End User License Agreement

EULA FOR THE WE ARE HERE PLATFORM

Last Modified: July 10, 2026

IMPORTANT – PLEASE READ CAREFULLY BEFORE ACCESSING OR USING THE WE ARE HERE PLATFORM (THE “PLATFORM”) MADE AVAILABLE TO YOU BY WE ARE HERE, INC. (“COMPANY”). BY ACCESSING OR USING THE PLATFORM OR CLICKING “I AGREE”, “ACCEPT”, OR OTHER LIKE BUTTON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”).

THIS EULA CONTAINS A WAIVER OF A RIGHT TO TRIAL BY JURY AND A CLASS ACTION WAIVER.

Right to Use. Subject to the terms and conditions of this EULA, Company grants you a limited, non-exclusive, revocable right to access and use the Platform for the duration it has been made available to you by your hospital, medical center, or healthcare provider, patient advocacy organization, care navigation provider, employer-sponsored health program, or other organization authorized to provide you access to the Platform. Your access is conditioned on your compliance with these terms.

Not Medical Advice or Diagnosis. NOTHING PROVIDED BY THE PLATFORM, INCLUDING THE REPORTS, RECOMMENDATIONS, OR REFERRALS SHOULD BE INTERPRETED AS MEDICAL ADVICE OR DIAGNOSIS OR SHOULD BE USED AS A SUBSTITUTE FOR MEDICAL ADVICE OR DIAGNOSIS. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT RENDER MEDICAL ADVICE OR DIAGNOSIS. YOUR MEDICAL ADVISORS ARE SOLELY RESPONSIBLE FOR PROVIDING YOU WITH ANY MEDICAL ADVICE OR DIAGNOSIS.

Third-Party Resources; No Guarantee of Eligibility or Outcomes. The Platform may identify, recommend, or provide access to third-party resources, programs, services, organizations, websites, recipes, wellness suggestions, or other third party content (collectively, “Third-Party Resources”). Company makes no representation or warranty of any kind, express or implied, with respect to any Third-Party Resources, all of which are provided “AS IS” and “WITH ALL FAULTS.”

U.S. Patients Only. You acknowledge and agree that the Platform is intended for residents of the United States of America only. If you are not a resident of the United State of America you may not use the Platform, and Company may suspend or terminate your access to the Platform if Company reasonably believes that you are not a resident of the United States of America or are otherwise subject to the laws of any other jurisdiction.

Use Restrictions. You may not:

(i) translate, reverse engineer, de-compile or disassemble the Platform;

(ii) use or permit the use of the Platform in violation of any Federal, state or local Law;

(iii) defeat, circumvent or disable any protection mechanisms of the Platform;

(iv) interfere with or disrupt the integrity or performance of the Platform, or any data contained therein;

(v) use, access, display or run the Platform except in accordance with the terms of this EULA;

(vi) rent, lease, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform to any third party;

(vii) delete or in any manner alter the copyright, trademark, or other proprietary rights notices of Company appearing on the Platform;

(viii) access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other rights of any third party, or that violates any applicable Law; or

(ix) use the Platform for purposes of: (a) benchmarking or competitive analysis of the Platform, or (b) developing, using or providing a competing application or service.

Your Device and Third-Party Tools. You are responsible for the security of the device(s) you use to access the Platform. If you use any third-party artificial intelligence tool, browser extension, virtual assistant, screen-sharing tool, or similar technology on your personal device, you should be aware that such tools may access, capture, transmit, or store information displayed on your screen or entered by you, including your health information, in ways that are outside Company’s control and not governed by this EULA or Company’s privacy policy. Company is not responsible for the collection, use, or disclosure of your information by any such third-party tool that you choose to install or use.

Disclaimer. THE PLATFORM IS PROVIDED FOR YOUR CONVENIENCE ONLY, AND IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS”. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Privacy. Your access to and use of the Platform is subject to Company’s privacy policy, available at https://wearehere.com/privacy-policy/. If you are accessing the Platform through an organization that has entered into a Business Associate Agreement with Company regarding your health information, that organization’s own notice of privacy practices, and the Business Associate Agreement between Company and that organization, will govern Company’s use and disclosure of your health information to the extent addressed therein, and will control over Company’s privacy policy in the event of a conflict. Company will comply with all applicable laws and regulations with respect to its receipt, use, and storage, and sharing of the information and data, including any personal health information, that is collected, downloaded or otherwise received, directly or indirectly from you in connection with your use of the Platform (collectively, the “Patient Data”). To the maximum extent permitted by applicable laws, Company shall have the right:

(i) to use the Patient Data

(a) to provide the Platform to you; and

(b) to share the Patient Data with your medical advisors, including your hospital, medical center, or healthcare providers; and

(c) to develop, train (including the building of algorithms or for the purposes of machine learning or otherwise) and improve Company’s products and services and its business, and

(ii) to use aggregated and anonymized Patient Data (“Aggregated Data”):

(a) to create new services and technologies,

(b) to generate and disclose statistics and other data regarding the Services, and

provided, that no Patient Data that is identifiable to you will be disclosed to third parties (other than your medical advisors, including your hospital, medical center, or healthcare providers) without your consent or in violation of any applicable law or regulation. Company may use Aggregated Data for any lawful business purpose without restriction. In no event will the Aggregated Data disclose any substantive specific individual information about you.

For clarity, any Patient Data or other information that has been de-identified in accordance with the HIPAA Privacy Rule (45 C.F.R. § 164.514(a)–(b)) (“De-Identified Data”) shall not be considered Patient Data. De-Identified Data is licensed to Company on a perpetual, irrevocable, worldwide, royalty-free basis, and, to the maximum extent permitted by applicable laws, Company may retain, use, analyze, combine, and disclose such De-Identified Data for any lawful business purpose, including analytics, research, benchmarking, publication, algorithm development, and product or service improvement, provided that no such use identifies or can reasonably be used to identify you. Nothing in this Section constitutes a transfer of ownership of Patient Data or De-Identified Data to Company.

LIMITATION OF LIABILITY

COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR LOST PROFITS OR LOSS OF BUSINESS NOR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS EULA, EVEN IF COMPANY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION OR CONTENT STORED IN, OR IN CONNECTION WITH, THE PLATFORM NOR FOR ANY DAMAGES ARISING FROM ANY ERROR IN ANY DATA OR OTHER INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE PLATFORM.

UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ALL KINDS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS EULA, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED TWO HUNDRED AND FIFTY DOLLARS ($250).

The limitations in this section shall not apply to Company’s gross negligence, fraud, or willful misconduct, or for any claims or losses that cannot be disclaimed or limited as a matter of law.

Termination. Company may terminate this EULA and your right to use the Platform immediately upon any breach of this EULA by you, or in the event Company is no longer engaged to provide the Platform to your hospital, medical center, or healthcare provider. On the expiration or termination of this EULA for any reason, your right to access and use the Platform will immediately terminate, and Company may destroy any identifiable Patient Data, except that Company may retain and continue to use De-Identified Data. To the extent required by applicable law, you may have a limited window to download or request a copy of your Personal Data or to transfer such Personal Data to another provider.

GENERAL

From time to time, Company may modify this EULA. Modifications will be applicable to any subsequent use of the Platform by you.

The EULA will be governed by and construed in accordance with the Laws of the State of Texas. Any dispute, controversy or claim arising out of this EULA will be settled by binding arbitration pursuant to the Commercial Rules (or Consumer Rules, to the extent applicable) of the American Arbitration Association (“Rules”) then in effect. Notwithstanding those Rules, the following provisions will apply to such arbitration:

(i) Texas Law shall apply,

(ii) the arbitration will be conducted by a single arbitrator; however, at the request of either party, a panel of three arbitrators will conduct the arbitration, with one arbitrator chosen by each of the parties and the third appointed by the other two arbitrators,

(iii) the fees of the arbitrator(s) shall be equally borne (50/50) by the parties, and

(iv) the proceedings shall be in the English language and shall take place in Texas, or another location reasonably convenient to both parties.

The arbitrator(s) shall reach a binding decision regarding the issues presented as it deems fair, reasonable, and appropriate, and such decision shall have the full force and effect of a binding judgment, which may be entered in any court having proper jurisdiction. Notwithstanding this provision, each party may seek injunctive relief in any court of competent jurisdiction.

The parties agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective basis. The arbitrator shall have no authority to consider or resolve any claim or issue or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the arbitration may still proceed on an individual basis only.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS EULA); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.