Terms of Service

Welcome and thank you for your interest in Bevel! These Terms of Use (this “Agreement” or these “Terms”) describe the terms and conditions applicable to your use of https://www.bevel.health/ (the “Site”), the Bevel mobile application (the “Mobile App”), and your use of our services and software provided on our Site, Mobile App, or any services, content, communications, and product features relating to the Site and Mobile App and as set forth in these Terms (collectively with the Site and Mobile App, the “Services”). The Site and Mobile App are owned and operated by Finerpoint, Inc., and its affiliates and subsidiaries (collectively the “Company”, “we” or “us”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS BY USING OUR SERVICES.

These Terms of Use (this “Agreement” or these “Terms”)form a binding agreement between you as a user (“you” or “your”) and us and shall be the equivalent of a written paper agreement between you and us. The effective date of this Agreement is when you accept or are deemed to accept this Agreement as discussed below.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW THE BINDING ARBITRATION SECTION BELOW BEFORE ACCESSING OR USING OUR SERVICES.

We reserve the right to make modifications to these Terms at any time and for any reason. Please check these Terms regularly to ensure you are aware of any modifications made by us. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms of Use, you must immediately stop using our services.

1. Platform Services

Our Services include the following: (i) integrating user inputs from Apple Health accounts and other third-party providers of health data and information (hereinafter referred to as “Third-Party Sources”); and (ii) utilizing data from the Third-Party Sources to generate health scoring metrics and general reference information, facilitating users in accessing their health-related data and reference information conveniently through our Services. You acknowledge and consent to our discretion in modifying, updating, or otherwise altering these Services. Please be aware that the availability and functionality of Third-Party Sources are governed by their respective terms of use.

2. Artificial Intelligence Features

Certain features of the Services may use artificial intelligence or machine learning technologies to generate health scoring metrics, insights, recommendations, or other content (“AI-Generated Content”). You acknowledge and agree that: (a) AI-Generated Content is generated automatically and may contain errors, inaccuracies, or omissions; (b) AI-Generated Content does not constitute medical advice, diagnosis, or treatment and should not be relied upon as such; (c) the Company does not guarantee the accuracy, completeness, or fitness for any particular purpose of any AI-Generated Content; and (d) you assume all risk associated with your reliance on AI-Generated Content. The Company expressly disclaims all liability arising from your use of or reliance on AI-Generated Content. You should always consult a qualified healthcare professional before making any health-related decisions, regardless of any AI-Generated Content you receive through the Services.

3. Acknowledgement and Disclaimers

By using our Services, you acknowledge and agree to the following:

1. Our Services are for general health, fitness, and wellness information purposes only. You should not rely on this information as a substitute for, nor does it replace medical advice, diagnosis, or treatment. Nothing stated or posted on our Services or provided by us is intended to be, and must not be taken to be, the practice of medical, mental health, physical therapy, professional or counseling care. You acknowledge that information on our platform does not come from licensed medical doctors and that we do not diagnose or treat any illnesses, injuries or diseases, or prescribe medicine for treatment of any disease.
2. The Company is not a "covered entity" or "business associate" as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and the health information you provide through the Services is not protected health information subject to HIPAA protections. Your health data is governed by our Privacy Policy, not HIPAA. You should not use the Services to store or transmit information that you believe requires HIPAA-level protection.
3. The Services, including all information, text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, and other materials, whether provided by us or via Third-Party Sources, is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, or a (b) a visit, call, or consultation with your physician or other medical professionals.
4. Should you have any health-related questions, please call or see your physician or other medical provider promptly. You should never disregard medical advice or delay in seeking medical advice because of any information presented on the Services, and you should not use the Services or any information provided in the Services for diagnosing or treating a health problem. The transmission and receipt of Services, in whole or in part, or communication via the internet, email, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us.
5. You should always consult a physician before making any changes to your sleep or activity based on information provided through the Services, or if you have any questions regarding a medical condition. We are not responsible for any health problems that may result from information you learn about through the Services. If you make any change to your sleep or activity based on the Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body's responses. For example, if you feel unexpected, repeating, or long-term pain, or fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. The information in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.
6. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR RELEVANT EMERGENCY NUMBER IMMEDIATELY.

4. General

Subject to the terms of this Agreement, you are responsible for your use of the Services, and for any information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade-names (collectively, the “Content”) you post to the Services, any Content you access from the Services, and for any consequences thereof.

5. Privacy

By accessing or using the Services, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and our Privacy Policy (available at https://docs.bevel.health/privacy-policy) (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these terms and conditions, you may not use the Services. Any information that you provide to us is subject to the Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of your information as set forth in the Privacy Policy.

6. Cookie Consent and Tracking Technologies

‍The Site uses cookies and similar tracking technologies, including pixels, tags, and SDKs, to operate the Site and to support advertising and marketing activities. When you first visit the Site, you will be presented with a cookie consent banner that allows you to accept, decline, or customize your tracking preferences. Certain cookies that are strictly necessary for the Site to function are not subject to your opt-out preference. Your tracking preferences can be updated at any time through the cookie settings available on the Site. By affirmatively accepting tracking via the cookie consent banner, you consent to the collection and use of your information as described in our Privacy Policy. If you decline tracking cookies, certain advertising and personalization features of the Site may be limited or unavailable. Your use of the Site following your selection of tracking preferences constitutes your acknowledgment of and agreement to the tracking practices described in the Privacy Policy.

7. Accounts

‍Some Services offered by the Company require you to create an account. If you create an account, you agree that all the information you provide will be true and accurate, and that you have the authority to create the account. You are responsible for keeping your account information secure and confidential. You agree to inform us immediately if you suspect that your account or login information has been compromised. If you provide the Company an email address as part of an account creation, the Company may furnish you with written correspondence regarding your account and/or other Company related material, including promotional materials.

8. Eligibility

You may provide access to the Services to other users within your organization as authorized by us and/or by your subscription level to our Services in place from time to time (each, an “Authorized User”). You are solely responsible for Authorized User activities and interaction with the Services. You agree to ensure all Authorized Users are aware of all restrictions of use in these Terms, the Privacy Policy, and any other rules or requirements applicable to the Services. You agree to cause Authorized Users to comply with such provisions. You are solely responsible for all actions taken by and interactions with Authorized Users, including providing any disclosures governing an Authorized User’s interaction with the Services, and any applicable Privacy Policy or further obligations required by us or any applicable law. Any obligation imposed on you by these Terms shall be applicable to you and to any Authorized User.

By using our Services, you represent and warrant that you and each Authorized User:

• If an individual, are at least 13 years of age.
  
• Are legally qualified to enter a binding contract with us;
• Are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
• Are not on any list of individuals prohibited from conducting business with the United States;
• Are not prohibited by law from using our Services;
• Do not have more than one account on our Services; and
• Have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, we reserve the right to delete your account with us, to revoke all credentials held by you and any of your Authorized Users and to delete all Content uploaded by you to our Services. Failure to meet these minimum requirements may be grounds for the Company to deny you access to the Services. The Company shall have sole discretion to mandate, interpret, and enforce any such minimum requirements.

Users between the ages of 13 and 17 (“Minor Users”) may access only those features of the Services that do not constitute Age-Restricted Features. Minor Users may not purchase subscriptions, access sensitive health metrics, or use any other Age-Restricted Features.

9. Age Restricted Features

The following features and functionalities of the Services (collectively, "Age-Restricted Features") are available only to users who are 18 years of age or older

1. Any features that involve the collection, processing, or display of sensitive health metrics, including without limitation health records (such as medical documents and blood test results), cardiovascular data, reproductive health data, mental wellness indicators, or any other health data beyond basic fitness and activity tracking;
2. Any features involving the purchase of subscriptions, in-app purchases, or other financial transactions; and
3. Such other features as the Company may designate from time to time as Age-Restricted Features by posting notice through the Services.

The Company reserves the right, in its sole discretion, to determine which features constitute Age-Restricted Features and to modify this designation at any time. The Company may implement technical measures to verify user age and restrict access to Age-Restricted Features, but does not guarantee that all Age-Restricted Features will be effectively restricted in all circumstances. Users who misrepresent their age to access Age-Restricted Features assume all associated risks and liability, and the Company shall have no liability arising from such misrepresentation.

The Company does not knowingly collect personal information from children under the age of 13. If we become aware that a user under 13 has created an account or provided personal information without verifiable parental consent, we will take prompt steps to delete such information and terminate the account in accordance with the Children’s Online Privacy Protection Act and applicable law. If you believe a child under 13 has provided us with personal information, please contact us at hello@bevel.health.

10. Content

‍Our Services may enable you, or your Authorized Users to provide feedback, text, photos, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you, or your Authorized Users, grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. You are solely responsible for all Content that you, or your Authorized Users, provide and warrant that you either own it or are authorized to grant us the rights described in these Terms. You are responsible and liable if any of your, or your Authorized User’s Content violates or infringes the intellectual property or privacy rights of any third party.

You hereby represent and warrant that any Content you, or your Authorized Users provide:

• Is not created solely for the purpose of advertising or other commercial content, including company logos, links or company names;
• Does not contain spam, unwanted contact, or content that is shared repeatedly in a disruptive manner;
• Does not endorse or promote illegal or harmful activity, is not sexually explicit, violent, graphic, threatening, or harassing;
• Does not attempt to impersonate another person, account, or entity, including a representative of the Company;
• Is not illegal and does not violate another person's or entity's rights, including intellectual property rights and privacy rights;
• Does not contain another person's private or confidential information, including content that is sufficient to identify a listing's location.

In connection with Content, you further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us the necessary rights granted in these Terms. You agree to defend, indemnify, and hold us harmless for all damage or liability we incur because of your violation of this section.

11. Your Interactions with Other Users

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, AND YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT SCREENINGS OF ITS USERS, OTHER THAN AS SET FORTH IN THESE TERMS. THE COMPANY ALSO DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR INTERESTS, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY INJURY POTENTIALLY INCURRED BY ITS USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY SCREENINGS OF ITS USERS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.‍

12. Compliance with Laws

You agree to use the Services only for lawful purposes, and to conduct your business and any transaction that uses the Services, in accordance with all applicable laws and regulations, including all federal and state laws and regulations relating to taxes, banking, money laundering, securities and counterterrorism. You will not use the Services for any fraudulent or illegal activity.‍

13. Fees

‍In general, we make money by charging fees relating to use of our Services. By using our Services, you agree to pay all fees. Subject to applicable law and as authorized by our agreements with you, we reserve the right to adjust our pricing and fees at any time. We may offer you the opportunity to purchase subscriptions that provide access to the Services, certain content, or products for a specified period of time. Access to the Services, certain content, or products included in subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that are not working out as planned. You may purchase a subscription on a recurring basis disclosed to you prior to your purchase directly from the Company or through a third party by paying a subscription fee plus applicable taxes in advance. The features and content contained in the Mobile App may differ by country, language, relevant store, version or device. Certain subscription tiers may be subject to usage-based limitations on AI and other features ("Rate Limits"). The Company reserves the right to set, modify, or remove Rate Limits at any time and for any reason.

14. Referral and Rewards Program

1. Program Overview.The Company may offer a referral and rewards program (“Rewards Program”) that allows you to invite friends and family to join Bevel and earn rewards, such as in-app content, free months of Bevel Pro, or other benefits as determined by the Company from time to time. Participation in the Rewards Program is subject to these Terms and any additional terms or conditions we may publish in connection with the Rewards Program. The Rewards Program is void where prohibited by law. To participate, you must use a unique referral code or link provided to you through the Services. Rewards will be credited only after the referred individual has completed account registration and met any other qualifying actions specified in the applicable Rewards Program terms.
2. Eligibility and Verification. Participation in the Rewards Program is subject to verification by the Company. We reserve the right to verify the authenticity of all referrals before distributing any rewards. Referrals will only be considered valid where the referred user is a new Bevel user who has not previously created an account with us, completes the required registration process, and meets all other eligibility requirements as determined by the Company in its sole discretion. All participants in the Rewards Program must meet the minimum age requirement for use of the Services. You represent and warrant that any referred individual whose contact information you provide has consented to receive communications about the Rewards Program. The collection and use of information about referred individuals prior to their registration is governed by our Privacy Policy.
3. Prohibited Conduct. You may not abuse, manipulate, or exploit the Rewards Program in any way, including without limitation by creating fake or duplicate accounts, using automated tools or bots to generate referrals, engaging in spamming or other deceptive practices, or otherwise acting in bad faith or contrary to the intent of the Rewards Program. The Company's determination of whether any conduct constitutes abuse, bad faith, or a violation of the Rewards Program shall be final and made in the Company's sole discretion. We reserve the right to withhold, cancel, or claw back any rewards where we determine, in our sole discretion, that a participant has engaged in any prohibited conduct, without any liability to you and without any obligation to disclose our reasoning. You represent and warrant that you will only send referral invitations to individuals who have consented to receive such communications, and that you will not use the referral feature to send unsolicited commercial messages in violation of applicable law, including the CAN-SPAM Act or the Telephone Consumer Protection Act (TCPA).
4. Modifications and Termination. The Company reserves the right, in its sole discretion and at any time, to modify, suspend, or terminate the Rewards Program, or to change the nature, availability, or value of any rewards, with or without notice. Subject to advance notice as required by applicable law, any rewards earned prior to termination will be honored only to the extent they have already been redeemed, and unredeemed rewards may be forfeited upon termination of the Rewards Program.
5. No Cash Value. Rewards have no cash value and may not be sold, transferred, exchanged for cash, or redeemed for anything other than the specific benefit offered. Rewards are non-transferable except as expressly permitted by the Company. Notwithstanding the foregoing, to the extent any accumulated in-app credits or benefits may be characterized as stored value or gift cards under applicable state law, including unclaimed property and escheatment laws, such credits shall be subject to applicable law.
6. Tax Obligations. You are solely responsible for any tax obligations arising from your participation in the Rewards Program. The Company makes no representations regarding the tax treatment of any rewards and reserves the right to require you to provide tax information as a condition of receiving rewards. If the aggregate fair market value of rewards you exceed a certain amount that would require the Company to report such income, the Company may be required to report such rewards to the Internal Revenue Service and issue you a Form 1099-MISC. As a condition of receiving rewards with an aggregate fair market value exceeding applicable IRS reporting thresholds, if requested by the Company, you agree to provide the Company with a completed IRS Form W-9 (or IRS Form W-8BEN if you are not a U.S. person). The Company reserves the right to withhold rewards pending your timely submission of any required tax documentation.
7. Termination of Participation. We reserve the right to suspend or terminate your participation in the Rewards Program at any time and for any reason, including if we reasonably believe you have violated these Terms or acted contrary to the intent of the Rewards Program.

15. Subscriptions

The Company may offer users the ability to purchase a subscription for the Services through the Apple App Store, or other external services authorized by the Company (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

Automatic Renewal and Affirmative Consent. By completing a subscription purchase, you affirmatively consent to the automatic renewal terms disclosed at checkout, including the recurring billing amount, billing frequency, and cancellation procedures. You authorize the Company (or the applicable External Service) to charge your designated payment method on a recurring basis at the intervals disclosed, unless and until you cancel in accordance with the instructions provided below.

External Service Purchases and Subscriptions. If your External Service Purchase includes an automatically renewing subscription, then your external account associated with the External Service Purchase (“External Service Account”) will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.

To cancel a subscription. If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must cancel through the platform you used to purchase your subscription, as set forth below. Cancellation must be completed prior to the renewal date to avoid being charged for the next subscription period.

• If you subscribed through the Apple App Store: Cancellation is managed by Apple, not the Company. To cancel, open the Settings app on your device, tap your name at the top, tap Subscriptions, locate your Bevel subscription, and follow the instructions to cancel. You can also visit https://getsupport.apple.com for assistance.
• ‍If you subscribed through another External Service: Log in to the relevant External Service Account and follow that platform's instructions to manage or cancel your subscription.‍
• If you subscribed directly through us: You may cancel by visiting your account settings within the Bevel app or Site, or by contacting us at hello@bevel.health.

Deleting the Mobile App or your Bevel account does not cancel your subscription. You must follow the steps above to stop future charges.

California Residents. If you are a California resident, this section serves as a clear and conspicuous notice pursuant to California's Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606). Your subscription will automatically renew at the end of each subscription period at the then-current rate unless you cancel before the renewal date. The recurring charge amount, billing frequency, and cancellation instructions are disclosed to you at the time of purchase and are available in your account settings. You may cancel at any time by following the instructions in the "To cancel a subscription" section above. If you purchased through the Apple App Store, cancellation must be completed through your Apple ID settings. We will provide notice of any material changes to your subscription terms, including price increases, before they take effect, and will honor any cancellation made prior to the renewal date.

New York Residents. If you are a New York resident and have established an automatically renewing subscription for a period of one year or longer, we are required under New York General Obligations Law § 5-903 to provide you with advance notice of the upcoming automatic renewal. We will notify you no fewer than 15 days and no more than 45 days before the cancellation deadline for such renewal. This notice will be sent to the email address associated with your account and will include the renewal terms and instructions on how to cancel. By using our automatic renewal services, you consent to receive such notifications in compliance with applicable New York law.

Illinois Residents. If you are an Illinois resident, this section is provided pursuant to the Illinois Automatic Contract Renewal Act (815 ILCS 601/1 et seq.). Before your subscription automatically renews, we will provide you with clear and conspicuous written notice of the automatic renewal clause and your right to cancel. For subscriptions with an initial term of one year or longer that automatically renew for a period of one month or longer, notice will be provided no fewer than 30 days and no more than 60 days before the cancellation deadline. To cancel, follow the instructions in the "To cancel a subscription" section above.

Delaware Residents. If you are a Delaware resident, this section is provided pursuant to 6 Del. C. § 2731 et seq. For any subscription with a term of one year or more that automatically renews for a term of one month or more, we will provide written notice of the upcoming renewal no fewer than 30 days and no more than 60 days before the cancellation deadline. This notice will be delivered to the email address on file for your account and will include cancellation instructions.

Oregon Residents. If you are an Oregon resident, this section is provided pursuant to ORS § 646A.295. Automatic renewal terms were disclosed to you prior to purchase. You may cancel your subscription at any time using the instructions provided in the "To cancel a subscription" section above. For subscriptions of one year or longer, we will provide advance notice of the upcoming renewal before the cancellation deadline in accordance with Oregon law.

Texas Residents. If you are a Texas resident, this section is provided pursuant to Texas Business & Commerce Code § 601.001 et seq. For subscriptions with a term of one year or more that automatically renew, we will provide you with written notice of the renewal no earlier than 90 days and no later than 30 days before the cancellation deadline. Notice will be sent to the contact information associated with your account. To cancel your subscription, follow the instructions in the "To cancel a subscription" section above.

Utah Residents. If you are a Utah resident, this section is provided pursuant to Utah's Automatic Renewal Contracts Act (Utah Code § 13-70-201), effective January 1, 2025. For any subscription that automatically renews for a subsequent term longer than 45 days, we will provide you with a clear and conspicuous notice no fewer than 30 days and no more than 60 days before the renewal date. That notice will disclose: (a) the renewal date; (b) the total renewal cost; and (c) your options for canceling the subscription. If your subscription includes a free trial period, we will notify you at least three days before the trial expires, disclosing the trial expiration date, the price that will be charged upon expiration, and how to cancel. To cancel, follow the instructions in the "To cancel a subscription" section above.

Renewal and Material Change Notices. Where required by applicable law, we will provide advance notice of (i) upcoming automatic renewals, or (ii) any material changes to subscription terms, including price increases, in the manner and timeframe required by law. Continued use of the subscription after the effective date of any disclosed change constitutes acceptance of the updated terms, except where cancellation is required to accept such changes under applicable law.

Chargebacks and payment reversals. If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, the Company may terminate or downgrade your account immediately in its sole discretion, on the basis that you have determined that you do not want a Company paid subscription.

Charge Disputes. If you dispute any charge made in connection with the Services, you must notify us within thirty (30) days after the date of the disputed charge by contacting us at hello@bevel.health. Failure to notify us within this period shall constitute your acceptance of the charge.

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16. Your License to the Services

Subject to your payment of applicable fees and continued compliance with this Agreement and any separate agreements we may have with you, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access the Services as authorized in these Terms. Except for the limited license to access the Services identified in the preceding paragraph, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring to you, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property of the Company, our third-party service providers or any other third party, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos or applications therefor in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.

17. Restrictions On Use

You agree that you will not:

1. distribute the Services for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Services by way of the press or media or through any commercial network, cable or satellite system;
2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Services in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
3. permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third party to access the Services;
4. probe the vulnerability of the Services and any system or network;
5. breach or otherwise circumvent any security or authentication measures;
6. access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;
7. access, search, or create accounts for the Services by any means other than our publicly supported interfaces;
8. promote or advertise products or services other than your own without appropriate authorization;
9. circumvent storage space, usage, or transaction limits for improper means, including attempting to circumvent our fees;
10. publish or share materials that are unlawful or indecent, or that contain extreme acts of violence or terrorist activity;
11. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
12. harass or abuse our personnel or representatives or agents performing services on behalf of the Company;
13. storing, publishing or sharing material that is fraudulent, defamatory, or misleading; or
14. violate the law in any way.

18. License Grant to Your Content

‍Except for your non-public personal information, you hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to use, display, reproduce and store any Content or other information you provide on or through the Services or which is sent to the Company by email or other correspondence. The Company shall not be obligated to provide you compensation of any sort for such license. The Company is not subject to any obligations of confidentiality regarding any such Content or information unless specifically agreed to by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

19. Suspension of Transactions and Services

‍Without limiting our ability to terminate under this Agreement or our right to change, modify, suspend or discontinue the Services at any time as set forth elsewhere in these Terms, we also reserve the right to cancel or suspend transactions and/or our Services due to fraud or compliance-related concerns.

20. Third-Party Links and Services‍

Our Services may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. The Company does not recommend or endorse any of the content, including without limitation any hyperlinks to, or content found, on other websites. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service. The Company will not be responsible for any damages you or any third party may suffer because of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.

21. Feedback

If you or any of your Authorized Users sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback and any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, without any attribution or compensation to any party, although we are not required to use any Feedback.

22. Beta Services

You may choose to use Services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings (“Beta Services”) in your sole discretion. If you choose to use any Beta Services, you acknowledge and agree that: (a) Beta Services may not be supported and may be changed at any time without notice; (b) Beta Services may not be as reliable or available as the Services; (c) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected; and (d) WE WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK. In exchange for using Beta Services, you acknowledge and agree that we may contact you or your Authorized Users to obtain feedback regarding Beta Services. Beta Services are confidential until officially launched by us. You agree to take reasonable measures to keep information regarding the Beta Services confidential, including at least those measures you take to protect your own confidential information of a similar nature. You agree not to disclose information regarding Beta Services to any third parties and will keep new features and functionality confidential until officially launched by us. You may disclose information regarding Beta Services to the extent required by law or regulation if you give us reasonable advance written notice, to the extent permitted, so we can seek to prevent or limit the disclosure.

23. Assumption of Risks; Release

1. You understand, acknowledge, and freely assume all risks, including physical, psychological and emotional risks (whether or not foreseeable to us or you), relating to your access or use of our Services. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, physical, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the access or use of our Services.
2. You understand and acknowledge there is no guarantee that personal information and transactions on our Services or on the internet will be maintained confidential and secure. Your access or use of the Services is at your own risk, and that to the maximum extent permitted by applicable law we assume no liability or responsibility pertaining to our Services, your use of the Services or the receipt, storage, transmission or other use of your personal information.
3. By accessing or using our Services, you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, us from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to your access or use of our Services.
4. California Residents. To the maximum extent permitted by law, if you are a California resident, then you expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or dca@dca.ca.gov of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.

24. Indemnity

You always agree to indemnify, defend and hold harmless the Company, its agents, suppliers, licensors, affiliates and their respective directors, officers and employees (collectively, the “Indemnified Parties”) against all losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) sustained, incurred or paid by any Indemnified Party directly or indirectly resulting from, arising out of, relating to or in connection with: (i) violation of these Terms by you, any Authorized User or other person using your account or credentials; (ii) your or any Authorized User’s access to or use of the Services, (iii) any information used, stored, or transmitted in connection with your account or credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights, by you, any Authorized User or anyone using your account or credentials; or (v) violation of any law, regulation, or other legal requirement. This paragraph is intended to be applicable to the maximum extent allowed by law.

25. Limitations on Liability and Disclaimers

1. NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH YOU, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
2. NO SPECIAL DAMAGES. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
3. ADDITIONAL LIMITATION. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE SERVICES; ANY OTHER WEBSITE ACCESSED TO OR FROM THE SERVICES; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
4. AGGREGATE LIABILITY. IN NO CASE WILL THE COMPANY, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS' AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY FOR ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING UNDER OR RELATING TO THE SITE OR OUR OFFERINGS BE MORE THAN THE VALUE OF THE FEES ACTUALLY PAID TO US BY YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THE SITE, OUR OFFERINGS, OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURS. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

26. Term and Termination

1. We may, at any time and in its sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of our Services, either temporarily or permanently.
2. The Company reserves the right to immediately suspend or terminate the account of any user who is determined to be accessing Age-Restricted Features despite being ineligible for such features, or who has misrepresented their age in connection with the Services.
3. At any time and in our sole discretion, without prior notice, and without any liability to you, we may (i) cancel or deactivate your account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to any or all of Services for any reason or for no reason. We are under no obligations to disclose its reason for any termination or suspension of the Service to you or generally.
4. In the event of any termination of this Agreement, discontinuation of all Services, or termination of your right to access all Services: (i) all fees and amounts payable to us by you shall immediately become due, (ii) we may delete any of your user data without any liability to you, provided that we also reserve the right to retain your user data for seven (7) years following termination; and (iii) we may cancel any open order, trades, or transactions that are pending at the time of the termination of your right to access all Services or discontinuation of the Services. We reserve the right to retain aggregated anonymized user data for longer to improve Services, prevent fraud and produce aggregated statistics.
5. The provisions of these Terms relating to indemnification, our limitations of liability and disclaimers, your warranties and any other provisions which by their terms should reasonably survive termination, shall survive termination of the Services or this Agreement.

27. Separate Agreement‍

From time to time, we may enter into separate agreements to govern your use of the Services. Except otherwise replaced by the terms of such separate agreements, these Terms shall govern and control with respect your use of the Services.

28. Notices‍

We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site, Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number, SMS or text message or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. If we choose to notify you through electronic communication, you agree to receive such communications, including but not limited to our applicable policies, statements, reports, invoices, receipts, disclosures, legal or regulatory statements or documents via electronic delivery.

29. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH US. If you have a dispute with us, we will first seek to resolve such a dispute through our support team.

Except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of intellectual property, copyrights, trademarks, trade names, logos, trade secrets or patents, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by binding arbitration. The location of the arbitration will be determined by the Company to be in either (i) the state of your residence or (ii) the county and state of our chosen legal counsel at the time of the dispute. The arbitration will be administered by the American Arbitration Association (the “AAA”) in accordance with its Consumer Arbitration Rules. Disputes will not be resolved in any other forum or venue. You agree that any arbitration will be conducted by a sole arbitrator. Pre-arbitration discovery will be limited to the greatest extent provided by the rules of AAA. Notwithstanding any other rules, no arbitration proceeding brought against the Company will be consolidated with any other arbitration proceeding without the Company’s written consent. Judgment may be entered upon any award granted in any arbitration in any court of competent jurisdiction in the county and state in which the Company maintains its principal office at the time the award is rendered, in the county and state where the Company is organized or incorporated or in any other court having jurisdiction. The arbitrator may, in the award, allocate reasonable attorneys’ fees, and costs against a party where the arbitrator determines that such party’s claim or counterclaim was filed for purposes of harassment or is patently frivolous.

NOTICE. BOTH YOU AND THE COMPANY ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THESE TERMS, BOTH YOU AND THE COMPANY ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THESE TERMS. BY AGREEING TO ARBITRATION, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. THIS ARBITRATION AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS TO THE EXTENT APPLICABLE, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. BOTH YOU AND THE COMPANY CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms shall be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive or other equitable relief in a court of law to address an intellectual property infringement claim or other irreparable harm; or (d) file suit in a court of law to address an intellectual property infringement claim.

Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within thirty (30) days after the date that you first agree to these Terms by sending written notice to Finerpoint, Inc., c/o: Legal Department – Arbitration Opt-Out, 224 W 35th St Ste 500, #2473, New York, NY 10001, that specifies: your full legal name, the email address associated with your account or purchase, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once the Company receives your Opt-Out Notice, this Section will be void as to you, and any action arising out of these Terms will be resolved as set forth in the Section titled “Governing Law.” The remaining provisions of these Terms will not be affected by your Opt-Out Notice. Opting out of arbitration has no effect on any other terms of this Agreement.

Modifications to Arbitration Provision. If the Company makes any future substantive change to this arbitration provision, you may reject the change by sending written notice to the Company within thirty (30) days of the change at the address set forth in the Opt-Out provision above, in which case this arbitration provision as in effect immediately prior to the change you rejected will govern any dispute between you and the Company.

Informal Dispute Resolution. Disputes between you and the Company can often be resolved without formal proceedings. Before initiating arbitration or filing in small claims court, you and the Company agree to make a genuine, good-faith effort to resolve any dispute informally ("Informal Dispute Resolution"). The goal is a timely and mutually acceptable resolution reached without the expense of formal proceedings.

Notice Requirement. To begin the Informal Dispute Resolution process, the party raising the dispute must provide written notice to the other party ("Dispute Notice"). Dispute Notices to the Company should be directed to: Finerpoint, Inc., Attention: Legal Department, 224 W 35th St Ste 500, #2473, New York, NY 10001. Each Dispute Notice must include: (1) your full name, phone number, mailing address, and the email address associated with your account (if applicable); (2) the name, phone number, mailing address, and email address of your legal counsel, if you are represented; and (3) a clear description of the nature of the dispute and the specific remedy or relief you are seeking. When the Company initiates a Dispute Notice, it will be sent to the email address or mailing address we have on record for your account. You are responsible for keeping your contact information current and accurate. The Dispute Notice must be signed by the party initiating the process, either by you personally or by an authorized Company representative, as applicable.

Dispute Conference. As part of the Informal Dispute Resolution process, either party may request a telephone conference to discuss the dispute ("Dispute Conference"). If you are represented by counsel, your attorney may join the Dispute Conference, but your personal participation is also required. Each Dispute Conference is individualized: a separate conference must be held for each distinct dispute that is initiated, even where the same counsel or organization represents multiple users raising similar claims, unless all parties expressly agree otherwise. Multiple users may not be combined into a single Dispute Conference without unanimous consent of all parties involved.

Timing and Tolling. The Informal Dispute Resolution process runs for 30 days from the date a complete Dispute Notice is received and must be completed before either party may commence arbitration or file in small claims court. This 30-day period is a mandatory precondition to formal proceedings. Any applicable statutes of limitations and filing deadlines are tolled for the duration of the Informal Dispute Resolution process.

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30. Governing law

This Agreement shall be governed pursuant to the laws of the State of New York, USA, without regard to principles of conflict of laws. you agree that the Company may initiate a proceeding related to the enforcement or validity of the Company’s intellectual property rights in any court having jurisdiction. With respect to any proceeding that is not subject to arbitration under this Agreement or policies incorporated herein, you agree that any proceedings shall be in the federal or state courts located in New York. You waive any objection to venue and to submit to personal jurisdiction in any such courts.

31. Interpretation

‍The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

32. Entire Agreement

This Agreement as it may be amended from time to time in accordance with these Terms, and all other legal notices and policies on this website, constitutes the entire agreement between you and the Company with respect to the use of the Services.

33. Amendment and Waiver

‍The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this website. You are responsible for periodically reviewing the amendments on this website, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this website. Access to this website or use of this website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

34. Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

35. Inurement

‍This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

36. Assignment

You shall not assign or transfer any of your rights or obligations under this Agreement without our prior written consent, which we may withhold at our sole and absolute discretion. Any actual or attempted assignment hereof by you contrary to the terms of this Agreement shall be null and void. We may, at its discretion, assign some or all our rights or obligations to a third party, without your consent or approval. If we are acquired by, sold to, or merged with a third-party entity, we reserve the right to transfer or assign all your user data as part of such merger, acquisition, sale, or change of control.

37. Jurisdictional Limitations

The Site is controlled and operated by the Company from its principal place of business in New York. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with applicable local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, certain provisions of these Terms may not apply to you in those jurisdictions; all other provisions remain in full force and effect.

38. Support

Please direct questions, complaints, or issues to hello@bevel.health. Hours of support are Mon to Fri 10:00 am—6:00 pm ET.