Terms of Service

1. Acceptance of Terms

By accessing or using Clair's wearable device, mobile application, and website (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

2. Description of Services

Clair provides a wearable health device and associated software that tracks various physiological metrics to provide insights into hormonal health, menstrual cycles, and metabolic health. Our Services include:

• Wearable device with multi-modal biometric sensors
• Mobile application for data visualization and personalized insights
• On-device AI processing for hormone predictions
• Optional encrypted cloud backup with zero-knowledge architecture
• Voice assistant for health questions (processed locally on your device)

4. Medical Disclaimer

IMPORTANT: Clair is a general wellness device and is NOT a medical device. Our Services are not intended to diagnose, treat, cure, or prevent any disease. The information provided by Clair should not be used as a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information provided by Clair.

Clair should not be used for contraceptive purposes or as a sole method of fertility planning.

5. User Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

6. Account Registration

To use certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use
• Keep your cloud backup passphrase secure (if enabled); we cannot recover it if lost

7. Your Data Rights and Responsibilities

Because Clair uses a local-first architecture:

• You are responsible for backing up your data. If you do not enable cloud backup and lose your device, your health data cannot be recovered.
• You control data deletion. You can delete all your data at any time through the app. This deletion is permanent and cannot be undone.
• You can export your data. You have the right to export your data in standard formats at any time.
• Cloud backup passphrase is your responsibility. If you enable cloud backup and forget your passphrase, we cannot decrypt or recover your data. This is an intentional privacy protection.

8. Research Participation

Clair offers optional research participation to advance women's health:

• Participation is voluntary. By default, none of your data is shared for research purposes.
• You choose your participation level. You can contribute anonymous statistics, participate in federated learning (where only model improvements are shared, not your data), or join specific research studies.
• You can withdraw at any time. Changing your participation level or withdrawing does not affect your use of the Services.
• Research studies require separate consent. If you join a specific research study, you will be asked for explicit consent with full information about the study.

9. Device Use and Care

You agree to:

• Use the device only as instructed in our user manual and app guidance
• Not modify, tamper with, or reverse engineer the device
• Keep the device clean and properly maintained
• Not share your device with others (each person should have their own device)
• Report any device malfunctions through our support channels
• Follow all safety instructions for charging and wearing the device

10. Subscription Terms

Access to certain features requires a paid subscription. Terms include:

• Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
• You may cancel at any time through your account settings or app store
• Refunds are subject to the applicable app store's refund policy
• We reserve the right to modify subscription fees with 30 days advance notice
• Early access members receive promotional pricing as specified in their offer
• Core functionality (local data storage and on-device AI) remains available even without subscription

11. Intellectual Property

All content, features, and functionality of our Services are owned by Clair Health Inc. and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute our proprietary technology, algorithms, or AI models
• Use our trademarks without written permission
• Reverse engineer our software, device firmware, or AI models
• Create derivative works based on our Services
• Extract or attempt to extract the weights or architecture of our AI models

Your Data: You retain all rights to your personal health data. Clair claims no ownership over the health information you generate or store using our Services.

12. Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose
• Attempt to gain unauthorized access to our systems or other users' data
• Interfere with or disrupt the Services
• Upload malicious code or attempt to compromise device security
• Use the Services to harass, abuse, or harm others
• Impersonate any person or entity
• Use the Services in any way that could damage Clair's reputation
• Resell or commercially exploit the Services without authorization

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAIR HEALTH INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits or revenue
• Lost data (including health data lost due to device loss or forgotten passphrase)
• Personal injury or health outcomes based on information provided by the Services
• Damages arising from unauthorized access to your device

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties that the Services will be uninterrupted or error-free
• Warranties regarding the accuracy of health predictions or insights
• Warranties that the device will be compatible with all smartphones

The Clair device hardware is covered by a separate limited warranty provided with the device.

15. Indemnification

You agree to indemnify, defend, and hold harmless Clair Health Inc. and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any health decisions you make based on information from the Services

16. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms.

You may terminate your account at any time by:

• Deleting your data and account through the app settings
• Contacting us at legal@wearclair.com

Upon termination, your local data remains on your device until you delete it. Any cloud backup data will be deleted within 30 days of account termination.

17. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes at least 30 days in advance via email and in-app notification. Your continued use after such changes constitutes acceptance of the modified Terms.

18. Dispute Resolution

Any disputes arising from these Terms or your use of the Services will be resolved as follows:

• Informal Resolution: We encourage you to contact us first to resolve any issues informally.
• Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association.
• Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class action lawsuits.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal proceedings will take place in the state or federal courts located in San Francisco County, California.

20. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

21. Contact Information

For questions about these Terms, please contact us:

Email: legal@wearclair.com