Individual Terms of Use

1. DEFINITIONS

“Company” means Traumalis, LLC, a Georgia Limited Liability Company, and its affiliates, officers, directors, employees, and agents.

“Service” means the Traumalis software platform and any related content or features made available to you directly.

“User” or “you” means an individual who purchases and uses the Service directly without an intermediary healthcare organization.

“AI Guide” means the artificial intelligence system integrated into the Service that facilitates interactive sessions with users.

“Screening Tool” means the pre-purchase eligibility assessment administered by the Company to evaluate whether the Service is appropriate for a prospective user.

“Exclusion Screen” means the safety warning screen presented to users immediately prior to engaging with the AI Guide, identifying categories of individuals for whom the Service is contraindicated.

“Session” means a single, discrete interactive engagement with the Service for which a fee is charged.

2. ACCEPTANCE

By clicking “I agree”, purchasing, or using the Service, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them. You are entering into a direct agreement with Company. If you do not agree, do not purchase or use the Service.

3. IMPORTANT NOTICE: NOT A MEDICAL SERVICE

3.1 No Medical Advice: The Service does not provide medical advice, clinical diagnosis, or treatment. It is a self-guided digital tool based on evidence-informed therapeutic techniques. The Service is a general wellness product. Statements regarding the Service have not been evaluated by the U.S. Food and Drug Administration, and the Service is not intended to diagnose, treat, cure, or prevent any disease or any medical or mental health condition.

3.2 No Clinician Supervision: Unlike the facility-based version of Traumalis, this Service is used independently without oversight from a licensed healthcare professional. You are solely responsible for your decision to use the Service.

3.3 Consult a Professional: If you have or suspect you have a serious mental health condition, please consult a licensed mental health professional before using this Service.

3.4 AI Guide Disclosure: The Service incorporates an artificial intelligence system (the “AI Guide”) that conducts interactive sessions with you. The AI Guide is not a licensed mental health professional, therapist, counselor, or physician. Interactions with the AI Guide do not constitute a therapeutic relationship, clinical encounter, or medical consultation of any kind. Outputs generated by the AI Guide are not clinical recommendations and should not be relied upon as such. By using the Service, you acknowledge that you understand and accept the nature and limitations of AI-generated interactions.

3.5 No Therapeutic Benefit Guaranteed: While the techniques on which the Service is based are informed by published research, the Company makes no claim, representation, or guarantee that the Service will provide any therapeutic benefit or produce any particular result. Individuals with an existing or suspected mental health condition should consult a licensed professional before using the Service.

4. EMERGENCY DISCLAIMER

THIS SERVICE IS NOT FOR EMERGENCIES. Do NOT use this Service if you are currently experiencing a mental health crisis. If you experience a mental health emergency while using this Service, immediately stop and call 988 (Suicide & Crisis Lifeline), 911, or go to your nearest emergency room.

The Service does not provide, and is not a substitute for, emergency or crisis services. The Company does not monitor your use in real time and will not contact emergency services or any other person on your behalf. Do not attempt to access emergency care through the Service. Veterans and service members may also contact the Veterans Crisis Line by dialing 988 and then pressing 1, or by texting 838255. If you are located outside the United States, please contact your local emergency number or crisis service.

5. ELIGIBILITY AND APPROPRIATE USE

5.1 Screening Tool: You confirm that you completed the pre-session screening honestly and that the Service appears appropriate for your situation based on those answers.

You further represent and warrant that your responses to the Screening Tool were accurate and complete. You acknowledge that the Screening Tool relies solely on self-reported information and that the Company cannot independently verify your eligibility. If you provide false or misleading responses to the Screening Tool, you assume all risk arising from your use of the Service and the Company shall bear no liability for any resulting harm.

5.2 Age: You must be at least 18 years old to purchase and use the Service.

5.3 Single-Incident Trauma: This Service is designed for single-incident traumatic memories with a clear beginning and end. It has not been validated for complex or ongoing trauma.

BY PROCEEDING PAST THE SCREENING TOOL AND PURCHASING THE SERVICE, YOU AFFIRMATIVELY REPRESENT THAT YOUR INTENDED USE INVOLVES A SINGLE-INCIDENT TRAUMATIC MEMORY AS DESCRIBED ABOVE. IF YOU HAVE COMPLEX, ONGOING, OR REPEATED TRAUMA, YOU ARE NOT AN ELIGIBLE USER OF THIS SERVICE.

5.4 Exclusion Screen: Prior to each session with the AI Guide, you will be presented with a WARNING screen identifying categories of individuals for whom the Service is contraindicated, including persons who are suicidal, experiencing active psychosis, or having an acute mental health episode. By clicking to proceed past the Exclusion Screen, you affirmatively represent that none of those conditions apply to you at the time of that session. The Company shall bear no liability for harm arising from use of the Service by a person who proceeded past the Exclusion Screen despite one or more of those conditions applying to them.

USE OF THIS SERVICE INVOLVES DELIBERATE ENGAGEMENT WITH TRAUMATIC MEMORIES AND CARRIES INHERENT PSYCHOLOGICAL RISKS. BY USING THE SERVICE, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH SUCH ENGAGEMENT, INCLUDING WITHOUT LIMITATION: (a) TEMPORARY OR PROLONGED INTENSIFICATION OF TRAUMA-RELATED SYMPTOMS; (b) EMOTIONAL DISTRESS, FLOODING, OR DYSREGULATION DURING OR AFTER A SESSION; (c) DISSOCIATION, DEPERSONALIZATION, OR DEREALIZATION; (d) RE-TRAUMATIZATION; AND (e) EMERGENCE OR WORSENING OF CO-OCCURRING MENTAL HEALTH CONDITIONS. THE COMPANY PROVIDES A PROMINENT EXIT MECHANISM ON ALL SESSION SCREENS, AND USERS ARE ENCOURAGED TO USE IT IF THEY ARE DISTRESSED OR OVERWHELMED.

THE COMPANY MAKES NO REPRESENTATION THAT USE OF THE SERVICE IS SAFE OR APPROPRIATE FOR ANY INDIVIDUAL USER. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS DISCLOSURE, THAT YOU WERE PRESENTED WITH AN INFORMED CONSENT SCREEN AND AN EXCLUSION SCREEN PRIOR TO USE, AND THAT BY PROCEEDING YOU KNOWINGLY AND VOLUNTARILY CONSENT TO THESE RISKS.

7. LIMITATIONS AND NO GUARANTEE

7.1 No Guaranteed Outcomes: Results vary by individual. No specific therapeutic outcome is guaranteed.

7.2 Self-Guided Tool: The Service is a support tool, not a replacement for professional mental health care.

7.3 User Responsibility: You assume full responsibility for your decision to use the Service and for your wellbeing during and after each session.

8. BILLING AND REFUNDS

8.1 Payment: You agree to pay the applicable fees at the time of purchase. All fees are processed securely through our payment provider.

8.2 Refunds: Because each session involves meaningful AI-driven processing, fees are generally non-refundable once a session has begun, except where a refund is required by applicable law. If you experience a technical issue that prevents you from completing a session, contact us at support@traumalis.com.

9. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. COMPANY MAKES NO WARRANTY REGARDING FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR THAT THE SERVICE WILL MEET YOUR SPECIFIC NEEDS. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, EMOTIONAL DISTRESS, PSYCHOLOGICAL HARM, LOSS OF DATA, OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD OR FRAUDULENT MISREPRESENTATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR CERTAIN PERSONAL INJURY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Service; (b) your violation of these Terms of Use; (c) your violation of any applicable law or regulation; (d) any misrepresentation made by you, including misrepresentations in the Screening Tool, on the informed consent screen, or on the Exclusion Screen; or (e) any claim by a third party arising from your use of the Service.

12. PROHIBITED USES

You may not: (a) share your session access with others, (b) attempt to reverse engineer or misuse the Service, (c) use the Service for any unlawful purpose, or (d) attempt to circumvent usage limits or security measures.

13. TERMINATION AND SUSPENSION

The Company may suspend or terminate your access to the Service, in whole or in part, at any time and with or without notice, if you violate these Terms of Use or the Acceptable Use Policy; provide false or misleading information in the Screening Tool or on the Exclusion Screen; use the Service in a manner the Company reasonably believes to be unsafe, harmful, or unlawful; or as otherwise required by law. Termination does not entitle you to a refund except as required by applicable law or as provided in Section 8. Sections that by their nature are intended to survive termination, including Sections 6, 9, 10, 11, 14, 15, and 17, survive any termination or expiration of these Terms.

14. GOVERNING LAW; DISPUTE RESOLUTION

14.1 Governing Law: These Terms of Use and any dispute arising out of or relating to them or your use of the Service shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.

14.2 Informal Resolution: Before initiating arbitration, you and the Company agree to attempt to resolve any Dispute informally for at least sixty (60) days after written notice of the Dispute is provided. Notice to the Company must be sent to legal@traumalis.com and must describe the Dispute and the relief sought. Many Disputes can be resolved without arbitration, and this step must be completed before either party may commence arbitration.

14.3 Mandatory Arbitration: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (“DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES, EXCEPT AS SET FORTH BELOW. THE ARBITRATION SHALL BE CONDUCTED IN FULTON COUNTY, GEORGIA, OR AT SUCH OTHER LOCATION AS THE PARTIES MAY AGREE. THE ARBITRATOR’S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

14.4 Class Action Waiver: YOU AND COMPANY EACH WAIVE ANY RIGHT TO PURSUE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY DISPUTE BROUGHT BY ANYONE ELSE. THIS WAIVER APPLIES IN ARBITRATION AND IN COURT. IF A COURT FINDS THIS WAIVER UNENFORCEABLE AS TO ANY CLAIM, THAT CLAIM SHALL BE SEVERED AND LITIGATED IN A STATE OR FEDERAL COURT IN FULTON COUNTY, GEORGIA, AND ALL REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.

14.5 Opt-Out: You may opt out of the arbitration agreement by sending written notice to support@traumalis.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

14.6 Exceptions: Notwithstanding the foregoing, either party may (a) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information; and (b) bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies.

Because the Service is provided entirely online, you agree to transact with the Company electronically. You consent to receive these Terms and any related disclosures, screening materials, consent screens, and purchase receipts in electronic form, and you agree that these electronic records satisfy any legal requirement that such communications be in writing. You may request a paper copy of any electronic record the Company has provided to you by contacting support@traumalis.com. The Company may charge a reasonable fee for these paper copies. If you do not wish to transact electronically, do not use the Service.

16. MODIFICATIONS TO THESE TERMS

The Company may update these Terms at any time by posting the revised Terms with a new “Last Updated” date. The version of these Terms displayed and accepted at the time you purchase a Session governs that Session, and changes do not apply retroactively to Sessions already purchased. Because the Service does not require an account, you are responsible for reviewing the then-current Terms each time you purchase a Session, and your purchase constitutes acceptance of the version then in effect. Where the Company has your email address (for example, from a purchase receipt), it may, but is not obligated to, notify you of material changes.

17. GENERAL PROVISIONS

17.1 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

17.2 Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy incorporated by reference, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous understandings.

17.3 Assignment: You may not assign or transfer these Terms or any rights or obligations under them without the Company’s prior written consent. The Company may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets.

17.4 No Waiver: The Company’s failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

17.5 Force Majeure: The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control.

17.6 Notices: Notices to the Company must be sent to Traumalis, LLC, 8735 Dunwoody Place, Ste R, Atlanta, GA 30350, Attn: Legal, or to legal@traumalis.com. The Company may provide notice to you by email or by posting within the Service.

17.7 Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights, except that the affiliates and personnel identified in the definition of “Company” and in Section 11 are intended beneficiaries of the disclaimer, limitation of liability, and indemnification provisions.

17.8 Headings: Headings are for convenience only and do not affect the interpretation of these Terms.

18. ADDITIONAL POLICIES

Your use of the Service is also governed by our:

These policies are incorporated herein by reference and form part of these Terms of Use.

In the event of any conflict between these Terms of Use and any incorporated policy, these Terms of Use shall control unless the conflicting policy expressly states otherwise.