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TERMS OF USE AGREEMENT

Last Updated/Effective Date: June 19, 2025

This Inciteful, Inc., "Inciteful", "we", "us", or "our" Terms of Use Agreement ("Agreement") is a legally binding agreement between you ("You") and Inciteful, and applies to your use of the Inciteful platform, along with the features, functionalities, applications, and other services available through our platform (the"Platform"), and the websites, https://incitefulmed.com and https://inciteful.xyz/ ("Website"). We refer to the Website and Platform together as the "Services."

BY VISITING THE WEBSITE OR CLICKING THE "AGREE" BUTTON ON THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE WEBSITE OR THE PLATFORM.

NOTICE OF BINDING ARBITRATION – ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED ARBITRATION, WAIVER OF CLASS ACTION BELOW.

1. SERVICES DO NOT PROVIDE MEDICAL OR MENTAL HEALTH ADVICE

Our Services are designed for informational purposes only. OUR SERVICES AND THE CONTENT PROVIDED THROUGH OR IN CONNECTION WITH OUR SERVICES DO NOT CONSTITUTE MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT.

Accordingly, the information and other content provided through or in connection with our Services are not a substitute for professional medical or mental health advice, diagnosis, or treatment.

IF YOU ARE IN NEED OF MEDICAL OR MENTAL HEALTH ASSISTANCE, NOW OR IN THE FUTURE, CONTACT A MEDICAL OR MENTAL HEALTH PROVIDER. IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911. Our Services are not actively monitored.

Please do not rely on any portion of our Services to make medical or mental health decisions. These decisions should be made in conjunction with individual medical or mental health providers. Before taking any action based on any of the information or other Content provided through or in connection with our Services, please consult your medical or mental health provider. Never disregard professional medical or mental health advice, or delay seeking treatment, because of information or other content You have seen through or in connection with your use of our Services.

2. Artificial Intelligence

Inciteful provides a SaaS-based platform that uses Artificial Intelligence ("AI") technology to facilitate access to scientific knowledge. Inciteful uses an in-house developed machine learning algorithm as the main decision maker to process and analyze the information You provide ("Input") and match it with the applicable scientific information. Inciteful relies on third party large language models to assist in processing your Inputs, simplifying the scientific information, and creating the results You receive ("Outputs").

PLEASE LIMIT YOUR INPUT TO SYMPTOMS AND OTHER RELATED INFORMATION. DO NOT INCLUDE ANY OTHER INFORMATION ABOUT YOURSELF, SUCH AS YOUR NAME, ADDRESS, TELEPHONE NUMBER, EMAIL, OR SOCIAL SECURITY NUMBER.

DO NOT INPUT ANY DEMOGRAPHIC INFORMATION THAT COULD BE USED TO IDENTIFY YOU.

DO NOT INPUT ANY INFORMATION REGARDING A CHILD THAT COULD BE USED TO IDENTIFY THE CHILD.

We do not guarantee the accuracy of any Output generated by the Platform or third party large language AI models. Given the nature of AI, use of our AI features may in some situations result in incorrect Outputs that do not accurately reflect the action generated. Evaluate the accuracy of any Output with your doctor or other healthcare provider and do not rely on Inciteful to do so.

3. Changes to Terms

We may modify this Agreement at any time. All changes will be effective immediately upon posting to the Website or Platform. By using the Services after the changes are posted, You agree to those changes.

4. Intellectual Property

Inciteful and its licensors are the sole and exclusive owners of the Services. The Services include the AI Output, the content of the Services (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content), and the design, selection, and arrangement of the content on the Services ("Content").

The Services, including the Content, are protected by copyright, trademark, and other intellectual property laws ("Intellectual Property Rights"). Any unauthorized use of the Services or the related Intellectual Property Rights in the Services belonging to Inciteful or any third party is strictly prohibited. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to Inciteful.

Unless otherwise noted, Inciteful and its Intellectual Property Rights are protected under U.S. law and/or the laws of other countries. Inciteful trademarks may not be used without our express written consent and may not be used in a manner that disparages or discredits Inciteful, causes confusion among customers or be used in conjunction with any products or services that are not provided by Inciteful. We will take legal action against individuals using its trademarks or service marks in metatag keywords and/or hidden webpage text and such use constitutes trademark infringement and unfair competition.

5. Personal Information

To learn how we collect, use, and disclose personal information, please see our Privacy Policy available at https://incitefulmed.com/privacy Our Platform allows You to provide health-related information about yourself. Please take care in what information you provide to us through the Services. Do not provide any information that would allow someone to identify You, except for information You provide related to your account.

6. User Account

To use the Platform, You must register for a user account ("Account"). You will create a user ID and password which will allow You to access the Platform. You agree to provide true, accurate, current, and complete information, and maintain and promptly update any information that changes. You agree to take all reasonable efforts to prevent the unauthorized use or disclosure of your user ID and password to protect the Platform from improper access. Your user ID and password are personal to You only. You are responsible for any activity under your user account. If You believe your user ID or password have been compromised, notify us as soon as possible. We are not responsible for any damages You sustain as a result of any unauthorized access to or use of the Platform.

7. Subscriptions

Parts of the Platform are only available to subscribers. The cost of a subscription will be published on the Website or otherwise communicated to You in writing ("Fees").

8. Automatic Renewals

Your subscription to the Platform includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless canceled in accordance with the instructions for cancellation below. You agree that You must cancel your subscription to avoid being charged for your next month. Payment will be charged to your chosen payment method.

9. Canceling Your Auto-Renewal of Your Subscription

You can cancel your subscription at any time before the end of the then-current billing period. If You cancel, You will continue to have access to the Service through the end of your then-current billing period.

10. Price Changes

We reserve the right at any time to change our prices, refund policy, and billing methods, subject to any obligations to provide notice of such changes under applicable law. If You do not wish to accept a price change, You may cancel your subscription. If You do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by You, and You authorize us to charge your payment method for these amounts.

11. Right to Access and Use

Subject to your compliance with all of the terms and conditions set out in this Agreement and your payment of any applicable Fees, Inciteful hereby grants to You a limited, non-exclusive, non-transferable, freely revocable right to access and use the Services.

12. Cookies, Pixels, and other Tracking Technologies

We may use cookies, pixels, and other tracking technologies (including those provided by third parties; collectively, "AdTech") on the Website and the Platform. We use AdTech to collect data analytics information, record how You interact with the Website and the Platform, which may include where You direct your mouse when using the site, the information You type, and other user-related activities, and to serve You with targeted advertising.

BY VISITING AND USING OUR SITE, YOU ARE CONSENTING TO OUR USE OF ADTECH AND THAT WE MAY SHARE PERSONAL INFORMATION COLLECTED THROUGH THE USE OF ADTECH WITH OUR THIRD-PARTY ADVERTISING AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH ON OUR WEBSITE AND THE PLATFORM, PLEASE SEE OUR PRIVACY POLICY https://incitefulmed.com/privacy.

13. Compliance with Laws

When You use the Website and/or the Platform, You are responsible for complying with all applicable laws, rules, regulations, including our Acceptable Use Policy regarding online conduct set forth in this Agreement.

14. Acceptable Use Policy

15. Use of Input and Other Content

If You provide Input in the Platform or otherwise provide us information through the Services, You grant Inciteful a worldwide, royalty-free, non-exclusive, and fully sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, translate, create derivative works from the information and/or incorporate it into other works in any form, media, or technology now known or later developed for the purposes of providing or improving the Services generally.

16. Use of De-Identified Data

Inciteful may use the information You provide to use through the Services to create aggregated health information and de-identified data for any lawful purpose, such as the improvement of our products and services.

17. Termination for Breach

Inciteful may terminate your access to the Website and/or the Platform at any time if we reasonably believe, in our sole discretion, that You are in violation of this Agreement. This Agreement shall terminate immediately if You fail to comply with any provision of this Agreement.

18. WARRANTY DISCLAIMERS

THE WEBSITE AND THE PLATFORM ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. INCITEFUL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. INCITEFUL MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE PLATFORM, THE WEBSITE OR YOUR ACCOUNT.

INCITEFUL AND THE APPLICABLE THIRD-PARTY LARGE LANGUAGE MODEL PROVIDERS INCITEFUL USES TO PROVIDE THE SERVICES, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE PLATFORM. INCITEFUL SHALL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE PLATFORM OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT.

INCITEFUL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE OR PLATFORM. INCITEFUL DOES NOT VERIFY FOR ACCURACY ANY AI OUTPUTS PROVIDED TO US FROM THIRD PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND THE PLATFORM.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INCITEFUL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CLAIM AT LAW OR IN EQUITY FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES), AND ALL SUCH DAMAGES OR LOSSES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT WHETHER OR NOT THEY WERE FORESEEABLE OR INCITEFUL WAS ADVISED OF SUCH DAMAGES OR LOSSES.

IN NO EVENT WILL OUR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE PLATFORM OR ADTECH ON THE WEBSITE OR THE PLATFORM EXCEED $100.00 USD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

20. AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTIONS

Agreement to Arbitrate

YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR ACCESS TO OR USE OF THE SERVICES, OR YOUR DEALINGS WITH INCITEFUL IN CONNECTION WITH THE FOREGOING SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. IF YOU DESIRE TO OPT-OUT, PLEASE SEE THE"OPT-OUT OF THE AGREEMENT TO ARBITRATE" SECTION BELOW.

Waiver of Rights

YOU ACKNOWLEDGE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST INCITEFUL ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

About Arbitration

Arbitration is a dispute resolution process which is more informal than a court case. ARBITRATION IS DIFFERENT THAN A LAWSUIT. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You will not be able to have a court or jury trial or participate in a class action or mass arbitration. There is a limited court review of a final arbitration award. There may be more limits on discovery than in a court case. The arbitrator is required to make a decision based upon this Agreement and applicable law. THE ARBITRATOR'S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

AAA

THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), AS MODIFIED BY THIS SECTION.

INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.

FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (1) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS AND (2) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) WILL TAKE PLACE IN CHICAGO, ILLINOIS.

THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

EXCEPT IN THE EVENT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE AS DESCRIBED BELOW, THIS AGREEMENT TO ARBITRATE WILL SURVIVE TERMINATION OF YOUR ACCESS TO OR USE OF OUR SERVICES AND YOUR RELATIONSHIP WITH US.

Opt-Out of Agreement to Arbitrate

IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT OR WHEN YOU FIRST USE THE SERVICES, WHICHEVER IS LATER, YOU MUST SEND US AN EMAIL STATING: "REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE" TO: hello@inciteful.xyz.

The FAA

THIS AGREEMENT TO ARBITRATE INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16 ("FAA"), AND NOT BY STATE LAW.

THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FAA.

21. Indemnification

You agree to indemnify, defend, and hold harmless Inciteful, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from, relating to, or in any way connected with your violation of this Agreement, or your use of the Services, including its Content and your Account.

22. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois without regard to its conflict of laws principles.

23. Agency

Nothing in this Agreement shall be deemed to create an employment, partnership, agency, or joint venture relationship between You and Inciteful.

24. Waiver

Our failure to act with respect to a breach of this Agreement does not waive our right to act with respect to subsequent or similar breaches. Inciteful does not guarantee it will take action against all breaches of this Agreement.

25. Termination

If you violate this Agreement or any applicable laws in connection with your use of the Services, you are immediately prohibited from further use of the Services. Inciteful may suspend or terminate your Account, in whole or in part, at any time. If Inciteful terminates your Account or access to the Services for a reason other than your failure to comply with applicable law or this Agreement, Inciteful will refund any applicable pre-paid fees, pro-rated based on the date of termination.

26. No Third Party Beneficiaries

This Agreement does not confer any rights, remedies, or benefits upon any person other than you and Inciteful.

27. Survival

Any provisions of this Agreement that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of this Agreement, your Account or of your access to or use of the Services.

28. Assignment

We reserve the right to transfer, assign, sublicense or pledge any or all of the Agreements, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under the Agreement.

29. Feedback

You may, at your own discretion, choose to provide us with ideas, suggestions, proposals, or bug or crash reports for the Services ("Feedback"). In such event, you agree that we are the owner of such Feedback, and we are free to use it for our business purposes, including by incorporation into the Services without any payment or attribution or other obligation to you.

30. Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in force and effect.

31. Contact Us

If you have any questions or concerns, please contact us at hello@incitefulmed.com.

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