customer, and cooperate with healthcare providers, regulators, law enforcement, courts, or other authorities as permitted or required by law.

6. NO MEDICAL ADVICE; HEALTH AND SAFETY

6.1 Educational and Self-Management Support Only

THE SERVICES ARE PROVIDED FOR EDUCATIONAL, INFORMATIONAL, AND SELF-MANAGEMENT SUPPORT PURPOSES. THEY DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PSYCHOTHERAPY, PRESCRIPTION SERVICES, OR CLINICAL DECISION-MAKING.

Nerveli is not a healthcare provider, and use of the Services does not create a physician-patient, therapist-patient, clinician-patient, or other professional relationship with Nerveli or with any clinician, scientist, advisor, author, partner, or other individual whose name, credentials, image, or content appears through the Services. Content developed or reviewed by healthcare professionals remains general educational content unless you separately establish a professional relationship with a provider.

6.2 Consult Qualified Professionals

Always seek the advice of a qualified healthcare professional regarding pain, symptoms, diagnosis, treatment, medication, mental health, physical activity, or any other health question. Never disregard professional advice or delay seeking care because of information or output provided through the Services. Do not start, stop, change, or combine medication, treatment, exercise, or other care based solely on the Services.

6.3 No Sole Reliance

Pain tracking, body maps, assessments, scores, trends, reports, educational materials, coaching content, AI-assisted output, reminders, and recommendations are tools to support—not replace—professional judgment, clinical evaluation, and your own informed decision-making. Health information can be incomplete, inaccurate, outdated, or affected by circumstances the Services cannot observe. You are responsible for deciding whether and how to use information from the Services and for discussing material concerns with a qualified healthcare professional.

6.4 Emergencies and Crisis Situations

THE SERVICES ARE NOT AN EMERGENCY, CRISIS, SUICIDE-PREVENTION, OR REAL-TIME MONITORING SERVICE. NERVELI DOES NOT GUARANTEE THAT IT WILL DETECT OR RESPOND TO AN EMERGENCY, MEDICAL DETERIORATION, SELF-HARM RISK, OR DANGEROUS CONTENT.

Do not use the Services, AI coach, website forms, email, messages, or support channels to seek emergency assistance. If you believe you are experiencing a medical emergency, call 911 or seek immediate emergency care. If you are in emotional crisis or considering suicide or self-harm, call or text 988 in the United States or contact appropriate local emergency or crisis services. Nerveli may display safety information or suggest seeking help, but those features do not create a duty to monitor, intervene, contact a provider, or obtain emergency assistance on your behalf.

6.5 Provider Relationship

If you receive access through a healthcare provider, the provider—not Nerveli—remains responsible for diagnosis, treatment, clinical decisions, prescribing, follow-up, and the provider-patient relationship. The Services may facilitate reports or communications, but they do not guarantee that a provider will review information, respond within any period, or take any particular action. Contact the provider directly regarding care.

7. ARTIFICIAL INTELLIGENCE-ASSISTED FEATURES

7.1 AI Coach and Automated Tools

Nerveli may use artificial intelligence, machine learning, algorithms, assessments, rules-based systems, and other automated tools (collectively, “AI Tools”) to analyze information you provide and generate personalized education, coaching, insights, recommendations, summaries, reports, and other content. AI Tools may process Health Information, prompts, messages, assessment responses, app activity, preferences, and other information as described in the Privacy Policy.

7.2 AI Is Not Human or Clinical Care

The AI coach is software, not a person, physician, therapist, psychologist, nurse, pharmacist, or other healthcare professional. AI-assisted interactions do not constitute medical or mental-health treatment and are not privileged communications with a clinician. You should not assume that the AI coach understands all relevant facts, remembers all prior information, or can identify an emergency or serious condition.

7.3 Output Limitations

AI-assisted outputs are probabilistic and may contain errors, omissions, outdated information, fabricated information, inconsistencies, bias, or content that is inappropriate for your circumstances. AI output is not self-validating and does not establish diagnosis, clinical appropriateness, safety, efficacy, coverage, or eligibility. Nerveli does not warrant the accuracy, completeness, uniqueness, noninfringement, or fitness for a particular purpose of AI-assisted output.

7.4 Human Review Required

You must independently review and evaluate AI-assisted content before relying on it. You may not use AI-assisted content as the sole basis for a medical, medication, mental-health, safety, employment, disability, insurance, benefits, or other consequential decision. Ask a qualified professional to review material health questions or decisions.

7.5 AI Providers and Model Training

Nerveli may use third-party AI, voice, hosting, analytics, and technology providers to support AI features. Their processing on Nerveli’s behalf is governed by applicable contracts and law. Nerveli’s use of personal information and User Content, including whether information may be used to develop or improve Services or models, is described in the Privacy Policy, applicable consents, and Customer Agreements. Nothing in these Terms requires Nerveli to disclose proprietary prompts, models, methods, safety controls, or internal workflows except as required by law.

7.6 Feedback and Safety Review

You may report inaccurate, harmful, or inappropriate AI output through available feedback or support channels. Nerveli may review AI interactions and related technical information as permitted by the Privacy Policy for support, safety, quality assurance, security, and Service improvement. Providing feedback does not create a duty to monitor future interactions or a guarantee that content will be corrected.

8. USER CONTENT, REPORTS, AND SHARING

8.1 Ownership of User Content

As between you and Nerveli, you retain your rights in User Content. Except for the limited rights granted in these Terms and the Privacy Policy, Nerveli does not acquire ownership of your User Content.

8.2 License to Provide the Services

You grant Nerveli and its service providers a non-exclusive, worldwide, royalty-free license to access, host, store, reproduce, transmit, display, format, analyze, process, and otherwise use User Content only as reasonably necessary to provide, personalize, secure, support, maintain, improve, and administer the Services; generate requested reports and outputs; follow your directions; prevent misuse; and comply with law. This license continues for as long as User Content is retained in accordance with the Privacy Policy, applicable consents, Customer Agreements, or law.

8.3 User Representations

You represent and warrant that:

• you have all rights, permissions, notices, consents, and legal authority necessary to submit User Content and permit Nerveli to process it as contemplated by the Services;
• User Content is accurate and complete to the extent reasonably necessary for the feature used;
• User Content and its use do not infringe, misappropriate, or violate intellectual-property, privacy, confidentiality, publicity, employment, contractual, or other rights; and
• you will not submit another person’s Health Information or other sensitive information without authorization.

8.4 Reports and Sharing

The Services may allow you to create, download, display, or share reports, summaries, achievements, progress information, or other content. You are responsible for reviewing content before sharing it, choosing recipients, confirming recipient contact information, and understanding that information may lose protections after it is disclosed outside the Services. Nerveli is not responsible for a recipient’s use, redisclosure, or security practices.

8.5 Account Administrators and Providers

User Content may be accessible to healthcare providers, health plans, Organizational Customers, account administrators, research partners, or other persons only as described in the Privacy Policy, applicable Customer Agreement, program materials, research consent, your direction, or law. Nerveli is not responsible for an authorized recipient’s independent use of information.

8.6 Aggregated and Deidentified Information

Nerveli may generate and use information derived from User Content and Service usage that has been aggregated or deidentified so that it does not reasonably identify you. Nerveli may use such information for analytics, benchmarking, research, product development, program evaluation, public-health or safety initiatives, and other lawful purposes. Nerveli will maintain deidentified information in deidentified form and will not attempt to reidentify it except as permitted by law.

8.7 Feedback

If you provide ideas, suggestions, recommendations, enhancement requests, comments, or other feedback concerning the Services (“Feedback”), you grant Nerveli a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, reproduce, modify, distribute, commercialize, and otherwise exploit the Feedback without restriction, attribution, or compensation. Feedback does not include Health Information or other User Content merely because it is submitted through a support request.

9. ORGANIZATIONAL CUSTOMERS AND SPONSORED PROGRAMS

9.1 Organizational Customer Responsibilities

An Organizational Customer is responsible for its eligibility criteria, enrollment and administrative instructions, notices, legal bases, authorizations, user communications, program design, and compliance with applicable health, privacy, employment, benefits, research, and consumer-protection laws. The Organizational Customer may not require Nerveli to process information or provide reports in violation of law or an applicable Customer Agreement.

9.2 Healthcare Providers and Health Plans

Where Nerveli provides Services on behalf of a healthcare provider or health plan, the applicable Customer Agreement and, where required, business associate agreement govern the relationship. The Organizational Customer remains responsible for its treatment, payment, healthcare operations, coverage, care-management, benefit, and other decisions. Nerveli does not determine coverage, medical necessity, benefits, reimbursement, utilization management, or clinical treatment.

9.3 Employers and Non-Clinical Sponsors

Employers, managers, and human-resources personnel do not receive identifiable pain, symptom, assessment, AI-coaching, or other Health Information through standard employer-sponsored program reporting unless you expressly authorize the disclosure, law permits or requires it, or applicable program materials clearly state otherwise. Nerveli does not make employment, performance, leave, accommodation, disability, compensation, or benefits decisions.

9.4 Program Metrics and Outcomes

Program dashboards, utilization reports, engagement metrics, cost estimates, outcome analyses, return-on-investment calculators, and other program information may depend on assumptions, incomplete data, user participation, third-party information, and statistical methods. They are informational and do not guarantee savings, clinical outcomes, productivity, retention, coverage, or regulatory compliance.

10. RESEARCH, SURVEYS, AND TESTIMONIALS

10.1 Research Participation

Nerveli may invite users to participate in surveys, feasibility studies, program evaluations, interviews, research, or similar activities. Participation is voluntary unless otherwise disclosed. Where required, Nerveli or a research partner will provide a separate consent, authorization, or supplemental notice describing the activity, information collected, risks, benefits, compensation, withdrawal rights, and other terms. Those materials control for the applicable activity.

10.2 No Effect on Services

Declining or withdrawing from optional research will not affect access to ordinary Services unless the Service or access was offered solely as part of the research activity. Withdrawal may not require deletion of information already used, disclosed, deidentified, or retained as permitted by the applicable consent or law.

10.3 Testimonials and Publicity

Nerveli will not use your identifiable testimonial, name, image, likeness, voice, or story in public marketing without permission where required by law. If you authorize such use, the applicable release or consent will govern. Testimonials reflect individual experiences and do not guarantee results.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Nerveli Ownership

Nerveli and its licensors own all right, title, and interest in and to the Services and Nerveli Materials, including software, source code, object code, interfaces, designs, workflows, algorithms, assessments, body maps, educational content, CBT-informed materials, coaching content, databases, data structures, prompts, models, analyses, graphics, text, audio, video, Documentation, improvements, updates, modifications, and derivative works, together with all related intellectual-property rights. Except for the limited rights expressly granted in these Terms or a Customer Agreement, all rights are reserved.

11.2 Third-Party and Partner Materials

The Services may include or reference content, standards, resources, articles, videos, or other materials owned by healthcare professionals, researchers, advocacy organizations, licensors, or other third parties. Third-party materials remain subject to applicable rights, licenses, restrictions, and disclaimers. References to the American Chronic Pain Association or another partner, advisor, clinician, research institution, health system, employer, health plan, or organization do not create a warranty, agency, clinical relationship, certification, or guarantee of results.

11.3 Trademarks

Nerveli, the Nerveli logo, related product and service names, designs, and slogans are trademarks or service marks of Nerveli or its licensors. You may not use them without Nerveli’s prior written consent. Third-party names and marks remain the property of their owners.

11.4 Copyright Complaints

If you believe material available through the Services infringes your copyright, send a notice containing the information required by the Digital Millennium Copyright Act to:

Nerveli, Inc.
Attn: DMCA Agent
7300 State Hwy 121 Ste 300, McKinney, TX 75070
McKinney, Texas 75070
United States
Email: legal@nerveli.com

Nerveli may remove or disable access to allegedly infringing material and may terminate repeat infringers.

12. PRIVACY, HIPAA, AND CONSUMER HEALTH DATA

12.1 Privacy Policy

Nerveli’s Privacy Policy, available at https://getnerveli.com/privacy-policy, describes how Nerveli collects, uses, discloses, retains, and protects personal information and is incorporated into these Terms by reference. By using the Services, you acknowledge that you have had an opportunity to review the Privacy Policy.

12.2 Not All Health Information Is Subject to HIPAA

NOT ALL HEALTH INFORMATION COLLECTED OR PROCESSED THROUGH THE SERVICES IS PROTECTED HEALTH INFORMATION UNDER HIPAA.

HIPAA may apply when Nerveli processes protected health information on behalf of a HIPAA-covered healthcare provider, health plan, or other covered entity under a business associate agreement. Health Information you provide directly to Nerveli through a consumer service may be governed by the Privacy Policy and other consumer-health or privacy laws but may not be protected by HIPAA. Where HIPAA applies, the covered entity’s Notice of Privacy Practices may also govern.

12.3 Organizational Customer Data

When Nerveli processes personal information solely on behalf of an Organizational Customer, that customer generally determines the purposes and means of processing, and Nerveli acts as a processor, service provider, or business associate, as applicable. The Organizational Customer is responsible for its instructions, legal bases, notices, permissions, authorizations, and compliance. Nerveli acts for its own purposes with respect to account administration, billing, security, support, analytics, legal compliance, and other activities described in the Privacy Policy.

12.4 Consumer Health Data

The Services may collect consumer health data subject to state consumer-health privacy laws. The Privacy Policy includes Nerveli’s Consumer Health Data Privacy Notice and describes the categories of consumer health data collected, sources, purposes, disclosures, rights, and available request methods. Nerveli does not sell consumer health data or use consumer health data for targeted advertising.

12.5 Privacy and Data Processing Agreements

A business associate agreement, data processing addendum, research consent, or other applicable agreement controls these Terms and the Privacy Policy with respect to information within its scope. Privacy requests concerning information controlled by an Organizational Customer may be referred to that customer.

12.6 Security

Nerveli uses reasonable administrative, technical, and organizational safeguards designed to protect personal information. No method of transmission or storage is completely secure, and Nerveli cannot guarantee absolute security. You are responsible for securing your device, credentials, email, messages, backups, and copies of information downloaded or shared outside the Services.

12.7 Cookies, SDKs, and Similar Technologies

The Services may use cookies, pixels, software development kits, local storage, authentication tokens, web beacons, scripts, analytics tools, and similar technologies. Additional information and available choices are described in the Privacy Policy and any cookie preference tool or device settings made available to you.

13. ELECTRONIC COMMUNICATIONS AND NOTIFICATIONS

13.1 Electronic Notices

By using the Services, creating an Account, purchasing a subscription, enrolling in a program, or providing contact information, you consent to receive account, subscription, billing, security, support, program, research, healthcare, legal, and other transactional or relationship communications electronically. Electronic communications satisfy any legal requirement that a communication be in writing, except where law requires another method. You are responsible for maintaining current contact information and monitoring communications.

13.2 Push Notifications and Reminders

You may receive push notifications, reminders, educational prompts, progress notices, or other app communications based on your settings. Notifications may be delayed, undelivered, suppressed by device settings, or viewed by others with access to your device. Do not rely on notifications for emergency or time-sensitive medical information. You may manage push notifications through the application or device settings.

13.3 Marketing Communications

You may opt out of marketing emails through the unsubscribe mechanism or by contacting Nerveli. Nerveli may continue to send non-marketing service, account, subscription, security, legal, healthcare-program, and other relationship communications.

13.4 Text Messages

If you elect to receive text messages, message and data rates may apply and message frequency may vary. You may opt out using the instructions in the applicable message or by contacting Nerveli. Consent to marketing text messages is not a condition of purchasing the Services. Nerveli does not share mobile telephone numbers or text-message opt-in and consent information with third parties or affiliates for their own marketing or promotional purposes.

14. THIRD-PARTY SERVICES, APP STORES, AND DEVICES

14.1 Third-Party Services

The Services may contain links to, integrate with, exchange information with, or depend on third-party websites, applications, app stores, devices, operating systems, healthcare providers, health plans, research organizations, payment providers, authentication providers, AI providers, analytics providers, social media services, or other third-party offerings (collectively, “Third-Party Services”). Third-Party Services are governed by their own terms, licenses, privacy notices, and availability.

14.2 No Responsibility for Third Parties

Nerveli does not control and is not responsible for Third-Party Services, including their content, data, accuracy, availability, security, performance, clinical decisions, eligibility decisions, payment decisions, or privacy practices. Nerveli does not warrant continued compatibility or availability of an integration. Your use of Third-Party Services is at your own risk.

14.3 Apple App Store

If you download the application through the Apple App Store, you acknowledge that these Terms are between you and Nerveli, not Apple; Apple has no obligation to provide maintenance or support for the application; Nerveli, not Apple, is responsible for warranties, claims, and intellectual-property matters concerning the application, subject to these Terms and applicable law; your use must comply with the App Store’s usage rules; and Apple and its subsidiaries are third-party beneficiaries of this subsection and may enforce it.

14.4 Google Play and Other App Stores

If you obtain the application through Google Play or another app store, your use is also subject to the applicable provider’s terms. The provider is not responsible for the application, maintenance, support, warranties, or claims except as required by its terms or applicable law.

14.5 Device Requirements

You are responsible for obtaining and maintaining a compatible device, operating system, internet connection, data plan, permissions, and security controls. Nerveli does not guarantee that the Services will operate on every device or version or that all features will remain compatible with older devices or software.

15. CONFIDENTIALITY

15.1 Organizational Confidential Information

Where an Organizational Customer and Nerveli exchange non-public information in connection with a Customer Agreement, each party will use the other party’s Confidential Information only to perform or exercise rights under that agreement and will protect it using at least reasonable care. Confidential Information does not include information that is public through no breach, lawfully known without restriction, lawfully received from a third party without a duty, or independently developed without use of the other party’s Confidential Information.

15.2 Required Disclosure

A receiving party may disclose Confidential Information to the extent required by law, court order, regulator, or governmental authority, provided it gives notice where legally permitted and discloses only the information required. This Section does not alter obligations under HIPAA, consumer-health privacy laws, a business associate agreement, or a data processing addendum.

16. ACCOUNT DELETION, SUSPENSION, AND TERMINATION

16.1 Account Deletion

You may request deletion of your Account through any available in-app feature or by contacting Nerveli. Deleting the application does not delete your Account. Deleting an Account does not automatically cancel an app-store subscription. Nerveli may retain information as permitted or required by the Privacy Policy, Customer Agreements, research consents, healthcare or program requirements, security needs, legal obligations, backups, or record-integrity requirements.

16.2 Suspension

Nerveli may suspend, restrict, or disable access to any Service, Account, feature, integration, or User Content if Nerveli reasonably determines that: (a) you violated these Terms or Supplemental Terms; (b) payment is overdue; (c) access creates a security, medical, safety, privacy, legal, or operational risk; (d) suspension is requested by an Organizational Customer that administers your access; (e) an app store, provider, court, government authority, or third party requires or reasonably necessitates suspension; or (f) suspension is necessary to prevent harm, preserve evidence, investigate misuse, or maintain the Services.

16.3 Termination

You may stop using the Services at any time, subject to subscription cancellation terms. Nerveli may terminate these Terms or your access for material breach, unlawful conduct, nonpayment, misuse, risk to users or the Services, discontinuation of a Service, or as otherwise permitted by Supplemental Terms or law. Termination of sponsored access may occur when eligibility or the applicable program ends.

16.4 Effect of Termination

Upon termination or expiration, your license and access rights end, you must stop using restricted Nerveli Materials, and outstanding payment obligations remain due. Sections that by their nature should survive will survive, including ownership, User Content licenses concerning retained information, Feedback, confidentiality, disclaimers, indemnification, limitation of liability, dispute resolution, and general provisions.

17. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS

17.1 General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, NERVELI MATERIALS, USER REPORTS, ASSESSMENTS, SCORES, INSIGHTS, EDUCATIONAL CONTENT, AI-ASSISTED OUTPUTS, THIRD-PARTY MATERIALS, AND ALL RELATED CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” NERVELI DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES AND CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SECURITY, AVAILABILITY, QUIET ENJOYMENT, AND RESULTS.

17.2 Specific Disclaimers

WITHOUT LIMITING THE FOREGOING, NERVELI DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT A PARTICULAR TIME OR LOCATION; (B) DEFECTS WILL BE CORRECTED; (C) CONTENT, ASSESSMENTS, REPORTS, SCORES, INSIGHTS, RECOMMENDATIONS, OR AI-ASSISTED OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR YOU; (D) THE SERVICES WILL IDENTIFY A CONDITION, EMERGENCY, CRISIS, OR MATERIAL CHANGE IN HEALTH; (E) THE SERVICES WILL BE ACCEPTED OR REIMBURSED BY A PROVIDER, HEALTH PLAN, EMPLOYER, BENEFIT PLAN, TAX AUTHORITY, OR OTHER THIRD PARTY; OR (F) USE OF THE SERVICES WILL REDUCE PAIN, PREVENT A FLARE-UP, IMPROVE FUNCTION, REDUCE HEALTHCARE USE, REDUCE MISSED WORK, LOWER COSTS, OR PRODUCE ANY PARTICULAR OUTCOME.

Some jurisdictions do not permit exclusion of certain warranties. In those jurisdictions, Nerveli’s warranties are limited to the maximum extent permitted by law.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nerveli, its affiliates, officers, directors, employees, agents, contractors, service providers, licensors, partners, successors, and assigns from and against claims, actions, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your access to or use of the Services or Nerveli Materials outside the scope authorized by these Terms;
• User Content, including allegations that User Content or Nerveli’s authorized processing of it violates law or third-party rights;
• your violation of these Terms, Supplemental Terms, applicable law, or third-party terms;
• your unauthorized sharing, copying, distribution, or commercial use of Nerveli Materials;
• your negligence, willful misconduct, fraud, or violation of another person’s rights; or
• for an Organizational Customer, its program design, instructions, eligibility decisions, disclosures, employment or benefits decisions, or acts and omissions of its Authorized Users and administrators.

Nerveli may assume the exclusive defense and control of a matter subject to indemnification, and you will reasonably cooperate. You may not settle a claim in a manner that admits liability by, imposes obligations on, or adversely affects Nerveli without Nerveli’s prior written consent. This Section does not require indemnification to the extent a claim is finally determined to result directly from Nerveli’s gross negligence, willful misconduct, or violation of applicable law.

19. LIMITATION OF LIABILITY

19.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NERVELI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, PARTNERS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOSS OF REVENUE, PROFITS, BUSINESS, GOODWILL, USE, DATA, OR OPPORTUNITY; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR ANY LOSS ARISING FROM HEALTHCARE, EMPLOYMENT, BENEFITS, COVERAGE, REIMBURSEMENT, RESEARCH, PROGRAM, OR THIRD-PARTY DECISIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NERVELI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED: (A) FOR AN INDIVIDUAL USER, THE AMOUNT ACTUALLY PAID BY THAT USER TO NERVELI FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER; OR (B) FOR AN ORGANIZATIONAL CUSTOMER, THE FEES ACTUALLY PAID TO NERVELI FOR THE AFFECTED SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. MULTIPLE CLAIMS DO NOT ENLARGE THIS LIMIT.

19.3 Application and Exceptions

The exclusions and limitations in this Section apply regardless of legal theory and even if a remedy fails of its essential purpose. They do not limit payment obligations, your indemnification obligations, liability for your infringement or misappropriation of Nerveli’s intellectual property, fraud, willful misconduct, or liability that cannot lawfully be excluded or limited. An applicable Customer Agreement may provide different negotiated caps or exceptions for the Services within its scope.

20. CHANGES TO THESE TERMS

Nerveli may update these Terms from time to time. Material changes will be posted through the Services, and Nerveli may provide additional notice by email, in-app notice, Account notification, or another legally sufficient method. Unless law or Supplemental Terms require otherwise, updated Terms become effective fourteen (14) days after posting for existing users and immediately for new users. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and cancel any subscription as described above. Changes to the arbitration agreement will not apply retroactively to a dispute of which Nerveli had actual notice before the change became effective.

21. DISPUTE RESOLUTION AND ARBITRATION

21.1 Governing Law

These Terms and any dispute or claim arising out of or relating to them or the Services are governed by the laws of the State of Texas, without giving effect to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Informal Dispute Resolution

Before initiating arbitration or litigation, the party asserting a dispute must provide written notice describing the dispute, relevant facts, and requested relief. The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt. This requirement does not prevent either party from seeking temporary equitable relief or taking action necessary to preserve a claim.

21.3 Binding Individual Arbitration

EXCEPT FOR MATTERS DESCRIBED IN SECTION 21.4, YOU AND NERVELI AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT IN COURT.

Arbitration will be administered by the American Arbitration Association (“AAA”). The AAA Consumer Arbitration Rules will apply to an individual consumer, and the AAA Commercial Arbitration Rules will apply to an Organizational Customer, unless the parties agree otherwise. The arbitration will be conducted by one neutral arbitrator in English. A hearing may occur by video, telephone, written submissions, or in person as permitted by the applicable rules. The arbitrator may award relief available to the individual party under applicable law but may not award relief for or against a person who is not a party to the arbitration.

21.4 Exceptions

Either party may: (a) bring an eligible individual claim in small-claims court; (b) seek temporary or emergency equitable relief to protect intellectual property, confidentiality, privacy, security, or prevent unauthorized access or misuse; or (c) pursue a claim that applicable law prohibits from being arbitrated.

21.5 Class and Representative Action Waiver

YOU AND NERVELI AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER A REPRESENTATIVE PROCEEDING.

If this waiver is finally determined unenforceable with respect to a particular claim or remedy, that claim or remedy will be severed and decided by a court after all arbitrable claims are completed.

21.6 Arbitration Opt-Out

You may opt out of Sections 21.3 and 21.5 by sending written notice within thirty (30) days after you first become subject to them. The notice must include your full name, address, email address associated with your Account, and an unequivocal statement that you opt out of arbitration. Send the notice to legal@nerveli.com with the subject line “Arbitration Opt-Out.” Opting out does not affect the remaining Terms.

21.7 Court Venue and Jury Waiver

For any dispute not subject to arbitration, the state and federal courts located in Dallas County, Texas will have exclusive jurisdiction, and each party submits to personal jurisdiction and venue there. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL.

21.8 Time to Bring Claims

To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrued or it is permanently barred. This limitation does not apply where law prohibits contractual shortening of the limitations period or to payment claims, intellectual-property claims, breaches of confidentiality, or fraud.

22. FORCE MAJEURE

Nerveli will not be liable for delay or failure caused by circumstances beyond its reasonable control, including acts of God, severe weather, natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, governmental action, changes in law, sanctions, embargoes, supply-chain disruption, utility or telecommunications failure, internet or cloud-service failure, cyberattack, denial-of-service attack, app-store action, device-platform change, or third-party service failure. Nerveli will use commercially reasonable efforts to mitigate the effects of a force-majeure event. Payment obligations for Services already provided are not excused.

23. UNITED STATES USE; EXPORT CONTROLS; SANCTIONS

The Services are intended for use in the United States. Nerveli does not represent that the Services are appropriate, lawful, or available in another jurisdiction. You are responsible for applicable local law. You may not access, export, reexport, transfer, release, or use the Services, software, technology, or technical data in violation of United States or other applicable export-control or sanctions laws. You represent that you are not located in a comprehensively sanctioned jurisdiction, are not owned or controlled by a restricted person, and are not identified on an applicable government restricted-party list.

24. GENERAL PROVISIONS

24.1 Entire Agreement

These Terms, the Privacy Policy, applicable subscription disclosures, and Supplemental Terms constitute the entire agreement concerning access to and use of the Services and supersede prior or contemporaneous discussions concerning that subject matter. A purchase order, vendor portal, or other customer form does not modify the agreement unless Nerveli expressly agrees in a signed writing.

24.2 Assignment

You may not assign or transfer these Terms or an Account without Nerveli’s prior written consent. Nerveli may assign or transfer these Terms to an affiliate or in connection with a merger, reorganization, financing, sale of equity, sale of substantially all assets, or similar transaction. Subject to the foregoing, these Terms bind and benefit permitted successors and assigns.

24.3 Delegation and Service Providers

Nerveli may use affiliates, contractors, consultants, healthcare and research partners, hosting providers, AI providers, analytics providers, communications providers, payment providers, and other service providers to provide the Services. Nerveli remains responsible for its contractual obligations to the extent stated in an applicable Customer Agreement.

24.4 Notices

Legal notices concerning breach, termination, arbitration opt-out, or claims must be in writing. Notices to Nerveli must be sent to the contact information in Section 24.10. Notices to you may be sent to the email, Account, device, or business address associated with your use of the Services or an applicable Customer Agreement. Email notice is effective upon confirmed delivery or other evidence of delivery.

24.5 Severability

If a provision is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. The parties intend that an invalid provision be modified to most closely reflect its lawful purpose.

24.6 Waiver

Failure to enforce a provision is not a waiver. A waiver must be in writing and signed by the waiving party and applies only to the specific instance stated.

24.7 Relationship of the Parties

The parties are independent contractors. Nothing creates a partnership, joint venture, agency, fiduciary, franchise, employment, healthcare-provider, therapist, insurer, health-plan, benefits-administrator, research-investigator, or other relationship not expressly stated in a Customer Agreement. Neither party may bind the other without written authority.

24.8 No Third-Party Beneficiaries

Except as expressly stated for app-store providers or indemnified parties, these Terms do not create rights for third parties.

24.9 Interpretation and Electronic Acceptance

Headings are for convenience only. “Including” means “including without limitation.” “Or” is inclusive. References to laws include amendments and successor provisions. Electronic signatures, click-through acceptance, in-app acceptance, and electronic records have the same effect as originals and handwritten signatures to the extent permitted by law.

24.10 Contact Information

Questions about these Terms may be directed to:

Email: legal@nerveli.com

Nerveli, Inc.
Attn: Legal Department
7300 State Hwy 121 Ste 300, McKinney, TX 75070
McKinney, Texas 75070
United States