Terms, in plain words.

1. Who we are and who is contracting with you

Amaranth Health (“Amaranth,” “we,” “us”) is a pre-launch health-technology project. As of the Effective Date, the project is operated by its founders and has not yet been represented in these Terms as an incorporated company.

In these Terms, the “Amaranth Parties” means Amaranth; the contracting person or entity identified above; any successor Amaranth entity; and each of their current and former founders, owners, officers, directors, employees, contractors, advisers, agents, licensors, service providers, insurers, financing sources, successors, and permitted assigns, but only to the extent the applicable provision lawfully protects that person or entity.

2. What these Terms cover

These Terms govern your access to and use of:

1. the website at amaranth.health and any page that links to these Terms (the “Site”);
2. the pre-launch waitlist and related forms, surveys, and email communications;
3. informational material, graphics, text, concepts, demonstrations, newsletters, and other content made available through the Site (the “Content”); and
4. any other pre-launch interaction that expressly incorporates these Terms.

The Site, Content, waitlist, and covered communications are collectively the “Services” for purposes of these Terms.

These Terms do not govern any future Amaranth Health application, AI or voice companion, connected device, wellness device, medical device, hardware, subscription, clinical study, research program, beta test, pilot, purchase, telehealth service, or account-based product unless the applicable product materials expressly state that these Terms apply. Before any such offering launches, Amaranth expects to provide additional or replacement terms, safety information, product-specific privacy notices, consent forms, warranties, instructions, eligibility rules, and regulatory disclosures as appropriate.

3. Acceptance of these Terms

By accessing or using the Services, submitting a waitlist form, selecting a box that states you agree to these Terms, or otherwise manifesting assent in a manner presented to you, you agree to be bound by these Terms and acknowledge the Privacy Policy.

You represent that:

• you have read and understood these Terms;
• you are legally able to enter into a binding agreement;
• you are at least 18 years old;
• you are using the Services for yourself, not on behalf of another person, unless you have lawful authority and the form expressly permits representative use; and
• if you use the Services on behalf of an organization, you have authority to bind that organization, in which case “you” includes both you and that organization.

If you do not agree, do not use the Services or submit a waitlist form.

The Privacy Policy is a separate notice describing how Amaranth processes personal information. Your acknowledgment of the Privacy Policy does not transform it into a contractual warranty beyond what applicable law requires. Any consent requested under the Privacy Policy is separate from acceptance of these Terms when law requires separate consent.

4. Electronic records, signatures, and communications

You consent to transact with Amaranth electronically and to receive records, notices, disclosures, and communications relating to the Services electronically, including by email and through the Site, except where applicable law requires another method.

Your click, checkbox selection, typed submission, or other electronic act may constitute your electronic signature and have the same legal effect as a handwritten signature to the extent permitted by law. You are responsible for retaining a copy of these Terms and any communication important to you.

You may withdraw consent to receive marketing email at any time using the unsubscribe link or by contacting hello@amaranth.health. Withdrawing marketing consent does not prevent Amaranth from sending a response to your request, a privacy-rights communication, a legal notice, or another non-promotional message permitted by law.

Amaranth does not request consent through these Terms to send marketing text messages, place automated or prerecorded calls, or contact a person whose details you supplied without that person’s direct consent.

5. Eligibility and adult-only use

The Services are intended only for individuals who are at least 18 years old. They are not directed to children or minors. You may not use the Services if:

• you are under 18;
• applicable law prohibits you from receiving or using the Services;
• you lack legal capacity to agree and are not acting through a legally authorized arrangement expressly supported by Amaranth; or
• Amaranth has previously suspended or prohibited your use for a lawful reason.

A caregiver, family member, clinician, researcher, investor, or other professional may join the waitlist using that person’s own contact information. Selecting a role does not create professional status, verify credentials, establish authority over another person, or authorize submission of another person’s health or contact information.

6. Pre-launch nature of the Services

Amaranth is exploring concepts in intimate health and wellness. The Services are designed to provide general information and gauge interest. They are not an offer to sell a product, a product preorder, a reservation, a deposit, a crowdfunding campaign, a securities offering, or a promise of access.

Without limiting the foregoing:

• descriptions, illustrations, names, prototypes, industrial designs, proposed devices, proposed AI functions, proposed voice functions, specifications, safety features, benefits, use cases, interoperability, compatibility, timelines, regulatory pathways, pricing, subscriptions, launch markets, and availability are preliminary and subject to change;
• the Site may describe an intended design goal, not a completed or verified capability;
• Amaranth may discontinue, rename, combine, redesign, delay, limit, or decline to launch any concept at any time;
• joining the waitlist does not create a queue position, priority right, entitlement, option, ownership interest, license, warranty, contract to purchase, or obligation for Amaranth to contact you;
• any invitation to a survey, interview, prototype, pilot, beta, early-access program, or launch will be discretionary and may be subject to separate screening, eligibility criteria, geography, capacity, terms, consent, and safety requirements; and
• Amaranth may cap, prioritize, randomize, segment, pause, or close the waitlist for legitimate operational, research, safety, legal, or product-development reasons, subject to applicable anti-discrimination law.

Do not make purchasing, investment, medical, caregiving, retirement, insurance, employment, or other material decisions in reliance on a proposed feature, date, or product described on the Site.

7. No medical advice, diagnosis, treatment, or clinical relationship

The Services are for general informational and pre-launch engagement purposes only. They do not provide and are not a substitute for:

• medical advice, diagnosis, treatment, prescribing, monitoring, triage, screening, rehabilitation, psychotherapy, counseling, sex therapy, nursing, emergency response, caregiving, or other professional health services;
• an examination, individualized assessment, clinician judgment, informed consent to treatment, or a patient-specific care plan;
• advice from a physician, nurse, pharmacist, therapist, psychologist, sex therapist, pelvic-floor professional, emergency responder, or other qualified professional; or
• instructions, labeling, safety warnings, or professional supervision for a product that may later be offered.

No clinician-patient, therapist-client, pharmacist-patient, fiduciary, confidential professional, caregiving, or other special relationship is created by visiting the Site, joining the waitlist, selecting “clinician or researcher,” emailing Amaranth, or receiving a reply.

Do not disregard professional advice, delay seeking care, stop or change a medication, begin or stop treatment, or use a device because of anything on the Site. Questions about symptoms, diagnoses, medications, contraindications, pain, bleeding, infection, pregnancy, sexual function, cognition, capacity, mobility, implanted devices, recent surgery, or other health matters should be directed to an appropriately qualified professional who knows your circumstances.

8. No emergencies, monitoring, crisis response, or duty to review submissions

The Services are not an emergency service, monitoring service, alert system, crisis line, safeguarding service, or channel for time-sensitive health or safety communications.

Do not submit an emergency, symptom report, safety concern, abuse allegation, suicidal thought, medication issue, device incident, or request for immediate help through the waitlist, an optional note, a survey, or a general email address. Amaranth does not promise that any person will read a submission within a particular period — or at all — and has no duty created by these Terms to monitor, interpret, escalate, respond to, or act on a submission.

For an emergency or immediate danger, contact the emergency services available in your location. For urgent medical concerns, contact a qualified professional or local urgent-care resource. For concerns about abuse, exploitation, or a vulnerable adult, contact the appropriate local safeguarding or emergency authority.

If Amaranth happens to see content suggesting immediate and serious harm, it may take steps it reasonably considers appropriate, including contacting you, a service provider, or authorities where lawful, but it does not assume a contractual duty to do so and cannot guarantee that intervention will be possible or effective.

9. No regulated-product representation

Unless a specific future product page expressly states otherwise and provides supporting regulatory information, nothing on the Site represents that a proposed product:

• is a medical device, has received clearance, approval, authorization, certification, or registration from the U.S. Food and Drug Administration or another regulator;
• is intended to diagnose, treat, cure, mitigate, prevent, or monitor a disease or medical condition;
• is clinically validated, clinically proven, medically necessary, reimbursable, prescribed, or suitable for a particular person;
• complies with a specific medical-device, electrical, accessibility, cybersecurity, clinical, consumer-product, or health-care standard; or
• is available lawfully in a particular country or for a particular use.

Terms such as “health,” “wellness,” “companion,” “support,” “training,” “comfort,” “private,” “personal,” “medically grounded,” or similar language must be read in the specific context in which they appear and are not, standing alone, a regulatory claim or guarantee.

10. No HIPAA relationship or business-associate agreement

Amaranth does not represent that the Site or waitlist is operated for or on behalf of a health plan, health-care clearinghouse, or health-care provider conducting covered transactions, or that the Site is a HIPAA-compliant channel for protected health information.

A clinician, researcher, institution, employer, insurer, or other organization must not submit protected health information, clinical records, study data, identifiable patient information, or regulated institutional data through the Site or waitlist. No business-associate agreement, data-use agreement, research agreement, clinical-trial agreement, institutional review board approval, or other regulated-data arrangement is created by these Terms or by Amaranth’s receipt of an unsolicited submission.

If Amaranth later supports a regulated use, the parties must first execute any required written agreement and use the designated system and procedures. A general email exchange is not such an agreement.

11. No investment, securities, tax, or legal advice

The Site may discuss a developing company, market, product category, mission, or future plans. Nothing on the Site is:

• an offer to sell or solicitation to buy a security, token, ownership interest, debt instrument, investment contract, or financial product;
• a prospectus, private-placement memorandum, crowdfunding disclosure, projection on which an investor should rely, or guarantee of financing or commercial success;
• investment, accounting, tax, insurance, pension, retirement, or legal advice; or
• a promise that a founder, company, intellectual-property right, product, market, or financing will have a particular value.

Prospective investors and commercial partners must rely only on definitive written transaction documents signed by authorized parties and on their own professional advisers and diligence. Website statements may be forward-looking, preliminary, incomplete, or superseded without notice.

12. Accuracy of information and no reliance

Amaranth seeks to present useful information but does not promise that the Services are complete, current, accurate, error-free, secure, uninterrupted, accessible, or suitable for your purpose. Content may contain typographical, technical, editorial, or factual errors. Images may be conceptual renderings. Third-party references may become outdated.

Amaranth may correct, update, withdraw, or change Content at any time without an obligation to preserve an earlier version, except that it will handle changes to privacy notices and binding terms as stated in those documents and applicable law.

You are responsible for independently evaluating information before relying on it. No oral statement, informal message, social-media post, demonstration, founder comment, survey question, or email creates a warranty or commitment unless contained in a definitive written agreement signed by an authorized Amaranth representative.

13. Waitlist registration and information you submit

When joining the waitlist, you agree to:

• provide an email address you control and accurate information to the best of your knowledge;
• select a role or interest only as it truthfully applies to you;
• submit information about yourself, not another person, unless Amaranth expressly requests and law permits representative information;
• avoid medical records, diagnoses, test results, prescriptions, government identifiers, payment details, credentials, passwords, intimate images, precise location, information about a minor, confidential employer or research information, or anything you are not authorized to disclose;
• keep the confirmation or unsubscribe mechanism private and not use another person’s link; and
• promptly correct material inaccuracies or request deletion if you submitted something by mistake.

You understand that an optional note is not a confidential professional communication and is not designed for sensitive detail. Amaranth may delete, redact, quarantine, or decline to review a note that appears unnecessary, unlawful, unsafe, malicious, or outside the waitlist’s purpose.

Amaranth may use reasonable technical controls to prevent duplicate, automated, abusive, or fraudulent submissions. It may reject or remove a submission if it reasonably believes the submission violates these Terms, threatens security, creates legal risk, or was not made by the email address owner.

14. Privacy

Amaranth’s Privacy Policy explains the personal information it collects through the current Site, why it uses that information, the service providers involved, retention, security practices, international transfers, and available rights. The Privacy Policy is incorporated here by reference only to identify the applicable notice; it is not intended to waive any right or remedy that cannot lawfully be waived.

Where these Terms and the Privacy Policy address the same subject:

• the Privacy Policy controls Amaranth’s handling of personal information;
• these Terms control ownership and permitted use of non-personal submissions and feedback;
• a separate, specific consent controls the processing covered by that consent; and
• mandatory privacy law controls over both.

Do not use the Services unless you have reviewed the Privacy Policy and are comfortable with the described practices.

15. Ownership of the Site and Content

As between you and Amaranth, the Services and Content — including their selection, arrangement, design, text, graphics, illustrations, interfaces, visual identity, logos, names, slogans, concepts expressed in protectable form, software, code, databases, and documentation — are owned by or licensed to Amaranth and are protected by copyright, trademark, trade-dress, patent, design-right, database-right, trade-secret, unfair-competition, and other laws.

Amaranth, Amaranth Health, associated logos, and names of proposed products or features may be trademarks or source identifiers of Amaranth or its licensors. No license to use a trademark is granted by access to the Site. You may not remove, obscure, alter, or imitate a copyright, trademark, proprietary, authorship, or attribution notice.

No right is granted by implication, estoppel, exhaustion, or otherwise except the limited permission expressly stated in Section 16. All rights not expressly granted are reserved.

16. Limited permission to use the Site

Subject to these Terms, Amaranth grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable permission to access and use the Site and Content for your own lawful, non-commercial evaluation of Amaranth Health and participation in the waitlist.

You may print or save a reasonable number of copies of public pages for personal reference, provided you keep proprietary notices intact and do not modify, publish, sell, exploit, or imply endorsement.

This permission automatically ends when you violate these Terms or when Amaranth terminates it. Termination does not require Amaranth to delete information it must retain by law or to honor an unsubscribe or suppression request.

17. Prohibited conduct

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

1. use the Services for an unlawful, fraudulent, deceptive, abusive, harassing, discriminatory, exploitative, or harmful purpose;
2. submit information about another person without lawful authority, or falsely claim to be that person;
3. submit information concerning a minor, patient, study participant, client, employee, dependent, or vulnerable adult when the form does not expressly permit it;
4. impersonate a person or organization, misrepresent affiliation, credentials, authority, identity, consent, age, or source of a submission;
5. interfere with, disrupt, damage, overload, degrade, disable, or attempt unauthorized access to the Site, network, database, provider account, form, inbox, or another system;
6. bypass or defeat authentication, rate limits, robots instructions, access controls, usage restrictions, security features, or technical protections;
7. introduce malware, ransomware, spyware, malicious code, destructive instructions, corrupted data, denial-of-service traffic, or a harmful payload;
8. scan, probe, penetrate, test, benchmark, or assess security without Amaranth’s prior written authorization and compliance with the authorized scope;
9. scrape, crawl, spider, harvest, index, copy, mirror, frame, cache, or systematically extract Content or data by automated means except as expressly allowed by a written agreement or a generally available search-engine instruction;
10. use a bot, script, automation, synthetic identity, disposable-address scheme, or coordinated campaign to submit forms, inflate demand, manipulate analytics, reserve access, or burden systems;
11. reverse engineer, decompile, disassemble, decode, derive source code from, translate, adapt, or attempt to discover the underlying components of the Services except to the limited extent a non-waivable law expressly permits;
12. create a derivative work, competing database, model, service, product, training corpus, benchmark, or commercial analysis from the Services or Content without written permission;
13. use the Services or Content to train, fine-tune, ground, evaluate, or improve a machine-learning or artificial-intelligence model without written permission;
14. remove watermarks, provenance information, notices, security metadata, or access restrictions;
15. copy or use Content in a manner likely to confuse people about source, sponsorship, affiliation, endorsement, regulatory status, or product availability;
16. resell, sublicense, rent, lease, distribute, syndicate, monetize, or commercially exploit access to the Services;
17. submit content that infringes intellectual property, privacy, publicity, confidentiality, contractual, database, or other rights;
18. submit trade secrets or confidential information belonging to an employer, client, research institution, health-care organization, or another third party;
19. send spam, chain letters, unauthorized marketing, phishing content, or requests that Amaranth contact another person;
20. use the Services to develop or market a product in a manner that violates export controls, sanctions, consumer-protection, health, medical-device, product-safety, advertising, or other law;
21. falsely report a security incident, legal violation, privacy request, intellectual-property claim, or emergency;
22. evade a suspension or restriction by using another address, identity, device, or intermediary; or
23. use the Services in any way that Amaranth reasonably determines threatens the security, integrity, availability, lawful operation, reputation, or rights of the Services, Amaranth Parties, users, or third parties, provided this catch-all is applied consistently with mandatory law.

A general invitation to report security concerns is not authorization to conduct testing. Security researchers must first request written scope from hello@amaranth.health.

18. Your submissions: ownership, permission, and responsibility

In these Terms, “Submission” means information, text, feedback, suggestions, responses, or other material you voluntarily provide through the Site, waitlist, survey, or related communication. It does not include information Amaranth collected automatically, and personal information remains subject to the Privacy Policy.

18.1 You retain ownership of your original content

As between you and Amaranth, you retain any ownership you have in original content included in a Submission. You represent and warrant that:

• you own the Submission or have all rights and permissions required to provide it;
• providing and allowing the uses described in these Terms does not violate law, confidentiality, a contract, or another person’s rights;
• the Submission is not knowingly false, defamatory, malicious, infringing, or unlawful; and
• you have not included information these Terms tell you not to submit.

18.2 Limited operational license

You grant Amaranth a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, secure, format, review, analyze, summarize, redact, and otherwise use the Submission only as reasonably necessary to:

• administer the waitlist and communications you requested;
• respond to you;
• secure and operate the Services;
• understand demand and develop Amaranth Health;
• comply with law and enforce these Terms; and
• create aggregated or de-identified insights in accordance with the Privacy Policy.

This operational license lasts only as long as reasonably necessary for those purposes, subject to legal retention and the treatment of de-identified information. It does not authorize public attribution of a private waitlist note or sale of your personal information.

18.3 Feedback and ideas

If you voluntarily provide an idea, improvement, feature request, concept, method, design suggestion, business suggestion, naming idea, or other feedback about Amaranth or a proposed product (“Feedback”), you understand that Amaranth may already be developing the same or a similar idea and cannot agree to receive unsolicited ideas in confidence.

To the extent permitted by law, you grant Amaranth an irrevocable, perpetual, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, adapt, modify, create derivative works from, commercialize, disclose, distribute, make, have made, offer, sell, import, and otherwise exploit the Feedback for any lawful purpose, without attribution or compensation. To the extent a license is legally insufficient to permit those uses, you assign to Amaranth all transferable rights in the Feedback and agree to execute reasonable documents confirming the assignment, with Amaranth bearing its reasonable out-of-pocket documentation costs.

This Feedback provision does not transfer your personal information as such, does not authorize Amaranth to identify you publicly, and does not override a non-waivable privacy right. Do not send patentable, proprietary, confidential, or employer-owned ideas unless a separate written agreement signed by Amaranth governs them.

18.4 No obligation to use or preserve a Submission

Except as the Privacy Policy or law requires, Amaranth has no obligation to use, publish, develop, acknowledge, compensate, return, preserve, or respond to a Submission. Amaranth may remove or decline to consider content at any time.

19. Third-party services, links, and materials

The Services may depend on or link to third-party hosting, database, email, analytics, security, social, publication, scheduling, research, payment, app-store, or other services. A link does not mean Amaranth controls, endorses, verifies, sponsors, or assumes responsibility for the third party.

When you leave the Site or interact directly with a third party, that third party’s terms, privacy notice, accessibility, security, availability, fees, and practices apply. Amaranth is not responsible for third-party content, products, acts, omissions, outages, security incidents, or changes, except to the extent mandatory law makes Amaranth responsible for a provider acting on its behalf.

You should review the third party’s terms before proceeding. Amaranth may remove or change a link at any time.

20. Communications and publicity

20.1 Amaranth communications

Subject to your choices and applicable law, Amaranth may send email concerning the waitlist, pre-launch development, surveys, invitations, early access, changes to these Terms or the Privacy Policy, security, and administrative matters. Communications may be segmented using the role or optional interest you selected, but Amaranth will not use sensitive interests for third-party advertising.

Delivery is not guaranteed. Messages may be delayed, filtered, routed to spam, rejected, or exposed through your email provider or shared device. You are responsible for using an address and device appropriate for the privacy you want. Amaranth should use discreet subject lines but cannot control how a message is displayed by your provider.

20.2 No public endorsement or case study without permission

Amaranth will not identify you as a customer, participant, clinician, researcher, investor, partner, testimonial source, or endorser solely because you joined the waitlist. Any public testimonial, case study, quotation, logo use, or endorsement requires separate permission and compliance with applicable advertising law.

20.3 Your references to Amaranth

You may accurately state that you joined a public waitlist. You may not claim that you are selected, approved, certified, employed, endorsed, clinically affiliated, commercially partnered, invested, or guaranteed access unless a signed written agreement authorizes the statement.

21. Accessibility, compatibility, and availability

Amaranth aims to improve accessibility and compatibility, but the pre-launch Site may not work with every browser, device, assistive technology, network, security setting, or language. You are responsible for internet access, compatible equipment, and charges imposed by your providers.

Amaranth may suspend, restrict, withdraw, maintain, test, or change any part of the Services at any time. It does not guarantee uptime, response time, data transmission, storage, compatibility, or continued availability. Scheduled and unscheduled maintenance, provider outages, security events, legal requirements, and circumstances outside Amaranth’s control may interrupt access.

Nothing in this Section limits a non-waivable accessibility or consumer right. Accessibility feedback may be sent to hello@amaranth.health.

22. Enforcement, suspension, and termination

Amaranth may investigate suspected misuse and, subject to applicable law, reject a submission, remove content, restrict communications, block technical access, suspend or terminate permission to use the Services, preserve evidence, notify an affected provider, or refer conduct to authorities when it reasonably believes action is necessary to:

• enforce these Terms;
• protect the Services or an Amaranth Party;
• prevent fraud, abuse, infringement, harm, or unlawful activity;
• comply with legal process or provider requirements; or
• address a material operational or security risk.

Amaranth is not obligated to monitor all use or enforce against every violation. A failure to act once is not a waiver.

You may stop using the Services at any time. You may unsubscribe or request deletion as described in the Privacy Policy. Ending use does not cancel obligations or rights that by their nature should survive, including intellectual property, Feedback, disclaimers, limitations, indemnity, dispute resolution, and accrued claims.

23. Changes to the Services and these Terms

Amaranth may change the Services prospectively. It may also update these Terms to reflect changes in law, security, functionality, business structure, providers, or dispute procedures.

For a non-material clarification, Amaranth may post the updated Terms with a new “Last updated” date. For a material change that affects existing users, Amaranth will provide notice reasonably designed to reach them, such as a prominent Site notice or email, before the change takes effect when required. Where law requires renewed assent, Amaranth will request it rather than rely solely on continued use.

A change applies prospectively from its stated effective date and does not retroactively alter a dispute of which Amaranth had actual notice before the change, unless both sides agree or law permits. The arbitration provision may be changed only as stated in Section 31.12.

If you do not accept updated Terms, stop using the Services and do not make a new submission after the effective date.

24. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. YOUR USE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AMARANTH PARTIES DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, INCLUDING WARRANTIES OR CONDITIONS OF:

• MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT;
• ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, AVAILABILITY, ACCESSIBILITY, COMPATIBILITY, SECURITY, PRIVACY, OR ERROR-FREE OPERATION;
• RESULTS, BENEFIT, PERFORMANCE, SAFETY, HEALTH OUTCOME, WELLNESS OUTCOME, CLINICAL VALIDITY, MEDICAL SUITABILITY, PRODUCT LAUNCH, EARLY ACCESS, OR REGULATORY STATUS;
• FREEDOM FROM VIRUSES, MALICIOUS CODE, LOSS, CORRUPTION, UNAUTHORIZED ACCESS, OR INTERRUPTION; AND
• ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR AN ORAL OR WRITTEN STATEMENT NOT EXPRESSLY INCLUDED IN A SIGNED DEFINITIVE AGREEMENT.

NO ADVICE OR INFORMATION OBTAINED FROM AN AMARANTH PARTY OR THROUGH THE SERVICES CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow exclusion of certain warranties. In that event, an exclusion applies only to the fullest extent allowed, and any legally required warranty is limited to the shortest duration and narrowest scope permitted by law. Nothing in these Terms excludes a warranty that cannot lawfully be excluded.

25. Limitation of liability

25.1 Excluded losses

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AMARANTH PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, DATA, USE, OR EXPECTED BENEFIT; COST OF SUBSTITUTE SERVICES; PERSONAL DECISIONS MADE IN RELIANCE ON PRE-LAUNCH INFORMATION; OR DAMAGES ARISING FROM A THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This exclusion applies under any theory, including contract, tort, negligence, strict liability, statute, misrepresentation, restitution, or otherwise, and includes losses associated with:

• inability to access or use the Services;
• an inaccurate, incomplete, delayed, changed, or withdrawn statement;
• a waitlist submission, non-selection, delayed launch, or discontinued concept;
• an email delivery failure, unauthorized email access, or use of a shared device;
• a third-party service, link, outage, act, omission, or security incident;
• deletion, corruption, interception, or unauthorized access to a Submission;
• reliance on Content for health, caregiving, investment, commercial, or other decisions; or
• conduct by another user or third party.

25.2 Aggregate cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL AMARANTH PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, CONTENT, THESE TERMS, OR THE PRIVACY POLICY WILL NOT EXCEED THE GREATER OF: (A) US$100; OR (B) THE AMOUNT YOU ACTUALLY PAID DIRECTLY TO AMARANTH FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY.

Because the waitlist is free, the US$100 amount will ordinarily be the applicable cap. The cap is cumulative, not per incident, claimant, theory, or defendant. Multiple claims do not enlarge it.

25.3 Essential allocation of risk

The warranty disclaimers and limitations are fundamental elements of the allocation of risk between you and Amaranth. They apply even if a limited remedy fails of its essential purpose and regardless of whether damages were foreseeable.

25.4 Non-waivable exceptions

Nothing in these Terms excludes or limits liability to the extent it cannot lawfully be excluded or limited, which may include liability for fraud, fraudulent misrepresentation, intentional misconduct, gross negligence in some jurisdictions, death or personal injury caused by negligence in some jurisdictions, breach of a non-waivable data-protection duty, or a statutory consumer remedy. Where a limitation is unenforceable as written, it will be enforced to the maximum lawful extent rather than discarded entirely.

26. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Amaranth Parties from and against third-party claims, demands, proceedings, investigations, liabilities, judgments, settlements, penalties, fines, damages, losses, and reasonable legal and professional fees arising out of or relating to:

1. your unlawful or unauthorized use of the Services;
2. your material breach of these Terms;
3. a Submission you provided, including a claim that it infringes, misappropriates, or violates another person’s intellectual-property, privacy, publicity, confidentiality, contractual, or other right;
4. your submission of another person’s information without lawful authority;
5. your fraud, willful misconduct, malicious conduct, or violation of law; or
6. a dispute between you and a third party arising from conduct for which you are responsible.

Amaranth will provide reasonably prompt notice of an indemnified claim, subject to no forfeiture except to the extent delay materially prejudices the defense. Amaranth may control the defense and settlement using counsel of its choice, and you will reasonably cooperate. You may not settle a claim in a manner that admits wrongdoing by, imposes a non-monetary obligation on, or fails to fully release an Amaranth Party without Amaranth’s written consent.

This Section does not require you to indemnify an Amaranth Party for that party’s fraud, willful misconduct, or liability that cannot lawfully be shifted to you. It applies to consumers only to the extent permitted by applicable consumer law.

27. Release of third-party and assumption-of-risk claims

To the maximum extent permitted by law, you release the Amaranth Parties from claims arising solely from:

• a third party’s independent act or omission;
• a dispute between you and another user, caregiver, clinician, employer, institution, email provider, or other third party;
• your voluntary disclosure of information outside the Services; or
• your use of third-party content, products, or services after leaving the Site,

except to the extent an Amaranth Party caused the harm or mandatory law imposes responsibility.

You assume the ordinary risks of using an internet service, including transmission delays, phishing, spam filtering, shared-device exposure, inaccurate third-party material, and unauthorized conduct that reasonable security cannot entirely eliminate. This is not an assumption of risks that applicable law does not permit you to assume.

For California residents, the parties intend this release to cover unknown claims within its lawful scope. California Civil Code section 1542 states in substance that a general release does not extend to claims the releasing party does not know or suspect to exist and that, if known, would have materially affected the settlement. To the extent enforceable for the specific released matters above, you waive the protections of section 1542 and analogous law. This waiver does not release claims that these Terms expressly preserve or that cannot be prospectively released.

28. Time limit for claims

To the maximum extent permitted by law, any claim or cause of action arising out of or relating to the Services or these Terms must be filed within one year after the claim accrued; otherwise, it is permanently barred.

This contractual period does not shorten a limitation period that applicable law prohibits the parties from shortening. It is tolled during the mandatory informal-resolution period in Section 30 and during a timely arbitration opt-out decision where applicable.

29. Governing law for threshold issues

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in Section 31 and any question concerning whether a dispute must be arbitrated, to the fullest extent applicable.

Except for the arbitration agreement and without displacing non-waivable consumer protections in your place of residence, these Terms and disputes arising from them are governed by the laws of California, without regard to conflict-of-law rules.

30. Mandatory informal dispute-resolution process

Before either side starts arbitration or a court proceeding other than a request for temporary emergency relief, the claimant must send an individualized written Notice of Dispute and give the other side 60 days to attempt informal resolution.

30.1 Notice to Amaranth

A Notice to Amaranth must be sent by email to legal@amaranth.health, Attn: Legal Notice.

30.2 Required content

The Notice must include:

• the claimant’s full name and email address associated with the interaction;
• enough information to identify the transaction, submission, or event;
• a detailed description of the facts and legal basis of each claim;
• the specific relief sought and a good-faith calculation of any monetary demand;
• the claimant’s handwritten or verified electronic signature; and
• if represented, the representative’s name, contact information, proof of authorization, and confirmation that the claimant personally reviewed and approved the Notice.

Amaranth’s Notice to you may be sent to the email address you provided and will contain comparable information.

30.3 Individual conference

During the 60-day period, either side may request an individualized telephone or video settlement conference. The claimant and an Amaranth representative with settlement authority must personally participate; counsel may also attend. Separate claimants must have separate conferences unless all parties agree otherwise.

30.4 Condition precedent and tolling

The Notice and conference requirements are conditions precedent to arbitration or litigation. A court or arbitrator may enjoin or dismiss a filing made before substantial compliance. Applicable limitation periods and filing deadlines are tolled from receipt of a compliant Notice until 60 days later, or until completion of a requested conference, whichever is later.

The parties may agree in writing to extend or waive this process for a particular dispute.

31. Binding individual arbitration agreement and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND LIMITS THE MANNER IN WHICH RELIEF MAY BE SOUGHT. YOU MAY OPT OUT AS DESCRIBED IN SECTION 31.10.

31.1 Agreement to arbitrate

Except for the excluded matters in Section 31.3, you and Amaranth agree that every dispute, claim, or controversy between you and an Amaranth Party arising out of or relating to the Services, Content, waitlist, communications, a Submission, the Privacy Policy, these Terms, their formation, validity, interpretation, breach, enforcement, or termination will be resolved by binding individual arbitration.

This agreement is intended to be interpreted broadly and includes claims based in contract, tort, negligence, statute, regulation, common law, fraud, misrepresentation, privacy, consumer protection, constitutional law, equity, or any other theory; claims that arose before acceptance; and claims that arise after termination.

31.2 Who decides arbitrability

The arbitrator, and not a court, will decide disputes concerning the interpretation, applicability, enforceability, formation, or scope of this arbitration agreement, including a contention that all or part is void or voidable, except that a court will decide:

• whether the class-action, collective-action, representative-action, mass-action, or public-injunctive-relief waiver is enforceable;
• whether the informal-resolution requirements were satisfied;
• whether a dispute qualifies for small-claims court;
• whether a claimant timely opted out; and
• a request to enjoin a coordinated filing that violates Section 31.9.

31.3 Matters not required to be arbitrated

Either side may bring:

1. an individual action in a court of competent small-claims jurisdiction, so long as it remains individual and within that court’s limits;
2. an action seeking temporary or preliminary injunctive relief in court to prevent actual or threatened unauthorized access, security compromise, infringement, misappropriation, or misuse of intellectual property pending arbitration;
3. a complaint or report to a government agency, regulator, law-enforcement body, or supervisory authority where law permits;
4. a claim for public injunctive relief to the extent applicable law prohibits waiver of that remedy in arbitration, with any arbitrable request for individual relief stayed as appropriate; or
5. a matter that governing law expressly prohibits from arbitration.

A request to a government body does not waive arbitration of an individual claim for monetary or other relief between the parties.

31.4 Arbitration administrator and rules

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect and, when applicable, its Mass Arbitration Supplementary Rules and fee schedule, as modified by these Terms. If the AAA is unavailable or unwilling to administer consistently with these Terms, the parties will attempt to agree on a substitute. If they cannot agree, a court with jurisdiction will appoint a neutral administrator or arbitrator under the Federal Arbitration Act.

The applicable rules are available from the administrator. These Terms control if they conflict with an administrator rule, except that an administrator may decline administration if a conflict would violate its minimum consumer standards.

31.5 Arbitration procedure, location, and format

The arbitration will be conducted by one neutral arbitrator. It will ordinarily proceed by documents, telephone, or video conference. An in-person hearing may occur if the arbitrator determines it is necessary or both sides agree.

Unless the parties agree otherwise, an in-person consumer hearing will occur in the county or equivalent jurisdiction where you reside or at another location reasonably convenient to you and permitted by the administrator. The arbitrator may permit reasonable, proportionate discovery consistent with a prompt and cost-effective process, while protecting confidential and sensitive information.

The arbitrator will apply applicable substantive law and enforce valid privileges. The arbitrator must issue a reasoned written award sufficient to explain the essential findings and conclusions.

31.6 Fees

Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA consumer rules, mass-arbitration rules, and law. Amaranth will pay fees it is required to pay for the arbitration agreement to be enforceable. Each side will bear its own attorneys’ fees unless a statute, rule, sanction, or written settlement permits an award.

If the arbitrator finds that a claim or requested relief was frivolous or brought for an improper purpose under standards comparable to Federal Rule of Civil Procedure 11, the arbitrator may allocate fees and costs to the extent law and administrator rules permit, after providing notice and an opportunity to respond.

31.7 Available relief

The arbitrator may award any individual remedy that would be available in court under applicable law, including damages, declaratory relief, and individual injunctive relief. The arbitrator may not award relief for or against a person who is not a party to that arbitration, except as needed to effectuate the individual claimant’s relief and as law permits.

An award binds only the parties to that arbitration and has no preclusive effect in another proceeding involving a different claimant, except to the extent ordinary claim or issue preclusion law necessarily applies to the same party.

31.8 No class, collective, consolidated, or representative proceedings

YOU AND AMARANTH EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT A DISPUTE MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

Except for the batching procedure in Section 31.9 or with the written agreement of all affected parties, an arbitrator may not combine claims of more than one person, preside over a representative proceeding, or award relief on behalf of anyone other than the individual claimant.

If a court finally determines that a particular request for public injunctive relief cannot be waived or arbitrated on an individual basis, that request alone will be severed and decided in court after arbitration of arbitrable individual claims, to the extent permitted by law. If a court finally determines that the individual-proceeding requirement is unenforceable as to a claim other than public injunctive relief, then Section 31 will not apply to that claim, which must proceed in the court specified in Section 32.

31.9 Coordinated or mass filings

To promote fair and efficient administration, the following applies when 25 or more substantially similar arbitration demands are presented against an Amaranth Party and are coordinated by the same counsel, coordinated counsel, a common organization, or otherwise appear intended to be administered together (“Coordinated Demands”):

1. The claimants and Amaranth must comply with the AAA Mass Arbitration Supplementary Rules where applicable.
2. Each claimant must individually complete the informal process in Section 30 unless the parties agree to a representative process.
3. Counsel for the parties will meet and confer in good faith regarding procedures, information exchange, selection of test cases, mediation, and fee-efficient administration.
4. Unless the AAA directs otherwise, the Coordinated Demands will proceed in sequential batches of no more than 25 individual cases, with one arbitrator per case unless the parties agree otherwise. No batch begins until the prior batch is substantially complete.
5. After the first 50 cases are resolved, the parties will participate in a mediation with a mutually agreed mediator before additional batches proceed, unless mediation would be futile or the administrator orders another process.
6. Each case remains an individual arbitration. The batching process does not authorize class, collective, consolidated, or representative relief.
7. Limitations periods are tolled for a compliant Coordinated Demand from the date the administrator receives the demand and required individual information until that demand may proceed under this Section.
8. A court may enforce this Section and enjoin filings that materially evade it. If the administrator refuses to apply a lawful part of this protocol, the parties will meet and confer regarding a comparable procedure that preserves individual adjudication and reasonable access to arbitration.

If a final court judgment holds the entire batching protocol unenforceable for a set of Coordinated Demands and the ruling cannot be severed, the arbitration agreement will not apply to those Coordinated Demands, but the class-action and jury-trial waivers will apply in court to the fullest extent permitted by law.

31.10 Thirty-day right to opt out

You may opt out of this arbitration agreement without affecting the rest of these Terms. To opt out, send an email from the address associated with your waitlist or Site interaction to legal@amaranth.health within 30 days after the first date you accepted an Amaranth Terms of Use containing an arbitration provision.

The subject line must be “ARBITRATION OPT-OUT.” The message must include:

• the email address associated with your interaction;
• the date you first accepted the Terms, if known;
• a clear statement that you reject the arbitration agreement; and
• your typed name or other reasonable confirmation that the request is yours.

Amaranth may ask you to confirm from the associated email address but will not require unrelated identification for a waitlist-only interaction. An opt-out applies only to you and only if timely and complete. It does not opt out another person or organization. Opting out of arbitration does not opt you out of the rest of these Terms.

If you previously accepted an Amaranth arbitration agreement and did not opt out, a later update does not create a new opt-out right unless the update materially expands the scope of arbitrable disputes.

31.11 Judgment and confidentiality

A court with jurisdiction may enter judgment on an arbitration award. The existence and result of an arbitration need not be confidential where disclosure is required by law, necessary to enforce an award, made to professional advisers under confidentiality duties, or made in a government report. The parties and arbitrator should use reasonable measures to protect Sensitive Information, trade secrets, security information, and personal information, but no absolute confidentiality is promised.

31.12 Future changes to arbitration

If Amaranth materially changes this Section after you accepted it, Amaranth will provide advance notice. The change will not apply to a dispute of which Amaranth had actual written notice before the change’s effective date. You may reject a materially expanded arbitration provision by following the opt-out procedure within 30 days after notice; rejection leaves the previously accepted arbitration provision in effect, if any.

31.13 Survival

This arbitration agreement survives termination of these Terms, deletion of a waitlist record, cessation of the Services, incorporation, assignment, and bankruptcy to the extent permitted by law.

32. Court venue when arbitration does not apply

For a dispute that is not subject to arbitration, small-claims jurisdiction, or a non-waivable forum right, you and Amaranth consent to the exclusive personal jurisdiction and venue of the state and federal courts located in California, United States.

Each side waives objections based on personal jurisdiction, venue, or inconvenient forum to the extent permitted by law. Nothing prevents removal to federal court where the legal requirements are met, transfer by a court, or use of another forum that mandatory consumer law requires.

33. International use and mandatory local rights

Amaranth controls the Site from California, United States. It does not represent that the Services are appropriate, lawful, translated, or available in every location. You access the Services on your own initiative and are responsible for local law.

If you are a consumer outside the United States, nothing in these Terms deprives you of mandatory protections or a forum right that the law of your habitual residence does not permit you to waive. The warranty disclaimer, liability limitation, indemnity, governing-law clause, forum clause, arbitration agreement, time limit, and other risk-allocation provisions apply only to the extent enforceable where you live.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. No product sale is made under these Terms.

34. Export controls and sanctions

You may not use, export, re-export, transfer, or make the Services available in violation of U.S. export-control or economic-sanctions laws or other applicable trade restrictions. You represent that you are not using the Services on behalf of a prohibited party or for a prohibited end use.

Amaranth may restrict access where reasonably necessary to comply with trade law. This Section does not require collection of more information than is reasonably necessary or permit discrimination prohibited by law.

35. Copyright and intellectual-property complaints

If you believe public Content on the Site infringes a copyright or other intellectual-property right, send a notice to legal@amaranth.health containing:

• identification of the protected work or right;
• identification and location of the challenged material;
• your contact information;
• a statement of your good-faith belief that the use is unauthorized;
• a statement, under penalty of perjury where applicable, that the notice is accurate and that you are the rightsholder or authorized to act; and
• your physical or electronic signature.

Amaranth may request additional information, remove or disable material, forward the notice to the person who supplied the material, or reject a deficient or abusive notice. Knowingly submitting a false infringement notice may create liability.

This procedure does not state that Amaranth has registered a Digital Millennium Copyright Act agent. Amaranth should not claim statutory safe-harbor status unless it has completed any required registration and operational process.

36. California consumer notice

Under California Civil Code section 1789.3, California users may be entitled to the following consumer-rights notice: the provider is the legal person identified in Section 1 at the address completed there. The Site and waitlist are presently provided without a charge. Questions or complaints may be sent to hello@amaranth.health.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254. This notice does not concede that a particular statute applies or limit any other remedy.

37. Assignment, incorporation, and organizational changes

You may not assign, delegate, transfer, sublicense, or otherwise dispose of these Terms or a right under them without Amaranth’s prior written consent. An attempted assignment in violation of this Section is void to the extent permitted by law.

Amaranth may assign or transfer these Terms, in whole or in part, to:

• an entity formed to operate Amaranth Health;
• an affiliate or successor;
• a purchaser of all or substantially all relevant assets or equity;
• a surviving entity in a merger, reorganization, financing, or similar transaction; or
• a service provider solely to perform an obligation on Amaranth’s behalf,

provided that the assignee assumes the applicable obligations and the transfer complies with privacy law. Amaranth will provide notice of a material change in the contracting party where required.

If the founders are the original contracting parties and a successor entity assumes these Terms, the parties intend, to the extent permitted by law and stated in the transfer notice, for the successor to replace the founders prospectively with respect to obligations arising after assumption. No provision releases a person from liability that law does not permit to be released or from an accrued obligation unless a valid novation or other lawful release occurs.

38. Force majeure

No Amaranth Party is liable for delay or failure caused by circumstances beyond reasonable control, including natural disaster, severe weather, fire, flood, earthquake, epidemic, pandemic, public-health action, war, terrorism, civil disorder, labor dispute, utility or internet failure, telecommunications failure, cloud-provider outage, cyberattack despite reasonable safeguards, government action, embargo, sanctions, supply-chain disruption, inability to obtain materials, or failure of a third-party provider.

This Section does not excuse payment or another obligation that cannot lawfully be excused and does not reduce legally required incident notification or data-protection duties.

39. Notices

Amaranth may provide notice by email to the address you supplied, by conspicuous posting on the Site, or by another method reasonably designed to reach you. Notice is effective when sent or posted, except where law requires receipt or a different period.

Formal legal notices to Amaranth must be sent as stated in Section 30. Routine questions, accessibility feedback, unsubscribe requests, and privacy-rights requests may be sent to hello@amaranth.health.

You are responsible for keeping an address current if ongoing communications are important. Amaranth is not responsible for a notice missed because an address was inaccurate, abandoned, blocked, or filtered, although it will use legally required methods.

40. No waiver

A delay or failure to enforce a provision is not a waiver. A waiver must be in a writing signed by the party granting it and applies only to the specific instance stated. A course of dealing does not amend these Terms.

41. Severability and reformation

Except as specifically stated in Section 31, if a provision is found invalid, unlawful, or unenforceable, it will be enforced to the maximum lawful extent and, where permitted, reformed to approximate its intended lawful effect. The remainder will remain in effect.

The parties intend that invalid language be severed rather than cause the loss of an entire Section, unless the provision expressly states a different result or severance would fundamentally alter the agreed exchange.

42. Interpretation

Headings are for convenience and do not limit meaning. “Including” means “including without limitation.” “Or” is inclusive. The singular includes the plural and vice versa where context permits. A reference to law includes amendments and successor provisions. “Written” and “in writing” include an electronic record where law permits.

These Terms will not be construed against a party merely because that party drafted them. The words “will” and “must” create obligations; “may” indicates discretion, subject to good faith and applicable law.

43. Entire agreement and order of precedence

These Terms, the Privacy Policy, any consent text presented with the waitlist, and any additional terms expressly accepted for a particular pre-launch activity constitute the entire agreement regarding the current Services and supersede prior or contemporaneous discussions on that subject.

If documents conflict, the following order applies unless a document expressly states otherwise:

1. a signed written agreement for the specific activity;
2. activity-specific terms and consent;
3. the Privacy Policy for processing of personal information;
4. these Terms; and
5. the plain-language summaries.

A purchase order, institutional policy, email footer, portal term, or unilateral document supplied by you does not modify these Terms unless an authorized Amaranth representative expressly agrees in a signed writing.

44. No agency, partnership, employment, fiduciary duty, or third-party beneficiary

These Terms do not create an agency, partnership, joint venture, franchise, employment, fiduciary, professional, caregiving, clinical, research, or investment relationship between you and Amaranth.

Except for the Amaranth Parties entitled to enforce provisions that expressly protect them, no person is a third-party beneficiary of these Terms. Your family member, patient, client, employer, institution, email provider, or other third party acquires no right solely from your use of the Services.

45. Survival

Provisions that by their nature should survive termination will survive, including Sections concerning ownership, Feedback, responsibility for Submissions, disclaimers, limitations of liability, indemnification, release, claim deadlines, dispute resolution, assignment, notices, interpretation, and accrued rights.

46. Language

The English-language version controls to the extent permitted by law. A translation is provided for convenience unless it expressly states that it is an official controlling version. Where local law requires a controlling local-language version, Amaranth will provide one before offering the relevant Service.