Terms of Service

Attuned Labs LLC

Effective Date: March 23, 2026 | Last Updated: August 23, 2026

1. Acceptance of Terms

By downloading, installing, accessing, or using the Follie mobile application (the "App"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Attuned Labs LLC, an Ohio limited liability company ("Company," "we," "us," or "our").

If you do not agree to these Terms, do not download, install, or use the App. Your continued use of the App following any modification to these Terms constitutes your acceptance of such modifications.

These Terms incorporate by reference our Privacy Policy and the Apple Licensed Application End User License Agreement.

2. Nature of the Service

2.1 Clinical Decision Support Tool

Follie is a mobile application that assists licensed healthcare professionals and healthcare professional students in preparing structured anesthetic plans. The App uses deterministic, rule-based logic to generate plan considerations based on user-inputted clinical parameters. The App does not use artificial intelligence, machine learning, neural networks, or large language models. All plan generation is performed entirely on the user's device using predefined clinical rules and reference data. The App provides:

• Rule-based anesthetic plan considerations generated from user-inputted patient and procedural data
• A reference library of anesthetic drug information, dosing ranges, and clinical pearls
• Clinical calculators (BMI, ideal body weight, estimated blood volume, allowable blood loss, MAC, ETT sizing, fluid calculations, and related tools)
• Quick-reference cards for clinical protocols, emergency drug dosing, airway assessment, ASA classification, NPO guidelines, neuraxial anticoagulation timing, and related educational materials
• Quick handoff tools for clinical documentation
• Multilingual medical phrase references for perioperative patient communication

2.2 Clinical Decision Support Software Classification

Follie is classified as Non-Device Clinical Decision Support (CDS) software under Section 520(o)(1)(E) of the Federal Food, Drug, and Cosmetic Act, as added by Section 3060 of the 21st Century Cures Act. The App meets all four statutory criteria for exclusion from the definition of a "device":

• Criterion 1: The App is not intended to acquire, process, or analyze a medical image or signal from an in vitro diagnostic device or other diagnostic device.
• Criterion 2: The App is intended for the purpose of displaying, analyzing, or printing medical information about a patient or other medical information, and for supporting or providing recommendations to a healthcare professional about prevention, diagnosis, or treatment of a disease or condition.
• Criterion 3: The App is intended for the purpose of enabling a healthcare professional to independently review the basis for the recommendations that the software presents so that it is not intended for the healthcare professional to rely primarily on any of such recommendations to make a clinical decision regarding an individual patient without independently reviewing the basis for such recommendations.
• Criterion 4 (Independent Review): The App uses transparent, deterministic, rule-based logic. All clinical considerations generated by the App are accompanied by visible reasoning, source references, and the underlying clinical rules that produced them. The healthcare professional can review the basis for every consideration, including the input parameters, the applicable rules, and the referenced clinical guidelines. The App is designed so that the user exercises independent clinical judgment and does not rely primarily on the App's output without independent verification.

2.3 Not a Medical Device

Follie is NOT a medical device and is not subject to FDA regulation as a device. The App does not diagnose, treat, cure, mitigate, or prevent any disease or condition. The App does not perform autonomous clinical decision-making. All output is presented as considerations for independent review by a qualified healthcare professional.

2.4 No Doctor-Patient Relationship

Use of Follie does not create a doctor-patient, provider-patient, or any other clinical relationship between you, the Company, or any third party. The App does not and cannot replace the professional judgment of a qualified healthcare provider.

2.5 Optional User Accounts and Cloud Sync

The App offers optional user account creation via Sign in with Apple and Sign in with Google. Account creation is not required to use the App. Users who do not create an account ("guest users") retain full access to the App's clinical, reference and study features, with that data stored locally on their device. Cloud sync and cross-device restore are the only capabilities that require an account.

Users who create an account may benefit from cross-device synchronization of their plans, case logs, favorites, and related data. Synced data is stored on servers operated by Supabase, a third-party infrastructure provider, as described in Section 10. Users may delete their account and all associated synced data at any time from within the App's Settings, as described in Section 15.

The App also collects anonymous crash reports via Sentry, a third-party error monitoring service, to improve App stability. Crash reports do not contain clinical data or personally identifiable information. See our Privacy Policy for details.

2.6 Games (Downtime)

The App's Settings include a "Downtime" section containing simple games, provided for recreation only. Games are not clinical decision support, are not reference material, are not study material, and form no part of the App's clinical function. Nothing in a game is a clinical statement, and no output of a game should be relied upon for any purpose relating to patient care. Games are described further in Section 7.7.

3. User Eligibility

The App is intended exclusively for use by:

• Licensed healthcare professionals, including but not limited to Certified Anesthesiologist Assistants (CAAs), Certified Registered Nurse Anesthetists (CRNAs), anesthesiologists, and other physicians
• Healthcare professional students enrolled in accredited programs, including Certified Anesthesiologist Assistant students, Student Registered Nurse Anesthetists (SRNAs), and anesthesia residents
• Other qualified healthcare professionals or students with relevant clinical training

You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you are either a licensed healthcare professional or a student enrolled in an accredited healthcare professional training program, and that you are at least 18 years of age.

The App may be used without creating an account. Account creation is optional and is available via Sign in with Apple and Sign in with Google. The App does not support email/password registration. Creating an account enables cross-device synchronization of your data but is not required to access any App feature.

4. Purchases, Subscriptions, and Refunds

4.1 Existing Purchasers

Follie was previously sold as a one-time paid download. If you purchased Follie before it became free to download, the App you bought remains yours. Access to the features included at the time of your purchase continues permanently, without a subscription and without any action on your part, on the platform where you purchased it and, when you sign in to an account, on your other devices.

The App is now free to download on both the Apple App Store and Google Play. Full access is available as described in Section 4.2.

A purchase made on either store is recognized on the other when you sign in to an account. You do not need to buy Follie twice to use it on both an Apple device and an Android device.

4.2 Subscriptions

Follie is free to download. Full access is offered as an auto-renewing subscription in two billing periods — monthly and annual — each providing the same access, or as the one-time Lifetime purchase described in Section 4.3. Subscriptions are available on both the Apple App Store and Google Play. Current prices are displayed in the App before purchase and vary by region.

New subscribers may be eligible for a 7-day free trial. Trial eligibility is determined by the applicable app store and is available once per Apple ID or Google account. If you subscribe during a free trial, any unused portion of that trial is forfeited at the time of purchase.

Payment is charged to your Apple ID or Google account at confirmation of purchase. Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period, at the price for the selected plan. You manage and cancel your subscription in your Apple ID Account Settings or your Google Play account settings; Attuned Labs LLC cannot cancel a subscription on your behalf. Subscription prices are subject to change with reasonable notice to subscribers, and any change applies only to future renewals.

4.3 Lifetime Access and Separately Sold Features

Follie Lifetime is a one-time purchase, not a subscription. It does not renew and cannot carry a free trial.

Some tools, content, and features may be offered as their own subscriptions rather than being included in the subscription described above. Where that applies, it is stated at the point of purchase. The availability, scope, and categorization of tools and features may change over time, and Attuned Labs LLC does not guarantee that any specific tool or feature will remain available indefinitely.

4.4 Payment Processing

All payments — including one-time purchases and subscriptions — are processed entirely by the Apple App Store or Google Play Store, as applicable. The Company does not receive, process, or store your payment card information, billing address, or other financial details. By making a purchase, you agree to the payment terms of the applicable app store.

The App includes the RevenueCat SDK, which manages in-app purchases and verifies subscription entitlements with the applicable app store. See Section 10 for details on third-party services.

4.5 Refund Policy

Because the App delivers digital content, all sales are final. One-time purchases are non-refundable except as required by applicable App Store or Play Store policies. Subscription refunds, if applicable, are governed by the respective platform's refund policies. The Company does not independently process refunds.

5. Acceptable Use

You agree to use the App only for its intended purpose as a clinical decision support and educational tool. You shall NOT:

• Use the App as the sole or primary basis for clinical decisions regarding any individual patient without independently reviewing and verifying the basis for the App's output
• Use the App if you are not a licensed healthcare professional or healthcare professional student
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Use the App to develop a competing product or service
• Circumvent, disable, or interfere with security-related features of the App
• Redistribute, sublicense, rent, lease, or lend the App or any portion thereof
• Use the App in any manner that violates applicable laws, regulations, or professional ethical obligations
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App
• Submit falsified, automated, scripted, or otherwise manipulated game scores, or interfere with the operation or integrity of any leaderboard
• Attempt to alter, select, or circumvent the leaderboard code assigned to your device, or to use a game or leaderboard to publish text or any other content of your own
• Use a game in any clinical area or at any time in a manner that interferes with patient care or violates your institution's policy on personal device use

6. Clinical Decision Support Disclosure

6.1 Rule-Based Logic

The App generates anesthetic plan considerations using deterministic, rule-based algorithms. The App does NOT use artificial intelligence, machine learning, deep learning, neural networks, large language models, or any form of probabilistic inference. Given the same inputs, the App will produce the same outputs every time. The clinical rules encoded in the App are derived from published medical literature, clinical guidelines, and standard pharmacology references.

6.2 Considerations, Not Directives

All output generated by the App is presented as clinical considerations for your independent review. The App's output does not constitute medical advice, prescriptions, orders, or definitive clinical recommendations. The word "consider" is used deliberately throughout the App to indicate that all suggestions require your independent clinical judgment before being applied to any patient.

6.3 Criterion 4 Compliance (Independent Review)

In accordance with the independent review requirement of Section 520(o)(1)(E) of the FD&C Act, the App is designed so that you can independently review the basis for every consideration the App presents. The App displays the clinical rules, input parameters, referenced guidelines, and reasoning behind each generated consideration. You are expected to exercise independent professional judgment and are not intended to rely primarily on the App's output without independently verifying its basis and applicability to your specific clinical situation.

6.4 Limitations

You acknowledge and agree that:

• The App's rule-based output may not account for every clinical variable relevant to a specific patient
• Drug dosing ranges, interactions, and clinical guidelines referenced by the App may not reflect the most current literature, institutional protocols, or FDA labeling at any given time
• The App does not have access to the patient's complete medical record and generates output based solely on the data you provide
• The App's clinical rules are updated periodically but may not reflect the most recent evidence at all times
• You bear sole responsibility for verifying any App-generated content before applying it in any clinical context

7. Reference Content, Study Aids, and Games

The App includes a built-in toolkit of drug references, clinical calculators, emergency drug dosing references, quick-reference cards, and multilingual medical phrase references. This content is compiled from widely published medical literature, standard pharmacology references, and published institutional health education materials. It is written in original language by the Company and is provided for informational and educational purposes only. It is not a substitute for clinical judgment, current drug labeling, or institutional protocols.

Drug dosing ranges shown in the App are informational. The App displays published ranges with weight-based mathematical relationships visible to the user for independent verification. Follie is not affiliated with or endorsed by any medical organization, professional society, pharmaceutical manufacturer, or regulatory body.

7.1 Multilingual Medical Phrases

The App includes a multilingual medical phrase reference feature that provides common perioperative phrases translated into multiple languages. This feature is a communication aid only and does not replace qualified medical interpreter services. The translations are sourced from and verified against published institutional health education materials, including government publications and hospital patient education documents. Each translated phrase includes in-text citations identifying the source reference.

You acknowledge and agree that:

• The multilingual phrase feature is not a substitute for professional medical interpretation services
• Translation accuracy may vary and the Company does not warrant that any translation is clinically appropriate for every situation, dialect, or regional variation
• You are responsible for complying with all applicable laws, regulations, and institutional policies regarding language access and the use of qualified medical interpreters, including but not limited to requirements under Title VI of the Civil Rights Act of 1964, Section 1557 of the Affordable Care Act, and Joint Commission standards
• The Company is not liable for any clinical outcome, miscommunication, or harm arising from the use of or reliance upon translated phrases
• Third-party source materials referenced in this feature are attributed in accordance with standard academic citation practices and remain the intellectual property of their respective authors and publishers

7.2 Geographic Applicability

All clinical content, drug references, dosing guidelines, and clinical protocols provided in the App are based on United States medical standards, guidelines, and regulatory approvals. Drug names, approved indications, dosing ranges, and clinical protocols may differ in other countries. Users outside the United States should verify all information against their local medical standards, institutional protocols, and regulatory requirements. The Company makes no representation that the content is appropriate or applicable outside the United States.

7.3 Follie Academy (Study Aids and Practice Questions)

Follie Academy is an optional study section containing practice questions, quizzes, progress tracking, and written study guides. It is provided for educational purposes only and is intended to supplement, not replace, formal coursework, textbooks, clinical training, or official preparation materials. Academy content is compiled from widely published medical literature and standard references and is written in original language by the Company. It reproduces no examination questions, content outlines, or copyrighted materials belonging to any examination provider.

7.4 No Affiliation with Certifying or Examination Bodies

Follie and Attuned Labs LLC are not affiliated with, endorsed by, sponsored by, or approved by any certification board, credentialing organization, examination provider, professional society, accrediting body, or profession. Any examination, credential, or organization name that appears in the App is used solely to describe the subject matter a study track is designed to cover. Such references are nominative and do not imply any relationship, endorsement, licensing arrangement, or approval. All trademarks are the property of their respective owners.

Where a study track is described as "exam-aligned," the subject weightings are the Company's own good-faith estimates based on domain emphasis published by the relevant organization. They are not official blueprints, are not provided or reviewed by any examination provider, and may not reflect the current content, structure, scoring, or emphasis of any examination.

7.5 No Guarantee of Examination Outcomes

The Company makes no representation, warranty, or guarantee that use of Follie Academy will result in passing any examination, obtaining any certification or credential, or achieving any particular score or outcome. Your results depend on factors outside the Company's control.

7.6 Beta Features and Study Progress

Portions of the App, including Follie Academy, may be offered as beta or early-access features. Beta features are provided "as is," may contain errors or incomplete content, may change substantially, and may be modified, suspended, or discontinued at any time without notice. Study progress, scores, and history recorded during a beta period may not carry over to a later release. Study data is stored locally on your device; you are responsible for exporting anything you wish to keep using the App's Backup & Restore feature.

Follie Academy content is compiled from published medical literature and standard references, which are cited on each question. It is study material rather than a clinical reference, and no representation is made that it has been reviewed or endorsed by any third party. Verify all clinical information, and all drug doses in particular, against current drug labeling and your institution's protocols before relying on it in patient care.

7.7 Games (Downtime)

The "Downtime" section of Settings contains games provided for recreation only. They are not clinical decision support, reference material, study material, or training material of any kind, and they are not represented as teaching anything. This Section applies to every game in that section, including games added in future releases.

A game may use imagery, names, colours, scenarios or terminology drawn from anesthesia practice. Any such element is a stylised game element chosen because it is recognisable, not because it is accurate. In particular:

• Colours, labels, and drug or class names as they appear in a game are not a labelling, identification, or dosing reference. Colour as rendered on a screen varies by device, display setting and ambient light, and is never a substitute for reading the actual syringe, vial, or ampoule label before administering any medication.
• Where a game's behaviour loosely echoes a pharmacological effect, that is gameplay. It is not a claim about any drug's action, onset, duration, indication, or safety.
• Scenario or level names referring to clinical situations describe the game, not a protocol, sequence, or standard of care.
• No game is a source for anything in this App's reference library, and nothing in a game has been clinically verified.

Games are not for use during patient care. You are responsible for complying with your employer's and institution's policies on personal device use in clinical areas, and for ensuring that your use of any game does not interfere with patient care, your professional obligations, or the obligations of anyone around you.

Games are provided "as is." They may be changed, suspended, or removed at any time without notice, and locally stored game progress and high scores may be reset or may not carry over between releases. Games require no additional purchase, and playing a game confers no entitlement to any prize, award, or consideration of any kind.

7.8 Game Leaderboards

A game may include a leaderboard showing scores from other players. Posting a score is optional and requires no account.

Leaderboard codes are assigned by the App, not chosen by you. The three-letter code attached to a score is generated at random on your device, screened against a blocklist, and cannot be typed, edited, or selected. Leaderboards accept no text, images, names, handles, or other material authored by a user, and therefore host no user-generated content. Scores are not linked to any account, and no entry identifies the player who posted it.

Scores are reported by the App on your device and are not verified by the Company. The Company makes no representation that any leaderboard is accurate, complete, or free of manipulation. The Company may remove any leaderboard entry, block any code from future use, reset a leaderboard, or discontinue a leaderboard entirely, at its sole discretion and without notice or explanation. Leaderboards are not a contest, competition, sweepstakes, or promotion, and no prize is offered.

Requests to remove a specific entry, and the information needed to locate one, are addressed in Section 1.8 of our Privacy Policy.

8. HIPAA and Protected Health Information

8.1 Data Processing

For guest users (those who do not create an account), all clinical data entered into the App is processed and stored entirely on the user's local device. No clinical data is transmitted to the Company's servers, to any third-party API, or to any external service.

For users who create an account and enable cloud sync, certain user-generated data — including anesthetic plans, case logs, and favorites — is transmitted to and stored on servers operated by Supabase, a third-party infrastructure provider. This synced data is de-identified and does not contain Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"). The App is designed so that users input clinical parameters (such as age, weight, and medical history categories) rather than patient-identifying information (such as patient names, dates of birth, medical record numbers, or Social Security numbers). The synced data, standing alone, does not identify any individual patient.

8.2 Not a Covered Entity or Business Associate

The Company is NOT a "Covered Entity" or "Business Associate" as defined under HIPAA and does not enter into Business Associate Agreements (BAAs). Follie is not designed or intended for use as a component of a covered entity's electronic health record system. The data synced to Supabase servers is de-identified and does not constitute PHI. The App's architecture is designed to avoid the transmission or storage of PHI, and the Company does not assume HIPAA obligations with respect to any data processed by the App.

8.3 User Responsibility

If you are a healthcare provider or student subject to HIPAA or institutional data security policies, you are solely responsible for ensuring that your use of the App complies with those requirements. This includes exercising appropriate judgment regarding what information you enter into the App, particularly on shared, institutional, or unsecured devices. You must not enter patient-identifying information (such as names, dates of birth, medical record numbers, or other direct identifiers) into the App, whether or not you have created an account.

9. Intellectual Property

9.1 Company IP

The App, including all software, content, design, text, graphics, logos, the Follie character and brand identity, clinical rule sets, reference data compilations, and all related intellectual property, is owned by Attuned Labs LLC and protected by copyright, trademark, trade secret, and other intellectual property laws. These Terms do not grant you any ownership interest in the App.

9.2 Feedback and Submissions

The App allows you to submit feedback, bug reports, and issue reports. Submitting feedback is voluntary. By submitting feedback you grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, modify, and incorporate that feedback into the App and its documentation for any purpose, without obligation, attribution, compensation, or confidentiality. You should not submit any information you consider confidential or proprietary, and you must not submit Protected Health Information or any patient-identifying details. You represent that any feedback you submit is your own and does not infringe the rights of any third party.

9.3 License Grant

Subject to your compliance with these Terms and upon completion of the applicable purchase, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, solely for your personal, educational, and professional use as a healthcare professional or healthcare professional student.

9.4 User Data

You retain full ownership and control of all clinical data, notes, and other content you enter into the App. For guest users, your clinical and study data is stored locally on your device and is not transmitted to the Company. The exceptions are feedback you choose to submit and a game score you choose to post, each of which is sent to us without any account identifier. For users who create an account, synced data is stored on Supabase servers to enable cross-device synchronization. The Company does not claim any ownership rights to your data, whether stored locally or synced to Supabase. You may delete your account and all associated synced data at any time from within the App's Settings, as described in Section 15.

10. Third-Party Services

The App integrates with the following third-party services:

• Apple App Store / Google Play Store — Distribution of the App and processing of purchase payments. Governed by Apple's and Google's respective terms and privacy policies.
• Expo EAS — Delivery of over-the-air application updates (JavaScript bundle downloads). No user data or clinical data is transmitted to Expo. Only technical metadata (device type, OS version, app version) may be transmitted for update delivery. Governed by Expo's terms and privacy policy.
• Supabase — Cloud infrastructure provider used for user authentication and cross-device data synchronization for users who create an account. Synced data (plans, case logs, favorites) is stored on Supabase-hosted servers. Guest users' clinical and study data is never transmitted to Supabase; the only things any user sends there without an account are feedback they choose to submit and a game score they choose to post, neither of which carries an account identifier. Governed by Supabase's terms of service and privacy policy.
• Sign in with Apple / Sign in with Google — Third-party authentication providers used for optional account creation. When you sign in, the authentication provider shares limited account information (such as a user identifier and, if you consent, your email address) with the App via Supabase. Governed by Apple's and Google's respective terms and privacy policies.
• Sentry — Error monitoring and crash reporting service. The App transmits anonymous crash reports and diagnostic data to Sentry to improve App stability. Crash reports do not contain clinical data or personally identifiable information. Governed by Sentry's terms of service and privacy policy.
• RevenueCat — In-app purchase management SDK included in the App. RevenueCat processes purchase verification and subscription entitlement management through the Apple App Store or Google Play Store. RevenueCat does not receive clinical data, health information, or App content. Governed by RevenueCat's terms of service and privacy policy.

The App does not integrate with any AI service, analytics platform, or advertising network. Your use of the above third-party services is subject to their respective terms and privacy policies. The Company is not responsible for the availability, accuracy, or practices of any third-party service.

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE COMPANY DOES NOT WARRANT THAT: (A) THE APP WILL MEET YOUR REQUIREMENTS; (B) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RULE-BASED OUTPUT WILL BE ACCURATE, COMPLETE, OR CLINICALLY APPROPRIATE FOR EVERY PATIENT OR SCENARIO; OR (D) ANY DEFECTS IN THE APP WILL BE CORRECTED.

11.2 Clinical Disclaimer

FOLLIE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT, TRAINING, OR CLINICAL EXPERIENCE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF ANY GENERATED PLAN CONSIDERATIONS FOR ANY SPECIFIC PATIENT OR CLINICAL SCENARIO. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF OR RELIANCE UPON THE APP'S OUTPUT. THE APP IS A SUPPLEMENTARY TOOL AND IS NOT INTENDED TO BE THE PRIMARY BASIS FOR ANY CLINICAL DECISION.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE APP.

11.4 Assumption of Risk

You expressly acknowledge that the practice of anesthesia involves inherent risks and that clinical decision-making requires consideration of factors beyond those captured by any software tool. You assume full responsibility for any clinical decisions made in connection with your use of the App.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its members, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or professional ethical obligation; (d) any clinical decision you make in connection with the App's output; or (e) your infringement or misappropriation of any third-party intellectual property or privacy rights.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles.

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the App shall first be submitted to good-faith negotiation between the parties. If the dispute is not resolved within thirty (30) days, either party may initiate binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in Ohio. Each party shall bear its own costs, and the arbitrator's fees shall be split equally.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Modifications to Terms

The Company reserves the right to modify these Terms at any time. If we make material changes, we will post the updated Terms on our website and update the "Last Updated" date. Material changes will also be noted in the App's release notes when applicable. Your continued use of the App after such changes constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue use of the App.

15. Termination

These Terms remain in effect for as long as you use the App. You may terminate by uninstalling the App from your device, which permanently deletes all locally stored App data. If you have created an account, you may delete your account and all associated synced data from within the App's Settings. Account deletion permanently removes all data stored on Supabase servers associated with your account, including synced plans, case logs, and favorites. You may also delete your account without uninstalling the App, or uninstall the App without deleting your account. If you uninstall the App without first deleting your account, your synced data will remain on Supabase servers until you reinstall the App and delete your account, or until you contact us to request deletion.

The Company may terminate or suspend the App's availability at any time. Upon termination, Sections 6, 8, 9, 11, 12, 13, and 16 shall survive.

16. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and the Apple Licensed Application End User License Agreement (or applicable Google Play terms), constitute the entire agreement between you and the Company regarding the App.

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

Waiver. The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment. You may not assign or transfer your rights under these Terms without the Company's prior written consent. The Company may assign its rights without restriction.

Force Majeure. The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, or disruptions to third-party services.

17. Contact Information

If you have questions or concerns about these Terms, please contact us:

Attuned Labs LLC
Email: follie@heyattuned.com
Website: https://heyfollie.com

BY USING FOLLIE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.