Terms & Conditions

Last Updated: Monday, November 24, 2025

These Terms and Conditions (the "Terms" or this "Agreement") set forth the legally binding terms and conditions that govern your use of the Arkana platform.

Arkana Health, Inc. ("Arkana," "we," "us," or "our") owns and operates the website located at www.arkanahealth.co, any related subdomains, mobile applications, and any related online services (collectively, the "Platform"). Certain features of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms in their entirety, you may not access or use the Platform.

1. Eligibility and Limited Use

You may use the Platform only if:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is higher;
• You have the legal capacity to enter into a binding contract; and
• You access and use the Platform in compliance with these Terms and all applicable laws and regulations.

The Platform is intended for use only in the United States and in the specific states where Arkana chooses to make the Platform available, as described from time to time on the Platform. We may restrict access to all or parts of the Platform based on location or other criteria at our discretion.

The Platform is not intended for children under 18, and we do not knowingly permit individuals under 18 to use the Platform or create an account.

2. Relationship with Arkana and Practitioners

Arkana is a technology and wellness platform that:

• Provides educational content about Traditional Chinese Medicine ("TCM") and other forms of ancient medicine;
• Offers tools (including AI-driven analysis, questionnaires, and dashboards) to help you explore possible wellness patterns and rituals; and
• May help you discover or connect with independent practitioners or third-party services.

Arkana is not a healthcare provider.

We do not practice medicine, diagnose medical conditions, prescribe medications, or provide professional medical, mental health, or other licensed healthcare services. No provider–patient or doctor–patient relationship is created between you and Arkana through your use of the Platform.

Any health or wellness services you receive from a practitioner or other third party (including any consultations accessed through links, bookings, or referrals on or from the Platform) are provided by that practitioner or organization, not by Arkana. Those third parties are solely responsible for the quality and appropriateness of the care or services they provide.

You acknowledge and agree that:

• Arkana does not control or supervise the practice of medicine, acupuncture, herbalism, or any other licensed or professional service offered by practitioners or third parties.
• Practitioners and third-party providers are independent and are not employees, agents, or representatives of Arkana.
• Arkana is not responsible for any act, omission, advice, treatment, or services provided by any practitioner or third party.

Provider–Patient Relationship

Any provider–patient, practitioner–client, or similar professional relationship that arises:

• is solely between you and the Practitioner, and
• does not create a provider–patient or doctor–patient relationship between you and Arkana Health, Inc.

Arkana does not direct or control the clinical or professional judgment of any Practitioner. Practitioners are solely responsible for:

• assessing whether their services are appropriate for you,
• complying with all licensing, scope-of-practice, and telehealth rules that apply to them, and
• determining any diagnosis, treatment plan, or recommendations they choose to provide.

Off-Platform Care and Bookings

The Platform may enable you to:

• have an initial virtual consultation or educational session with a Practitioner; and/or
• obtain information about how to continue working with that Practitioner outside the Platform (for example, through the Practitioner's own clinic, telehealth system, or booking tools).

Any ongoing relationship, follow-up care, treatment, or bookings that you arrange directly with a Practitioner outside the Platform:

• are solely between you and that Practitioner,
• are subject to the Practitioner's own terms, policies, and privacy practices, and
• do not involve Arkana as a party to that relationship or agreement.

Arkana is not responsible for and does not guarantee:

• the availability, quality, legality, or outcome of any services provided by Practitioners, whether on or off the Platform, or
• any fees, refunds, scheduling, or other terms you agree upon directly with a Practitioner.

3. No Medical Advice; Health Content

The Platform may display or generate suggestions, educational material, routines, rituals, or other possible courses of action (collectively, "Solutions"), which may be based on:

• Information you provide (e.g., assessments, questionnaires, tongue images, habits);
• TCM or other traditional frameworks; and/or
• Automated or AI-driven analysis and inferences.

You understand and agree that:

• Solutions and any other information on or through the Platform are for general informational and educational purposes only.
• They are not medical advice, diagnosis, or treatment, and are not a substitute for professional judgment by a qualified healthcare provider.
• Arkana does not recommend or endorse any specific Solution, test, practitioner, product, procedure, opinion, or other information that may appear on or through the Platform.
• Arkana does not represent that any Solution is safe, effective, or appropriate for your particular circumstances.

Consult Your Healthcare Provider

You are solely responsible for deciding whether and when to consult a licensed healthcare professional. You agree to:

• Consult a qualified healthcare provider before starting, stopping, or modifying any medication, supplement, exercise, diet, therapy, or other regimen; and
• Seek emergency care immediately if you think you may be experiencing a medical emergency (e.g., call 911 or your local emergency number).

Assumption of Risk

You understand that implementing any Solution or following any suggestion from the Platform is entirely your decision and at your own risk, and may involve health risks, including without limitation injury, illness, adverse reactions, or worsening of an existing condition. Arkana is not responsible for monitoring your health or condition.

To the maximum extent permitted by law, you release Arkana and its officers, directors, employees, agents, and affiliates from any claims, losses, or damages arising from your use of or reliance on Solutions or other information provided through the Platform.

4. Accounts

4.1 Account Creation

To use certain features of the Platform, you must register for an account ("Account") and provide certain information. You represent and warrant that:

• All required registration information you submit is truthful, accurate, and complete; and
• You will maintain the accuracy and completeness of such information.

You may delete your Account at any time by following the instructions on the Platform or by contacting us at support@arkanahealth.co.

We may suspend or terminate your Account in accordance with these Terms.

4.2 Account Responsibilities

You are solely responsible for maintaining the confidentiality of your Account credentials (username and password) and for all activities that occur under your Account. You agree to:

• Immediately notify Arkana of any unauthorized use of your Account or any other breach of security; and
• Log out from your Account at the end of each session.

Arkana is not liable for any loss or damage arising from your failure to comply with these obligations, or for any unauthorized access to your Account resulting from your acts or omissions.

5. Access to the Platform

5.1 License

Subject to these Terms, Arkana grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use.

5.2 Restrictions

You agree that you will not:

• License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform or any content on it;
• Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform;
• Access the Platform to build a similar or competitive service;
• Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Platform in any form or by any means, except as expressly permitted; or
• Remove or alter any copyright, trademark, or other proprietary notices on or in the Platform.

Any future release, update, or other addition to the functionality of the Platform will be subject to these Terms unless otherwise stated.

5.3 Modifications; Availability

We reserve the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.

We have no obligation to provide support or maintenance for the Platform unless we expressly agree otherwise.

5.4 Ownership

Excluding any User Content (defined below), all rights, title, and interest in and to the Platform and its content, including all intellectual property rights, are owned by Arkana or our licensors. Nothing in these Terms transfers any ownership rights to you. All rights not expressly granted to you in these Terms are reserved by Arkana and its licensors.

6. User Content

6.1 User Content and Responsibility

"User Content" means any information, images, text, media, or other content that you submit, upload, post, or otherwise make available through the Platform (including profile information, posts, messages, images such as tongue photos, feedback, and other materials).

You are solely responsible for your User Content and assume all risks associated with it, including any reliance on its accuracy, completeness, or usefulness, and any disclosure of information that personally identifies you or others.

You represent and warrant that your User Content:

• Complies with these Terms and all applicable laws;
• Does not infringe any third party's rights (including intellectual property, privacy, or publicity rights); and
• Does not violate the Acceptable Use Policy below.

6.2 License to Arkana

You grant Arkana a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, distribute, display, perform, and create derivative works of your User Content, solely for the purpose of operating, improving, and providing the Platform and our services (including training, testing, and improving our models and algorithms using de-identified data, as described in our Privacy Policy).

To the extent permitted by law, you waive any moral rights in your User Content.

Our use of personal information contained in User Content is governed by our Privacy Policy, not this license clause.

6.3 Acceptable Use Policy

You agree not to use the Platform to upload, transmit, or distribute any User Content that:

• Violates any third-party rights (including copyrights, trademarks, trade secrets, moral rights, privacy, or publicity);
• Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of privacy, vulgar, defamatory, false, misleading, obscene, or otherwise objectionable;
• Promotes or incites racism, hatred, bigotry, or physical harm;
• Is harmful to minors;
• Contains malware, viruses, worms, or other code intended to damage or disrupt;
• Constitutes unsolicited advertising or spam; or
• Violates any law, regulation, or contractual obligation.

You also agree not to:

• Attempt to gain unauthorized access to the Platform or related systems;
• Use automated scripts, bots, or scrapers to access the Platform (except as permitted by public search engine indexing policies);
• Interfere with or disrupt the Platform or the experience of other users; or
• Harvest or collect information about other users without their consent.

6.4 Enforcement and Removal

We reserve the right, but do not have an obligation, to:

• Review, monitor, or remove any User Content at our sole discretion; and
• Take appropriate action (including terminating or suspending your Account) if we believe you have violated these Terms, the Acceptable Use Policy, or applicable law, or created potential liability for Arkana or any third party.

7. Third-Party Practitioners, Products, and Links

7.1 Practitioners and Third-Party Services

The Platform may list, display, or link to independent practitioners, clinics, wellness services, or other third-party products or services ("Third-Party Services"). These may include, for example, acupuncturists, herbalists, TCM practitioners, or telehealth providers.

Any Third-Party Services are provided by those third parties, not Arkana. Your interactions with Third-Party Services, including payment and delivery of services, and any other terms (e.g., cancellation, refunds), are solely between you and the third party.

Arkana does not endorse or assume responsibility for:

• The qualifications, licensing, or competence of any practitioner;
• The accuracy or completeness of any third-party information; or
• Any results or outcomes from using Third-Party Services.

You should make whatever investigation you feel necessary or appropriate before engaging any practitioner or third-party service.

7.2 Third-Party Links and Ads

The Platform may contain links to third-party websites, services, or advertisements ("Third-Party Links & Ads"). Arkana does not control or endorse these Third-Party Links & Ads and is not responsible for their content, policies, or practices.

When you click a Third-Party Link or view an ad, you are subject to that third party's terms and privacy policy, not these Terms.

8. Purchases, Subscriptions, and Payments

From time to time, Arkana may offer paid products, subscriptions, or services through the Platform (collectively, "Paid Services").

8.1 Pricing and Availability

All products and Paid Services are subject to availability, and we may impose quantity limits, change prices, or modify offerings at any time. We may correct any errors or inaccuracies (including pricing errors) and cancel or modify orders if necessary, with appropriate refunds where required by law.

8.2 Payment Authorization

By providing a payment method (such as a credit or debit card), you represent and warrant that:

• You are authorized to use that payment method; and
• You authorize us and our third-party payment processors to charge your payment method for all applicable amounts, including taxes, fees, and shipping (if any).

We may use third-party payment processors to process payments. We do not control and are not responsible for any errors by those processors.

8.3 Subscriptions and Auto-Renewal

Some Paid Services may be offered on a subscription basis that automatically renews until cancelled.

If you purchase a subscription:

• You authorize Arkana to charge your payment method on a recurring basis (e.g., monthly, annually) for the subscription amount then in effect, plus applicable taxes and fees, until you cancel;
• You can cancel your subscription at any time through your account settings or by contacting us, but cancellation will generally be effective at the end of your current billing period; and
• Except where required by law, we do not offer refunds for partially used subscription periods.

We may change subscription pricing or terms from time to time, but will provide notice of material changes in advance as required by law. If you do not agree to a price or term change, you may cancel before it takes effect.

8.4 Taxes and Shipping

You are responsible for any sales, use, or other taxes that apply to your purchases, except to the extent we collect such taxes. Any shipping or delivery estimates are not guaranteed; risk of loss for physical goods typically passes to you upon delivery to the carrier.

9. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Platform, you acknowledge that you have reviewed our Privacy Policy and agree to its terms.

10. Disclaimers

11. Limitation of Liability

12. Indemnification

You agree to defend, indemnify, and hold harmless Arkana and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, demands, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Platform;
• Your violation of these Terms or any applicable law; or
• Your User Content or interactions with practitioners or other third parties.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.

13. Term and Termination

These Terms remain in effect while you use the Platform. We may, in our sole discretion, suspend or terminate your access to the Platform (including your Account) at any time, with or without notice, for any reason, including if we reasonably believe that you have violated these Terms or applicable law.

Upon termination:

• Your right to access and use the Platform will immediately cease; and
• We may delete or disable access to your Account and associated User Content, subject to our legal obligations and our Privacy Policy.

Sections that by their nature should survive termination (including ownership provisions, disclaimers, limitation of liability, indemnity, and dispute resolution) will remain in effect.

14. Dispute Resolution and Arbitration

Please read this section carefully. It requires you to arbitrate disputes with Arkana and limits the manner in which you can seek relief.

14.1 Agreement to Arbitrate

To the fullest extent permitted by law, you and Arkana agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (each, a "Dispute") will be resolved by binding arbitration on an individual basis, except that:

• You and Arkana may each seek relief in small claims court if your claims qualify; and
• You and Arkana may each seek injunctive or other equitable relief in court for alleged infringement or misuse of intellectual property rights.

This Arbitration Agreement applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the Dispute arose.

14.2 Informal Resolution

Before starting arbitration or a small claims court proceeding, you and Arkana agree to first attempt to resolve any Dispute informally.

To do so, the party initiating the Dispute must send a written notice ("Dispute Notice") describing the nature and basis of the claim and the requested relief to the other party. You must send any Dispute Notice to: support@arkanahealth.co. We will send any Dispute Notice to the email address associated with your Account or any mailing address you have provided.

The parties will attempt in good faith to resolve the Dispute informally within 60 days after the Dispute Notice is received. If the Dispute is not resolved within that time, either party may commence arbitration (or file in small claims court, if eligible).

14.3 Arbitration Procedure

Arbitration will be conducted by JAMS under its applicable rules (the JAMS Streamlined Arbitration Rules & Procedures for most disputes, or the JAMS Comprehensive Arbitration Rules & Procedures for larger disputes), as modified by this Agreement. The JAMS rules are available at www.jamsadr.com or by calling JAMS.

Unless you and Arkana agree otherwise:

• The arbitration will be held in the county where you reside, or another mutually agreed location;
• A single arbitrator will be appointed; and
• The arbitration proceedings and outcome will be confidential to the extent permitted by law.

The arbitrator has exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement, except as otherwise expressly provided in this section.

14.4 Waiver of Class Actions and Jury Trial

14.5 Opt-Out

You may opt out of this agreement to arbitrate by sending a written notice to support@arkanahealth.co (subject line: "Arbitration Opt-Out") within 30 days after you first accept these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

Opting out of arbitration does not affect any other parts of these Terms.

15. Miscellaneous

15.1 Changes to Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page and may provide additional notice (such as by email or in-app notification) where required by law.

Your continued use of the Platform after any changes to the Terms constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Platform.

15.2 Governing Law

These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws rules, except to the extent preempted by federal law.

15.3 Export

You may not use, export, or re-export the Platform except as authorized by United States law and the laws of the jurisdiction in which you access the Platform.

15.4 Electronic Communications

By using the Platform, you consent to receive communications from us electronically (e.g., via email, in-app messages, or notices on the Platform), and you agree that such communications satisfy any legal requirement that such communications be in writing.

15.5 Assignment

You may not assign or transfer these Terms, or your rights or obligations under them, without our prior written consent. We may assign or transfer these Terms without restriction.

15.6 Entire Agreement; Severability; Waiver

These Terms, together with our Privacy Policy and any additional terms we may provide for specific services or features, constitute the entire agreement between you and Arkana regarding your use of the Platform.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision will not be deemed a waiver of that provision or any other provision.

16. Contact Information

If you have any questions about these Terms, please contact us:

Email: support@arkanahealth.co

Mailing Address:
Arkana Health, Inc.
[Insert Street Address]
[City, State ZIP]
United States