Sachi Health · Legal

Terms of Service

Version 3.0 · Last updated September 28, 2026

These Terms of Service (“Terms”) apply to your access to and use of the Sachi Health website located at sachi-health.com, the Sachi Health mobile application (the “App”), and related online products and services (collectively, our “Services”) provided by Sachi Health Inc. (“Sachi Health,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 16 AND THE CLASS ACTION WAIVER AND JURY TRIAL WAIVER IN SECTION 17, WHICH REQUIRE THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT OR AS PART OF A CLASS, CONSOLIDATED, OR COORDINATED ACTION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 16.

By creating an account, accessing, or using our Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms in their entirety, do not use our Services. These Terms are a legally binding agreement between you and Sachi Health.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. For changes that materially reduce your rights or materially increase your obligations, we will provide at least 30 days’ advance notice by email or in-Service notice. Material changes will become effective on the stated date. Changes addressing new features, legal requirements, or security may take effect immediately.

If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at security@sachi-health.com.

1. Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy.

2. Eligibility

You must be at least 18 years of age and currently reside in the United States to use our Services.

3. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your account credentials and promptly notify us at security@sachi-health.com if you discover or suspect that someone has accessed your account without your permission. You may not share your account credentials or permit another person to access your account. You are responsible for all activity that occurs through your account.

4. Your Content and Data

Our Services may allow you to submit, enter, store, or otherwise provide information, data, text, notes, and other materials, including health and wellness information (collectively, “User Content”). As between you and Sachi Health, you retain all rights you may have in your User Content, including your health information. Sachi Health does not claim ownership of your User Content.

You represent and warrant that you have all rights and permissions necessary to provide your User Content to the Services. You authorize Sachi Health and its service providers to process, use, reproduce, and store your User Content as reasonably necessary to provide, operate, maintain, protect, and improve the Services and as otherwise described in our Privacy Policy.

We may also create and use aggregated or anonymized information derived from User Content as described in our Privacy Policy.

5. General Wellness; Not Medical Advice

THE SERVICES ARE INTENDED FOR GENERAL WELLNESS AND INFORMATIONAL PURPOSES ONLY. THEY ARE NOT MEDICAL ADVICE, AND THEY ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION.

The Services provide general wellness information inspired by peer-reviewed research. The Services do not provide personalized medical advice, and your use of the Services does not create a doctor-patient or other clinical relationship.

The Services may present peer-reviewed research and wellness programs related to lifestyle topics based on information you provide. Such information and programs are provided for educational and informational purposes only and are not personalized medical recommendations.

Information about supplements referenced in research is provided for educational purposes only. Always consult your healthcare provider before starting or changing any supplement, medication, diet, exercise program, or other wellness routine.

The Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider regarding a medical condition. If you are experiencing a medical emergency, call 911 immediately.

6. Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you will not:

Enforcement of this Section 6 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

7. Ownership; Limited License

The Services, including the software, design, proprietary methods, research summaries, wellness programs, text, graphics, images, photographs, videos, illustrations, and other content and materials made available through the Services, are owned by Sachi Health or our licensors and are protected under United States and foreign intellectual property laws. For clarity, the foregoing does not include your User Content or any Third-Party Content.

Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial wellness use. Any use of our Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate this license, and may violate our intellectual property rights.

8. Trademarks

The Sachi Health name and logos, and our other product or service names, slogans, and the look and feel of our Services, are trademarks of Sachi Health and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on our 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 us.

9. Feedback

You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, or other feedback about us or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, modify, improve, or otherwise enhance our Services. In addition, you waive any so-called “moral rights” in the Feedback to the extent permitted by applicable law. You understand that we may treat Feedback as nonconfidential.

10. Subscriptions, Free Trial, and Billing

Auto-renewing subscription. Certain features of the Services require a paid, automatically renewing subscription. Subscription options and applicable prices are displayed in the Apple App Store before you subscribe.

Billing by Apple. Subscriptions are purchased through and billed by Apple’s App Store using your Apple ID. Sachi Health does not receive your payment card information. Payment is charged to your Apple ID account upon confirmation of purchase.

Free Trial. New subscribers may be eligible for a seven-day free trial. Unless you cancel at least 24 hours before the end of the free trial, your paid subscription will begin automatically and your Apple ID account will be charged. Any unused portion of a free trial may be forfeited when you purchase a subscription.

Auto-renewal and cancellation. Your subscription will automatically renew unless you turn off automatic renewal at least 24 hours before the end of the then-current subscription period. You can manage or cancel your subscription through your Apple account settings. Deleting the App or your Sachi Health account does not cancel your subscription.

Refunds. Purchases and refunds are subject to Apple’s applicable terms and refund policies. Sachi Health cannot issue refunds for purchases billed by Apple.

Price Changes. If the price of your subscription changes, Apple will provide any notice or obtain any consent required under its applicable terms or applicable law.

Effect of cancellation. If your subscription expires or is canceled, you may lose access to subscription features at the end of the applicable subscription period. Your Sachi Health account and information will otherwise be handled as described in our Privacy Policy.

11. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent as follows:

Designated Agent: Copyright Agent, Sachi Health Inc.

Address: 69 Charlton St, New York, NY 10014

Telephone Number: (847) 644-1655

E-Mail Address: security@sachi-health.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.

12. Third-Party Content and Services

We may provide information about or links to third-party research, publications, websites, products, or services, or otherwise make third-party content or information available through the Services (collectively, “Third-Party Content”). Third-Party Content includes the underlying peer-reviewed studies and publications referenced through the Services, but does not include summaries, descriptions, wellness programs, or other content created by Sachi Health.

We provide Third-Party Content for informational purposes. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. Your use of third-party websites, products, or services may also be subject to additional terms and policies provided by the applicable third party.

13. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Sachi Health, our subsidiaries and affiliates, and our and their respective officers, directors, agents, partners and employees (individually and collectively, the “Sachi Health Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another, including intellectual property rights or privacy rights; or (d) your misuse of the Services or your conduct in connection with our Services.

You agree to cooperate with the Sachi Health Parties in defending such Claims and to pay all fees, costs and expenses associated with defending such Claims, including reasonable attorneys’ fees. Sachi Health will have control of the defense or settlement of any such Claim, at its option. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any Sachi Health Party.

14. Disclaimers and Assumption of Risk

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY RESEARCH, INFORMATION, WELLNESS PROGRAM, OR OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUITABLE FOR YOU, OR ERROR-FREE.

WE DO NOT WARRANT THAT ANY WELLNESS PROGRAM, LIFESTYLE CHANGE, OR OTHER USE OF THE SERVICES WILL PRODUCE ANY PARTICULAR OUTCOME OR RESULT. INDIVIDUAL RESULTS MAY VARY. YOUR PARTICIPATION IN ANY WELLNESS PROGRAM IS VOLUNTARY AND SELF-DIRECTED, AND YOU ARE RESPONSIBLE FOR THE LIFESTYLE CHANGES AND OTHER CHOICES YOU MAKE BASED ON INFORMATION PROVIDED THROUGH THE SERVICES. LIFESTYLE CHANGES MAY INVOLVE INHERENT RISKS.

WHILE WE TAKE MEASURES DESIGNED TO PROTECT THE SERVICES, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SACHI HEALTH AND THE OTHER SACHI HEALTH PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF SACHI HEALTH OR THE OTHER SACHI HEALTH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF SACHI HEALTH AND THE OTHER SACHI HEALTH PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF SACHI HEALTH OR THE OTHER SACHI HEALTH PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. This Section explains how you and Sachi Health will resolve disputes. Except where prohibited by applicable law, it requires you and Sachi Health to resolve most disputes through binding individual arbitration instead of in court before a judge or jury. It also includes a waiver of class action rights and a waiver of the right to a jury trial. These dispute resolution terms apply to all claims between you and Sachi Health, including claims that arose before or after you accepted any prior version of these Terms. These Terms evidence a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), including Section 2, governs the interpretation, enforcement, and all proceedings under this Dispute Resolution Section. The FAA and applicable arbitration provider rules will preempt any state law that conflicts with the FAA to the fullest extent permitted by law.

Scope of Arbitration. You and Sachi Health agree to resolve all claims through binding individual arbitration, except for (1) intellectual property (“IP”) Claims and (2) claims that may be brought in small claims court. IP Claims are claims relating to patents, copyrights, trademarks, trade secrets, or moral rights, and requests for injunctive or equitable relief for alleged unlawful use or infringement of such rights. IP Claims do not include privacy or publicity claims. Claims that are not IP Claims but are filed together with IP Claims will be resolved by arbitration. Either party may bring an individual claim in small claims court, so long as it remains in small claims court, is not removed or appealed to a court of general jurisdiction, and proceeds only on an individual, non-class, non-representative basis. Whether a claim falls within a small claims court’s jurisdictional limits is for that court to decide in the first instance.

Pre-Arbitration Process. Before you or Sachi Health may file an arbitration demand or bring a claim in small claims court, the claiming party must first send the other party a written Pre-Arbitration Notice (“Notice”). Good-faith, informal efforts to resolve claims often produce a faster, lower-cost, and mutually beneficial result. A Notice is “complete” only when it includes all of the following: (1) the claiming party’s full name, mailing address, email address associated with their Sachi Health account, and state of residence; (2) the name and contact information of the claiming party’s attorney, if the claiming party is represented by counsel; (3) a clear description of the nature and basis of the claim, including the relevant facts giving rise to it; (4) a description of the specific relief sought, including any damages and a detailed calculation of those damages; and (5) a statement personally signed by the claiming party, and not solely by their attorney, verifying under penalty of perjury that the contents of the Notice are true and accurate.

The Notice must concern only one party’s claim.

Your Notice to Sachi Health must be sent via email to security@sachi-health.com. Sachi Health’s Notice to you will be sent to the email address currently associated with your account.

After the receiving party gets a complete Notice, both parties will work in good faith to resolve the dispute for 60 days from the date the complete Notice is received (“Resolution Period”). The Resolution Period may be extended by written agreement of the parties. During the Resolution Period, either party may request an individualized settlement conference by phone or video. Both parties must personally attend the conference, with counsel for both parties, if represented, invited to attend. A party who cannot attend by video may attend by phone upon a showing of good cause. The parties will cooperate to schedule the conference at the earliest mutually convenient time, which may fall after the 60-day period if the parties agree.

If the dispute is not resolved by the end of the Resolution Period, or any agreed extension, either party may commence arbitration, file in small claims court, or pursue any other course permitted by these Terms.

Completing the Notice and Resolution Period steps described above is required before commencing any arbitration or small claims court proceeding. Any demand for arbitration or small claims petition must therefore be accompanied by (1) a written certification that the filing party has completed the Notice and Resolution Period steps and (2) the personal signature of the filing party, and their counsel if represented, on both the demand and the certification.

If there is a question about whether the Notice was sufficient or whether the Resolution Period steps were completed, either party may raise that issue with a court of competent jurisdiction, and any pending arbitration will be stayed. The court has authority to enforce this required first step, including the power to enjoin the filing, prosecution, or administration of any arbitration filed without completing this process, enjoin the assessment, collection, or invoicing of arbitration fees for any such filing, and award damages for non-compliance.

Unless prohibited by law, the arbitration administrator may not accept, administer, assess, or invoice fees for an arbitration commenced without proof of completion of this process. If an arbitration has already been filed without compliance, it must be administratively closed.

All applicable limitations periods, including statutes of limitation, and filing fee deadlines are tolled from the date a complete Notice is received by the other party until the earlier of (a) the conclusion of the Resolution Period steps, including any agreed extension, or (b) the date the dispute is resolved, withdrawn, or the filing party commences an arbitration or small claims proceeding after the Resolution Period ends. During any agreed extension of the Resolution Period, tolling continues.

Either party may ask a court for a temporary restraining order or preliminary injunction while the Resolution Period is ongoing, but that party may do so only if waiting would cause irreparable harm. A court’s authority under this paragraph is strictly limited to granting temporary relief to support the arbitration, small claims, or other judicial process. The court may not decide the merits of the dispute.

Arbitration. Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, its Supplemental Rules for Mass Arbitration Filings, as modified by these Terms. If NAM is unavailable or unwilling to administer the arbitration consistent with these Terms, the arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. If neither NAM nor AAA is available, you and Sachi Health will either agree on a new arbitration administrator or, if you cannot agree, petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the proceeding consistent with these Terms.

The party starting the arbitration must include all of the following with their demand for arbitration: (1) written certification that the filing party has completed the Pre-Arbitration Process described above, (2) a copy of the Notice previously sent to the other party, (3) a statement that the filing party is bound by these Terms and this Dispute Resolution Section, and (4) personal signatures of the filing party and their counsel, if represented, on both the arbitration demand and the certification. If an arbitration demand does not include all of the above, the arbitration administrator must not accept, administer, or assess fees in connection with that demand, and any such filing will be dismissed without prejudice to refiling after the deficiency is cured.

A court of competent jurisdiction has exclusive authority to decide (1) whether this Dispute Resolution Section is valid, enforceable, or applicable to a particular dispute, (2) whether a dispute can or must be brought in arbitration, (3) whether the Pre-Arbitration Process was satisfied, (4) whether to enjoin the filing, prosecution, or administration of an arbitration or the assessment of arbitration fees, (5) whether claims are “similar” for purposes of triggering the Mass Arbitration procedures below, and (6) any issues specifically reserved for a court elsewhere in these Terms. The arbitrator decides all other issues, including the merits of any properly filed claim, after the Pre-Arbitration Process has been completed. The arbitrator does not have authority to revisit the court’s gateway determinations.

Unless you and Sachi Health agree otherwise, or the applicable arbitration rules dictate otherwise, any arbitration hearing involving a claim seeking no more than $15,000 will be held by videoconference, with both parties having the option to attend the hearing live. All other hearings will take place in the county or parish of your residence. You and a Sachi Health representative must attend any videoconference or in-person arbitration.

At the conclusion of the arbitration, the arbitrator must issue a reasoned written decision that explains the essential findings and conclusions supporting or rejecting any award. The arbitrator’s decision is binding only on the parties to that arbitration and has no precedential effect in any other proceeding involving a different party. An award that has been fully satisfied may not be entered in any court.

By signing and filing an arbitration demand or any submission in the arbitration, each party and their counsel, if represented, certify that, to the best of their knowledge, information, and belief formed after an inquiry reasonable under the circumstances, (1) the filing is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator is authorized to impose any sanctions available under the arbitration rules, applicable federal or state law, or standards analogous to Federal Rule of Civil Procedure 11. Sanctions may include an award of the opposing party’s reasonable attorneys’ fees, costs, and expenses and reallocation of arbitration fees. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, consistent with applicable law.

Arbitration Fees. The payment of arbitration fees will be governed by the applicable arbitration rules and applicable law. You and Sachi Health agree that arbitration should be cost effective for all parties and that any party may engage with the arbitration administrator to address the reduction or deferral of fees.

Confidentiality. Except as required by law, all non-public, proprietary, or confidential information exchanged in connection with an arbitration, including the existence of the arbitration, submissions, evidence, and any award, must be kept confidential and may be used only for purposes of the arbitration or any proceeding to confirm, enforce, or challenge the award. If disclosure is required by law, the disclosing party will, to the extent allowed, seek confidential treatment and limit disclosure to the minimum necessary. The foregoing confidentiality obligations are subject to the limited exception set forth in the Mass Arbitration section below.

Offer of Settlement. In any arbitration, the defending party may make a written settlement offer at any time before the arbitrator issues a decision. If the party bringing the claim rejects the settlement offer within 7 days after receiving it and does not obtain a more favorable result in the arbitration, the party bringing the claim must pay the defending party’s costs incurred after the offer was received, including arbitration fees, to the extent permitted by applicable law. The fact and terms of the settlement offer may not be disclosed to the arbitrator until after the arbitrator issues a decision.

Individual Claims. The arbitrator may award 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SACHI HEALTH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Sachi Health agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding.

Notwithstanding the foregoing, and only to the extent required by applicable law, if a claim is asserted that includes a request for public injunctive relief, the parties agree that all issues other than the request for public injunctive relief will be resolved in arbitration first, unless the claim is not subject to arbitration or is properly brought in small claims court. Following the issuance of any final award on the arbitrable claims, any request for public injunctive relief will be decided by a court of competent jurisdiction, to the extent required by applicable law.

Similarly, if, after all appeals have been exhausted or the decision is otherwise final, a court determines that any prohibition on non-individualized relief or class, collective, consolidated, or representative proceedings is unenforceable with respect to a particular claim or request for relief, then (1) that claim or request for relief will be severed and may proceed in a court of competent jurisdiction; (2) all other claims that remain subject to arbitration on an individual basis must be arbitrated first, and the court proceedings on the non-arbitrable claims will be stayed pending completion of that arbitration; (3) any portion of the class or representative waiver that is enforceable will continue to be enforced in arbitration; and (4) the court will be bound by the arbitrator’s findings of fact and conclusions of law to the fullest extent permitted by law.

You agree that any arbitrations between you and Sachi Health will be subject to this Dispute Resolution Section and not to any prior arbitration agreement you had with Sachi Health, and, notwithstanding any provision in these Terms to the contrary, you agree that this Dispute Resolution Section amends any prior arbitration agreement you had with Sachi Health, including with respect to claims that arose before this or any prior arbitration agreement.

Mass Arbitration. If, at any time, 25 or more claimants submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities (“Mass Arbitration”), then you and Sachi Health agree that the additional procedures set forth below apply. Claims are “similar” if they arise from the same or substantially similar facts, transactions, or legal theories, even if the claimants allege different individual damages. The parties agree that throughout this process, their counsel will meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration proceeding. The parties acknowledge that participation in a Mass Arbitration proceeding may delay adjudication of individual claims but agree that reasonable efforts will be made to minimize delays. Any applicable limitations period and filing fee deadlines will be tolled beginning when the Notice and Pre-Arbitration Process are initiated, so long as the Notice complies with this Dispute Resolution Section, until a claim is selected to proceed as part of the staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One. Counsel for the parties will each select 10 claims per side, 20 claims total, to be filed and proceed in individual arbitrations as part of a staged process. Each individual arbitration will be assigned to a different, single arbitrator unless the parties otherwise agree in writing. The outcomes and rulings of the Stage One arbitrations will have no precedential or binding effect on any remaining claims. Any remaining claims will not be filed or deemed filed in arbitration, and arbitration fees may not be assessed in connection with those claims unless and until they are selected to proceed as part of the staged process.

Stage Two. After the Stage One arbitrations are completed, or sooner if the parties agree in writing, the remaining parties must engage in a single global mediation of all remaining claims, with the mediator’s fee paid by Sachi Health. The parties must agree on a mediator within 30 days after conclusion of the last Stage One arbitration. If the parties cannot agree, the arbitration administrator will appoint a mediator. The parties will cooperate to schedule the mediation as quickly as practicable.

Stage Three. If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Dispute Resolution Section will no longer apply to any party with a claim for which a timely and complete Notice was submitted and who completed the Pre-Arbitration Process. Any such party with an unresolved claim may pursue that claim in court rather than arbitration, individually or as part of a joint or consolidated action to the fullest extent permitted by applicable law.

A court of competent jurisdiction has authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the mass arbitration, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to a claim and a court determines they are unenforceable as to that claim, then that claim will proceed in a court of competent jurisdiction otherwise consistent with these Terms.

Opt Out. You may opt out of the arbitration requirements of this Dispute Resolution Section by sending written notice of your decision to opt out to security@sachi-health.com within 30 days of first agreeing to these Terms. The notice must include (1) your name, (2) your contact information, including email address, mailing address, and telephone number, and (3) a statement that you wish to opt out of the requirement to arbitrate and instead agree to resolve claims in court. If you do not timely opt out, you agree to be bound by this Dispute Resolution Section’s arbitration requirements. If you opt out, the opt-out applies only to this Dispute Resolution Section’s arbitration requirements and does not affect any other provision of these Terms, including the class action waiver and jury trial waiver, which remain in effect to the fullest extent permitted by law.

Severability. If any portion of this Dispute Resolution Section is found to be unenforceable or unlawful for any reason, except as specifically provided above regarding class or representative waiver severability, then (1) the unenforceable provision will be severed from these Terms; (2) severance will not affect the remainder of this Dispute Resolution Section or the parties’ ability to compel arbitration of remaining claims on an individual basis; (3) to the extent any claims must proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction, not in arbitration, and litigation of those claims will be stayed pending the outcome of any individual claims in arbitration; and (4) if this specific severability paragraph is found unenforceable, the entirety of the arbitration provision, except for the Pre-Arbitration Process, will be null and void.

This Dispute Resolution Section will survive the termination of these Terms and your relationship with Sachi Health.

17. Class Action Waiver and Jury Trial Waiver

You and Sachi Health agree that, to the fullest extent permitted by law, (1) each party may bring claims against the other only in their individual capacity, not as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding, whether in court or in arbitration; (2) neither party may bring a claim on behalf of a class or group, or on behalf of any other person; (3) neither party may participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by a third party, except that you and Sachi Health may participate in a class-wide settlement; and (4) both parties waive the right to a jury trial.

This class action waiver is intended to be enforceable to the fullest extent permitted by law, regardless of the enforceability of the arbitration provision itself. The jury trial waiver remains in effect even if the arbitration provision is found unenforceable. If this waiver is found unenforceable for a particular claim, that claim shall proceed in court after all arbitrable claims are resolved in arbitration. This Class Action Waiver and Jury Trial Waiver will survive the termination of these Terms and your relationship with Sachi Health.

18. Governing Law and Venue

Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in New York County, New York, and you and Sachi Health consent to the personal jurisdiction and venue of those courts.

19. Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. We may add, change, or remove features and may offer certain features in an early-access, beta, or similar state. Such features may contain errors or incomplete functionality and may be modified or discontinued at any time. Although we take measures designed to preserve information stored through the Services, data loss may occur.

You have the right to stop using our Services at any time and may request deletion of your account as described in our Privacy Policy. We may suspend or terminate your access to the Services if you violate these Terms or if suspension or termination is reasonably necessary to protect Sachi Health, our users, or the Services. Where reasonably practicable, we will provide notice before terminating your account and an opportunity to request your data.

If we discontinue the Services, we will make reasonable efforts to provide advance notice and an opportunity to request your data before it is deleted, subject to applicable law and our Privacy Policy.

We are not responsible for any loss or harm related to your inability to access or use our Services to the fullest extent permitted by applicable law.

20. Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

21. Electronic Communications

When you use the Services or send emails, messages, or other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically, including by email and through the Services. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

22. Contact Us

If you have any questions about these Terms or the Services, including technical support inquiries, please contact us at:

Sachi Health Inc.

Email: security@sachi-health.com

Website: sachi-health.com

23. Additional Terms Applicable to the Mobile Application

The following terms apply to your download, installation, access to, and use of the App.

Subject to these Terms, Sachi Health grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, install, and use the App for your personal, noncommercial use on an Apple-branded device that you own or control, as permitted by Apple’s applicable usage rules and these Terms. You may not copy, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part of the App, except to the extent such restriction is prohibited by applicable law or permitted by the licensing terms governing any open-source components included in the App.

We may from time to time develop and provide updates to the App, including upgrades, bug fixes, patches, error corrections, and new features (“Updates”). Updates may modify or remove certain features or functionality. We have no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality. All Updates are part of the App and subject to these Terms.

24. Apple Terms. The following additional terms apply to the App:

25. Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of our Services.

Sections 4 (Your Content and Data), 7 (Ownership; Limited License), 8 (Trademarks), 9 (Feedback), 11 (Repeat Infringer Policy; Copyright Complaints), 12 (Third-Party Content and Services), 13 (Indemnification), 14 (Disclaimers and Assumption of Risk), 15 (Limitation of Liability), 16 (Dispute Resolution), 17 (Class Action Waiver and Jury Trial Waiver), 18 (Governing Law and Venue), 23 (Additional Terms Applicable to the Mobile Application), this Section 24 (Miscellaneous), and any other provisions that by their nature survive, will survive any termination of these Terms.

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity, except as expressly provided in Section 23 with respect to Apple and its subsidiaries.

These Terms may not be transferred, assigned, or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment, or delegation without such consent will be void and without effect. We may freely transfer, assign, or delegate these Terms or our Services, in whole or in part, without your prior written consent.