Terms of

_{Effective Date: 2 March 2025}

_{Last Updated: 2 March 2025}

^{Welcome to Strawberry Health (STRW Inc.). We provide at-home testing to help you understand your hormonal health. Our mission is to empower you with greater health awareness, though we do not provide medical diagnoses or treatment.}

^{These Terms of Service (the “Terms”) contain important information about your rights and responsibilities when using our Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. If you have questions, contact us at team@thestrawberry.app before proceeding.}

^{THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE REVIEW SECTION 10 CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.}

^{By accessing and using our Services - including our website, test kits, and AI insights - you confirm that you fully understand and agree to these Terms in their entirety.}

_{1. Definitions}

_{For purposes of these Terms:}

_{a. "Strawberry Health," "Company," "we," "our," or "us" refers to STRW Inc., a Delaware corporation operating in California.}

_{b. "You," "your," or "User" refers to any individual accessing or using our Services.}

_{c. "Services" refers to all products, features, content, and services provided by Strawberry Health, including but not limited to:}

• _{At-home hormone testing kits provided on a subscription basis;}
• _{Laboratory analysis of samples by CLIA- and CAP-certified third-party laboratories;}
• _{Licensed physician oversight of test orders and results;}
• _{AI-powered health insights for personalized wellness guidance;}
• _{Digital health concierge services and related tools.}

_{d. "Test Kit" refers to the FDA-cleared blood collection device used for self-administered sample collection.}

_{e. "Lab Partners" refers to independent CLIA- and CAP-certified laboratories that process user samples and generate test results.}

_{f. "AI Insights" refers to the AI-powered system that provides research-backed health explanations, insights, and recommendations.}

_{g. "Subscription" refers to the annual membership plan required to access Strawberry Health’s testing and insights.}

_{h. "Personal Information" refers to any data that identifies you, including but not limited to health information, test results, and contact details, as outlined in our Privacy Policy.}

_{2. Strawberry Health Does Not Provide Medical Services}

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

_{a. STRAWBERRY HEALTH DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL DIAGNOSIS, MEDICAL TREATMENT, OR ANY FORM OF MEDICAL OPINION THROUGH OUR SERVICES OR OTHERWISE. All materials, insights, and data provided through our Services are strictly for general informational purposes and are not intended to diagnose, treat, cure, or prevent any disease.}

_{b. OUR SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. We strongly recommend that you consult a licensed healthcare provider for all health-related questions, concerns, and treatment decisions. You covenant that you will not delay or ignore the advice of a qualified medical professional based on any information obtained through our Services. If you believe you are experiencing a medical emergency, call 911 immediately.}

_{c. USING OUR SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP. The physicians who oversee your test requests and results are independent professionals who operate under their own licenses, regulations, and professional judgment. You acknowledge and agree that:}

• _{Your use of our Services does not establish a patient relationship with any medical provider, laboratory, or Strawberry Health.}
• _{You have selected and engaged with your chosen medical providers independently and have not been referred or recommended by Strawberry Health.}

_{d. USE OUR SERVICES AT YOUR OWN RISK. To the fullest extent permitted by law, you acknowledge and agree that your reliance on our Services—including test results, AI-powered insights, and other health-related information—is at your own discretion and risk.}

_{3. Understanding Your Test Results & AI Insights}

_{a. Your test results may provide information that is unexpected, complex, or emotionally sensitive. While we aim to provide meaningful insights, your results may include findings that you did not anticipate. We strongly recommend that you review your results with a qualified healthcare provider to fully understand their implications.}

_{b. Test results are irreversible once received. If you choose to review your test results, you are committing to an awareness of the information provided. Consider speaking with a qualified healthcare professional before accessing your results if you are concerned about their potential impact.}

_{c. Blood sample collection involves certain risks. Collecting a blood sample may cause temporary discomfort, bruising, lightheadedness, fainting, infection, or excessive bleeding. If you are at an elevated risk for complications or have concerns about self-collection, consult a medical provider before proceeding.}

_{d. Lab results are subject to limitations. While we strive to facilitate accurate and reliable testing, you acknowledge that:}

• _{Your sample may yield incomplete or inconclusive results.}
• _{No laboratory test is 100% accurate, and variations may occur.}
• _{Strawberry Health does not guarantee the accuracy, completeness, timeliness, or usefulness of any test result.}

_{e. Exercise caution when sharing your test results. If you choose to disclose your results to a third party (such as a healthcare provider, employer, or insurance company), they may become part of your permanent health records and subject to different privacy and legal protections. We strongly advise against sharing your test results publicly (e.g., on social media).}

_{4. Eligibility & Use of Services}

_{a. Eligibility Criteria}

_{To access and use Strawberry Health’s Services, you must meet the following criteria:}

• _{You must be at least eighteen (18) years old and legally capable of entering into a binding agreement.}
• _{You must reside in the continental United States. At this time, Strawberry Health does not offer its Services outside of the continental U.S.}
• _{You must provide accurate, current, and complete information when creating an account and keep this information updated.}
• _{You may not use our Services on behalf of another individual. Each test kit and account are linked to a single user and cannot be transferred or shared.}
• _{You may not use our Services for commercial purposes, resale, or redistribution.}

_{Strawberry Health reserves the right to deny access to its Services to any individual or entity at its sole discretion, including but not limited to those who fail to meet these eligibility criteria or who violate these Terms.}

_{b. User Accounts}

_{To use Strawberry Health’s Services, you must create an account and agree to:}

• _{Maintain the confidentiality of your login credentials and not share your account with others.}
• _{Accept full responsibility for all activity conducted through your account.}
• _{Use only one account per person unless otherwise authorized in writing by Strawberry Health.}
• _{Ensure that your provided information remains accurate and up to date.}

_{If you suspect unauthorized access to your account, you must notify Strawberry Health immediately at team@thestrawberry.app.}

_{5. Sample Collection, Processing & Reporting of Test Results}

_{a. Sample Collection & Submission}

• _{You must follow all provided instructions for collecting and submitting your sample.}
• _{Sample collection must be self-administered using the provided FDA-cleared blood collection device.}
• _{You are responsible for timely shipping of your sample to the designated CLIA- and CAP-certified lab using the provided prepaid return packaging.}

_{b. Sample Sufficiency & Testing Issues}

• _{If your sample is insufficient or compromised due to a blood collection device, lab or shipping issue, Strawberry Health will replace your kit at no additional cost.}
• _{If your sample is insufficient or compromised due to improper collection or delayed shipping, you may purchase a replacement kit at a discounted price.}
• _{Testing turnaround time is typically 3-5 business days but may take up to 15 business days in cases of high demand, weather-related delays, or laboratory issues.}

_{c. Test Results & AI-Powered Insights}

• _{Test results will be reviewed and verified by a licensed physician.}
• _{Your results will be delivered digitally through our secure, HIPAA-compliant platform.}
• _{AI-powered insights will be generated based on research-backed health models but do not constitute medical advice, diagnoses, or treatment.}

_{d. Limitations & Disclaimers Regarding Test Results}

_{You acknowledge that:}

• _{Lab testing has inherent limitations. No test is 100% accurate, and results may occasionally be incomplete or inconclusive.}
• _{Your test results may yield unexpected or distressing findings. If you experience distress or require further medical interpretation, you should consult a qualified healthcare professional.}
• _{You are responsible for how you use and share your test results. Once you disclose your results to a third party (e.g., a doctor or employer), Strawberry Health cannot control how that information is used.}

_{6. Membership, Payments, & Refunds}

_{a. Subscription Model & Fees}

• _{Strawberry Health operates on an annual membership basis. By signing up, you agree to an automatic renewal of your subscription unless you cancel before the renewal date.}
• _{Additional testing beyond the annual membership may be purchased separately at published prices.}
• _{All payments must be made upfront using a valid payment method.}

_{b. Refund & Cancellation Policy}

• _{Once a test kit has been shipped, all sales are final. You are not eligible for a refund if you choose not to complete your test.}
• _{If you fail to return your sample, you are not entitled to a refund.}
• _{If you decide not to use a test kit immediately, you may store it for later use within the kit’s expiration period.}
• _{Strawberry Health does not accept insurance but accepts FSA/HSA payments.}

_{7. Privacy & Data Use}

_{Your privacy is important to us. By using our Services, you agree to our Privacy Policy, which explains how we collect, store, and protect your information.}

• _{Your test results and health data belong to you. You may request deletion of your results at any time.}
• _{Strawberry Health only shares necessary data with third-party service providers, including labs, logistics partners, and physician oversight providers.}
• _{We may use anonymized, tokenized data to support research in women’s health and improve our AI models.}

_{For full details, please review our [Privacy Policy].}

_{8. Restrictions on Use of Services}

_{You agree not to engage in any of the following activities while using Strawberry Health’s Services:}

• _{Impersonating another individual or misrepresenting your identity.}
• _{Attempting to tamper with, alter, or manipulate test results.}
• _{Reselling or redistributing test kits or accounts.}
• _{Using Strawberry Health’s insights as a substitute for professional medical care.}
• _{Disrupting, hacking, or interfering with our website, services, or data systems.}

_{Any violation of these restrictions may result in termination of your account and legal action.}

_{9. Limitation of Liability & Disclaimer of Warranties}

_{a. Acknowledgment of Risks}

_{By using Strawberry Health’s Services, you acknowledge and accept that laboratory testing, AI-generated insights, and digital health tools have inherent limitations, and results may not always be accurate, complete, or conclusive. You understand that biological variability, sample handling, laboratory procedures, and technological limitations may affect the accuracy, reliability, and interpretation of your test results.}

_{You further acknowledge that your test results may contain unexpected or distressing findings, and that certain results may have limited significance today but may take on greater meaning as scientific research evolves. You agree to use your results responsibly and to consult a qualified healthcare professional before making any medical or lifestyle decisions based on your test results.}

_{b. No Warranties Regarding the Accuracy, Completeness, or Suitability of Information}

_{To the fullest extent permitted by applicable law, Strawberry Health does not warrant or guarantee that:}

• _{The laboratory test results provided through our Services are completely accurate, comprehensive, or error-free.}
• _{The AI-generated insights and recommendations will be medically appropriate, beneficial, or suitable for you.}
• _{The Services will meet your expectations or desired health outcomes.}
• _{Our Services will be free from interruptions, delays, defects, or security breaches.}

_{Strawberry Health provides its Services on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranties. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement.}

_{c. Limitation of Liability}

_{To the fullest extent permitted by law, you agree that Strawberry Health and its Affiliates (including officers, directors, employees, contractors, licensors, and service providers) shall not be liable for any of the following, regardless of the cause of action or theory of liability (including negligence):}

• _{Any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of (or inability to use) our Services.}
• _{Any losses, injuries, or harm resulting from your reliance on laboratory test results, AI-generated insights, or any other content provided through our Services.}
• _{Any claims related to the timeliness, completeness, or interpretation of test results or the decisions you make based on them.}
• _{Any security breaches, unauthorized access, loss, or corruption of your data, except in cases of gross negligence or willful misconduct.}
• _{Any third-party actions, including errors by our partner laboratories, shipping carriers, telehealth providers, or other service providers.}

_{Strawberry Health’s total liability for any claim arising out of or relating to these Terms or your use of the Services shall not exceed the greater of:}

1. _{The amount you paid for the Service that gave rise to the claim in the twelve (12) months preceding the event giving rise to liability; or}
2. _{$100 USD.}

_{These limitations apply even if Strawberry Health has been advised of the possibility of such damages.}

_{d. Assumption of Risk & User Responsibility}

_{You agree that your use of Strawberry Health’s Services is entirely at your own risk. You assume full responsibility for:}

• _{How you interpret and act on your test results and insights.}
• _{Any decisions you make regarding your health, treatments, medications, or lifestyle changes.}
• _{Any medical consultations or second opinions you seek after receiving your test results.}

_{You further acknowledge that Strawberry Health is not responsible for your interactions with any third-party healthcare providers, laboratories, or insurers, and that any resulting claims must be pursued directly with those entities.}

_{e. Release of Liability}

_{To the fullest extent permitted by applicable law, you release and hold harmless Strawberry Health and its Affiliates from any and all claims, demands, losses, damages, or liabilities arising out of or related to:}

• _{Your use of or reliance on test results, AI-generated insights, or any content provided through our Services.}
• _{Your decision to undergo or forgo any medical treatment or intervention.}
• _{Any errors, delays, or omissions by third-party service providers, including laboratories, physicians, and logistics partners.}

_{10. Dispute Resolution & Arbitration Agreement}

_{a. Agreement to Arbitrate}

_{By using Strawberry Health’s Services, you and Strawberry Health agree to resolve any disputes exclusively through binding arbitration rather than in court. This arbitration agreement applies to:}

• _{Any claims arising out of or relating to these Terms, your use of the Services, or your interactions with Strawberry Health.}
• _{Any claims related to laboratory testing, AI-generated insights, payment disputes, alleged data breaches, or privacy violations.}
• _{Any claims based on contract, tort, statute, regulation, or any other legal theory.}

_{You understand that by agreeing to arbitration, you are waiving your right to bring a lawsuit in court or have a jury trial.}

_{b. Arbitration Process}

• _{Governing Rules: The arbitration shall be administered by JAMS under its Consumer Arbitration Rules.}
• _{Location: Arbitration shall take place in California, unless the parties agree to remote proceedings.}
• _{Arbitrator’s Authority: The arbitrator has exclusive authority to resolve any disputes related to the interpretation, enforceability, or scope of this arbitration agreement.}
• _{Arbitration Costs: If your claim is for less than $25,000, Strawberry Health will pay all JAMS fees, provided your claim is not frivolous. If your claim exceeds $25,000, arbitration fees shall be allocated per JAMS rules.}

_{c. Class Action Waiver}

_{To the fullest extent permitted by applicable law, you and Strawberry Health agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.}

• _{You waive any right to participate in a class action or mass arbitration.}
• _{If this class action waiver is found unenforceable, then the entire arbitration agreement shall be null and void.}

_{d. Small Claims Exception}

_{Either party may bring an individual claim in small claims court instead of arbitration if the claim qualifies under applicable small claims rules. However, if the claim is transferred or appealed to a higher court, it must proceed in arbitration.}

_{e. Opt-Out Right}

_{You may opt out of this arbitration agreement by sending a written notice to team@thestrawberry.app within thirty (30) days of accepting these Terms. Your opt-out notice must include:}

1. _{Your full name, email address, and mailing address.}
2. _{A clear statement that you wish to opt out of arbitration.}

_{If you opt out, you retain your right to litigate disputes in court, but you waive the benefits of arbitration.}

_{f. Severability}

_{If any part of this arbitration agreement is found unenforceable, the remaining provisions shall remain in effect. However, if the class action waiver is deemed unenforceable, this entire arbitration provision shall be void.}

_{g. Time Limitation on Claims}

_{To the fullest extent permitted by law, any dispute must be filed within one (1) year of the event giving rise to the claim. Any claim filed after this period is permanently barred.}

_{11. Miscellaneous Legal Provisions}

• _{Force Majeure: Strawberry Health is not responsible for service disruptions due to events beyond our control (e.g., natural disasters, labor strikes, supply chain failures).}
• _{Changes to Terms: We may update these Terms at any time. Continued use of our Services constitutes acceptance of any changes.}
• _{Severability: If any provision of these Terms is deemed invalid, the remaining provisions will remain in effect.}

_{12. Contact Information}

_{For questions about these Terms, contact us at:}

_{Email: team@thestrawberry.app}