Terms of Service

By accessing, browsing, or using the HerbOS platform ("the Platform," "Service," or "HerbOS"), whether through our website at herbos.app, our mobile-optimized web application, or any associated APIs, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), together with our Privacy Policy (incorporated herein by reference). If you do not agree to these Terms in their entirety, you must immediately discontinue all use of the Platform. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and HerbOS ("we," "us," or "our"). Your continued use of HerbOS after any modifications to these Terms constitutes your acceptance of the revised Terms. We will provide notice of material changes as described in Section 27. By creating an account or using any paid features, you further acknowledge that you are entering into a binding subscription agreement subject to the billing, cancellation, and refund provisions set forth herein.

HerbOS is a web-based herbal medicine education, research, and practice management platform. The Platform provides the following features and capabilities, which may vary by subscription tier: • Herb Database — A curated library of 568+ herbs with monographs covering traditional uses, bioactive compounds, pharmacological actions, safety profiles, and citations to published scientific literature • Research Feeds — Aggregated research articles from PubMed, ClinicalTrials.gov, and other scientific databases, with configurable alerts and weekly digest emails • Herb-Drug Interaction Checker — A reference tool for evaluating potential interactions between herbs and pharmaceutical drugs, based on published pharmacological data • Protocol Tracker — Tools for creating, managing, and tracking herbal protocols over time • AI-Powered Chatbot — An artificial intelligence assistant for educational queries about herbs, compounds, and traditional medicine (see Section 14 for important disclaimers) • Educational Content — Quizzes, learning modules, and structured educational pathways • Practice Management Suite — Client management, appointment scheduling, intake form builder, invoicing, and SOAP note drafting for verified practitioners • Telehealth Video — Video consultations powered by LiveKit with end-to-end encryption (E2EE) for verified practitioners. Video streams are encrypted client-side before transmission; HerbOS servers cannot access the content of encrypted video sessions (see Section 12) • Encrypted Messaging — End-to-end encrypted (E2EE) messaging between practitioners and clients (see Section 13) • Client Portal — Token-based, login-free access for practitioners' clients to view shared protocols, appointments, and intake forms (see Section 11) • Gamification System — Points-based reward system with discount tiers for continued engagement • Brand Partner Portal — Dashboard, analytics, referral tracking, and product management for brand partners HerbOS is an educational and research tool. The Platform does NOT provide medical advice, diagnosis, or treatment recommendations. See Section 16 (Medical Disclaimer) for full details.

You must meet the following eligibility requirements to use HerbOS: • You must be at least 18 years of age to create an account or use any features of the Platform • You must have the legal capacity to enter into a binding agreement in your jurisdiction • You must not have been previously suspended or removed from the Platform • If you are using the Platform on behalf of an organization (such as a clinic, practice, or brand), you represent and warrant that you have authority to bind that organization to these Terms We do not knowingly collect personal information from individuals under the age of 18. If we learn that a user is under 18, we will promptly terminate their account and delete associated personal data. If you believe a minor has created an account, please contact us at legal@herbos.app. Note: Prior versions of these Terms permitted users aged 13 and older. As of March 11, 2026, the minimum age requirement has been raised to 18. Existing users under 18 must discontinue use of the Platform.

To access certain features of the Platform, you must create an account using email/password authentication, Apple OAuth, or Google OAuth. By creating an account, you agree to: • Provide accurate, current, and complete registration information • Maintain and promptly update your account information if it changes • Maintain the security and confidentiality of your account credentials, including your password • Not share your login credentials with any other person • Accept full responsibility for all activity that occurs under your account, whether or not authorized by you • Notify us immediately at support@herbos.app of any unauthorized use of your account or any other breach of security • Log out of your account at the end of each session, particularly on shared or public devices HerbOS is not liable for any loss or damage arising from your failure to maintain the security of your account credentials. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms. You may not create multiple accounts for the purpose of circumventing tier restrictions, abusing free trials, or evading account suspensions.

HerbOS offers the following subscription tiers, each with distinct feature access: • Free Tier — Access to basic herb library, limited interaction checking, Tier 1 research articles, educational quizzes and learning modules, and up to 5 AI chatbot queries per day. No payment required. • Essential Tier — Full herb monographs, full interaction checker, Tier 1-3 research articles, up to 20 AI chatbot queries per day, PDF exports, and weekly research digests. Available as monthly or annual billing. • Scholar Tier — All Essential features plus protocol tracker, all research tiers with alerts, up to 100 AI chatbot queries per day, and advanced compound data. Available as monthly or annual billing. • Professional Tier — All Scholar features plus unlimited AI chatbot queries, full practice management suite (client management, scheduling, SOAP notes, intake forms, invoicing, telehealth, encrypted messaging, client portal), and accounting sync with QuickBooks and Xero. Requires practitioner verification for clinical features. Available as monthly or annual billing. All payments are processed securely through Authorize.net. HerbOS does not store your full credit card number on our servers. Your payment profile is securely managed by Authorize.net's Customer Information Manager (CIM). Subscriptions auto-renew at the end of each billing cycle (monthly or annually) at the then-current rate unless cancelled before the renewal date. We will provide at least 30 days' notice of any price increases. Applicable taxes may apply based on your jurisdiction.

HerbOS may offer free trial periods for paid subscription tiers. The following terms apply to all free trials: • Free trial duration is 30 days from the date of enrollment unless otherwise stated at the time of sign-up • You must provide valid payment information to start a free trial • You will not be charged during the trial period • At the end of the trial period, your subscription will automatically convert to a paid subscription at the applicable rate unless you cancel before the trial expires • You will receive a reminder email at least 7 days before your trial ends • Each user is eligible for one free trial per subscription tier • Creating multiple accounts to obtain additional free trials is prohibited and may result in account termination • HerbOS reserves the right to modify or discontinue free trial offers at any time without prior notice If you cancel during the trial period, you will retain access to the trial-tier features until the trial period ends, at which point your account will revert to the Free tier.

You may cancel your subscription at any time from your account settings page. Upon cancellation: • You retain access to paid features through the end of your current billing period • No further charges will be applied after cancellation takes effect • Your account will revert to the Free tier at the end of the current billing period • Your data (including protocols, client records, and settings) will be retained for 90 days after downgrade, during which time you may resubscribe to regain access • After 90 days, non-Free-tier data may be permanently deleted Refund Policy: • Annual subscribers are eligible for a prorated refund for unused full months if requested within 30 days of their most recent renewal date • Monthly subscribers are not eligible for partial-month refunds • Free trial cancellations do not generate refunds (no charges were made) • Refunds for Founding Member subscriptions are calculated based on the discounted rate actually paid To request a refund, contact support@herbos.app with your account email and a description of your request. Refunds are processed within 10 business days and returned to the original payment method. HerbOS reserves the right to issue refunds, credits, or partial refunds at its sole discretion in cases not covered above.

HerbOS offers a limited "Founding 100" program for early adopters. The Founding Member program is subject to the following terms: • Founding membership is limited to the first 100 qualifying subscribers ("Founding 100") • Founding members receive a lifetime 50% discount on their subscription tier, locked at the rate in effect at the time of enrollment • The founding discount applies for as long as the founding member maintains an active, continuous paid subscription without interruption • If a founding member cancels their subscription and later resubscribes, the founding discount will no longer apply, and the member will be billed at the then-current standard rate • Founding member status is non-transferable and may not be sold, assigned, or given to another user or account • Founding members may change their subscription tier (e.g., Essential to Scholar) while retaining their 50% discount • HerbOS reserves the right to close the Founding Member program at any time once all 100 spots are filled or at our discretion • The founding discount applies to subscription fees only and does not apply to any future add-on services, marketplace purchases, or one-time fees that may be introduced Founding member status is tracked in our system and is visible on your profile page.

Professional tier subscribers gain access to the full practice management suite, including client records, appointment scheduling, invoicing, intake form builder, SOAP note drafting, telehealth video, encrypted messaging, client portal, and accounting sync. By using these features, you agree to the following: • You are solely responsible for the accuracy, completeness, and legality of all client records, clinical notes, invoices, intake forms, and other data you create, store, or transmit through the Platform • You are responsible for your own compliance with all applicable healthcare regulations, professional licensing requirements, scope-of-practice laws, and ethical standards in your jurisdiction, including but not limited to HIPAA, state telehealth laws, and professional board regulations • You will obtain appropriate informed consent from your clients before entering their personal or health information into the Platform • You acknowledge that HerbOS is a tool to support your practice — it does not replace your independent professional judgment, clinical decision-making, or duty of care to your clients • You are responsible for maintaining the security of your account, controlling access to client data, and ensuring that only authorized personnel access your practice management features • You will not use the Platform to practice medicine or provide services outside the scope of your professional licensure • Client data entered into the Platform remains under your control and responsibility; HerbOS acts as a data processor on your behalf • You are responsible for maintaining your own professional liability insurance HerbOS provides administrative and organizational tools. We do not verify the clinical appropriateness of your treatment decisions, protocols, or recommendations made to your clients.

Certain features of the Professional tier — including client management, SOAP note drafting, telehealth, encrypted messaging, and the client portal — require practitioner verification. The verification process operates as follows: • You must submit a practitioner verification application through the Platform, providing your professional credentials, licensure information, and supporting documentation • Verification documents are uploaded to secure, private storage and are accessible only to authorized HerbOS administrative personnel • HerbOS reviews applications and may approve or deny verification at its sole discretion • Verification does not constitute an endorsement of your qualifications, competence, or fitness to practice by HerbOS • You must promptly notify HerbOS if your professional licensure is suspended, revoked, restricted, or otherwise materially changed • HerbOS reserves the right to revoke verification status at any time if we become aware of credential issues, regulatory actions, or violations of these Terms • Misrepresentation of credentials in the verification process is grounds for immediate account termination and may be reported to relevant regulatory authorities Approved practitioner categories include, but are not limited to: licensed naturopathic doctors (ND), clinical herbalists, registered herbalists (RH), certified nutritionists, licensed acupuncturists, and other licensed or credentialed complementary and alternative medicine practitioners as determined by HerbOS.

The client portal provides practitioners' clients with secure access to shared information including appointment details, intake forms, protocols, and encrypted messaging. The client portal operates via token-based authentication and does not require clients to create a HerbOS account: • Portal access tokens are generated by the practitioner and delivered to clients via email (sent through Resend) • Tokens expire after 30 days and must be reissued by the practitioner for continued access • Clients accessing the portal do not create HerbOS accounts and are not directly bound by these Terms; however, their use of the portal is subject to reasonable use expectations • Practitioners are responsible for informing their clients about the nature of the portal, the data shared through it, and obtaining appropriate consent • Portal content — including protocols, recommendations, and intake form configurations — is determined solely by the issuing practitioner • HerbOS is not responsible for the clinical accuracy, appropriateness, or legality of practitioner-generated content shared via the portal • If a client has concerns about information in the portal, they should contact their practitioner directly • HerbOS reserves the right to disable portal access tokens if we detect misuse, unauthorized access attempts, or security concerns

HerbOS provides telehealth video consultation capabilities for verified practitioners through integration with LiveKit, an end-to-end encrypted (E2EE) video communication platform. By using telehealth features, you agree to the following: • Telehealth video calls use LiveKit's end-to-end encryption (E2EE) protocol. Video and audio streams are encrypted client-side before transmission using a shared key derived per session. HerbOS servers cannot access the content of encrypted video sessions • Practitioners are solely responsible for determining whether telehealth is clinically appropriate for each client interaction and for complying with all applicable state, federal, and international telehealth laws and regulations in both their jurisdiction and the client's jurisdiction • Practitioners must obtain informed consent from clients before conducting telehealth sessions, including disclosure that the session is conducted via a third-party platform • HerbOS does not record telehealth sessions. If either party records a session, they are responsible for compliance with all applicable recording consent laws (including two-party consent jurisdictions) • HerbOS is not liable for technical interruptions, connectivity issues, or quality degradation during telehealth sessions • Telehealth features are provided "as-is" and should not be used for medical emergencies — users experiencing emergencies should call local emergency services immediately HIPAA Considerations: • HerbOS utilizes end-to-end encryption and access controls designed to support HIPAA-compliant workflows • Practitioners who are HIPAA-covered entities may request a Business Associate Agreement (BAA) by contacting legal@herbos.app • A signed BAA is required before transmitting Protected Health Information (PHI) through the Platform if you are a HIPAA-covered entity • HerbOS's role is as a Business Associate providing tools; the practitioner remains the Covered Entity responsible for HIPAA compliance in their practice

HerbOS provides end-to-end encrypted (E2EE) messaging between verified practitioners and their clients. The messaging system uses AES-256-GCM encryption with ECDH P-256 key exchange. By using encrypted messaging, you acknowledge and agree to the following: • Messages are encrypted on the sender's device and can only be decrypted by the intended recipient; HerbOS cannot read, access, or decrypt message content • Encryption keys are generated on your device and are not stored on HerbOS servers in an unencrypted form • You may create an optional key backup protected by a passphrase of your choosing; if you lose your encryption keys and have not created a backup, your message history cannot be recovered — HerbOS cannot restore lost encryption keys under any circumstances • It is your sole responsibility to securely manage your encryption keys and backup passphrase • HerbOS stores encrypted message ciphertext for message delivery and history purposes, but cannot access the plaintext content • Practitioners using encrypted messaging to communicate about client health information are responsible for ensuring such use complies with their regulatory obligations • Encrypted messaging is not suitable for emergency communications — in an emergency, contact local emergency services directly • HerbOS reserves the right to suspend messaging functionality if we detect abuse patterns, even though we cannot read message content (e.g., spam volume, reported harassment)

HerbOS incorporates artificial intelligence (AI) features powered by Anthropic's Claude language model. AI-powered features include the educational chatbot and SOAP note drafting assistance. By using these features, you acknowledge and agree to the following: AI Chatbot: • The AI chatbot is designed for educational and informational purposes only • AI responses are generated by a language model and may contain errors, omissions, outdated information, or inaccuracies • AI chatbot responses do NOT constitute medical advice, clinical guidance, or professional recommendations • You should not rely on AI chatbot responses for clinical decision-making, diagnosis, treatment planning, or any health-related decisions • AI chatbot usage is rate-limited by subscription tier (Free: 5/day, Essential: 20/day, Scholar: 100/day, Professional: unlimited) SOAP Note Drafting: • AI-assisted SOAP note drafting is a convenience tool that generates draft clinical notes based on practitioner inputs • AI-generated SOAP drafts MUST be reviewed, edited, and approved by the practitioner before being finalized or shared • The practitioner is solely responsible for the accuracy, completeness, and clinical appropriateness of all finalized SOAP notes • AI-generated drafts should never be treated as a substitute for the practitioner's independent clinical judgment Regulatory Disclosures: • In accordance with California Assembly Bill 3030 (AB 3030), we disclose that AI-generated content on this Platform is generated by artificial intelligence and not by a human healthcare provider. AI-generated responses are not a substitute for professional medical judgment. • In accordance with the European Union Artificial Intelligence Act (EU AI Act), we disclose that HerbOS AI features use a general-purpose AI model (Anthropic Claude) for educational text generation and clinical note drafting assistance. These features are classified as limited-risk AI systems requiring transparency obligations, which we fulfill through this disclosure. • AI features may produce different responses to the same query and should not be considered deterministic or authoritative

The HerbOS herb-drug interaction checker is an educational reference tool that provides information about potential interactions between herbal products and pharmaceutical drugs. By using the interaction checker, you acknowledge and agree to the following: • The interaction checker is for educational and informational purposes only and does NOT constitute clinical advice, pharmacological guidance, or a substitute for professional consultation • Interaction data is compiled from published pharmacological literature, drug interaction databases, and peer-reviewed research, but may not reflect the most current findings • The absence of a listed interaction does NOT mean that no interaction exists — our database covers 834+ known interactions across 288 pharmaceutical drugs, but this is not exhaustive • Interaction severity ratings and clinical significance assessments are based on available evidence and editorial judgment, which may differ from other reference sources • Individual patient factors (genetics, comorbidities, dosage, formulation, concurrent medications) may significantly affect interaction risk and are not accounted for by the tool • Healthcare providers should always consult primary pharmacological references, drug interaction databases (e.g., Lexicomp, Micromedex), and use their professional judgment when evaluating potential interactions • Consumers should consult with their healthcare provider or pharmacist before combining any herbal products with prescription or over-the-counter medications • HerbOS is not liable for any adverse outcomes resulting from reliance on the interaction checker

HerbOS is an educational, research, and practice management platform. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. • The information on HerbOS — including herb monographs, interaction data, research summaries, AI chatbot responses, and educational content — is intended for educational and informational purposes only • Nothing on this Platform should be construed as medical advice, a recommendation to use any herb, supplement, or treatment, or a recommendation to discontinue any medication or medical treatment • Always consult a qualified healthcare provider before starting, stopping, or changing any health regimen, including the use of herbal products or dietary supplements • HerbOS does not establish a practitioner-patient relationship between you and HerbOS or between you and any practitioner whose content appears on the Platform • The practice management tools provided to verified practitioners are administrative tools — they do not create a practitioner-patient relationship between HerbOS and the practitioner's clients • Reliance on any information provided by the Platform is solely at your own risk • Herbal products can have potent pharmacological effects, including interactions with medications, contraindications in certain medical conditions, and potential for allergic reactions or toxicity • Pregnant or nursing individuals, children, individuals with chronic medical conditions, and individuals taking prescription medications should exercise particular caution and consult their healthcare provider before using any herbal product IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 (IN THE UNITED STATES) OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. DO NOT RELY ON THIS PLATFORM FOR EMERGENCY MEDICAL ASSISTANCE.

HerbOS makes best efforts to provide accurate, evidence-based information about herbs, bioactive compounds, traditional uses, safety profiles, and pharmacological interactions. Our database of 568+ herbs is compiled from published scientific literature, pharmacological references, ethnobotanical sources, and traditional medicine texts. However, herbal medicine research is a rapidly evolving field, and you acknowledge the following: • We do not guarantee that all information on the Platform is complete, current, or error-free • Monograph content is periodically reviewed and updated, but there may be a delay between publication of new research and updates to our database • Traditional use information reflects historical practices and does not imply clinical efficacy or safety • Compound and bioactivity data is derived from published research and may not reflect all known or emerging findings • Taxonomic classifications, nomenclature, and plant identification data follow accepted botanical standards but may differ from some regional or traditional naming conventions • Users should cross-reference critical information with primary sources (peer-reviewed journals, pharmacopoeias, regulatory monographs) and consult qualified professionals before making health-related decisions • If you identify an error, outdated entry, or missing information in our database, we encourage you to report it to support@herbos.app so we can investigate and update accordingly

The HerbOS platform, including but not limited to its software, source code, database architecture, user interface design, graphics, logos, icons, branding, curated monograph content, interaction data, educational materials, and documentation, is the intellectual property of HerbOS and is protected by applicable copyright, trademark, trade secret, and other intellectual property laws. • The HerbOS name, logo, and associated branding are trademarks of HerbOS. You may not use our trademarks without prior written consent. • You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any HerbOS proprietary content without prior written authorization. • The herb database structure and curated content represent a significant compilation effort protected under database and copyright law. User Data Ownership: • You retain full ownership of any data you create, upload, or input into the Platform, including personal notes, wellness logs, client records, custom protocols, SOAP notes, invoices, and intake forms • By using HerbOS, you grant us a limited, non-exclusive, non-transferable license to store, process, transmit, and display your data solely for the purpose of providing the Service to you • This license terminates when you delete your data or your account is closed (subject to applicable data retention periods) • We will not sell, license, or share your content with third parties except as necessary to provide the Service or as required by law

Certain features of HerbOS allow you to create, submit, or share content, including but not limited to custom protocols, notes, quiz responses, profile information, and practitioner-to-client communications ("User Content"). By creating or submitting User Content, you agree to the following: • You are solely responsible for the accuracy, legality, and appropriateness of all User Content you create or share • You represent and warrant that you have all necessary rights to submit such content and that it does not infringe upon the intellectual property, privacy, or other rights of any third party • You will not submit User Content that is unlawful, defamatory, harassing, threatening, obscene, fraudulent, or otherwise objectionable • HerbOS does not endorse, verify, or assume responsibility for any User Content • HerbOS reserves the right to remove or disable access to User Content that violates these Terms, without prior notice • For practitioners: clinical content you share with clients through the portal, messaging, or protocols is your professional responsibility, not ours

When using HerbOS, you agree to comply with all applicable laws and regulations and to refrain from the following prohibited conduct: • Misrepresenting your professional credentials, qualifications, licensure, or verification status • Using the Platform to provide unauthorized medical advice or to practice medicine without appropriate licensure • Scraping, crawling, or using automated tools, bots, or scripts to extract data from the Platform • Attempting to access other users' accounts, data, encryption keys, or private information • Circumventing, disabling, or interfering with security features, access controls, or rate limits • Using the Platform for any unlawful, fraudulent, or malicious purpose • Interfering with or disrupting the Platform's infrastructure, servers, or networks • Reverse-engineering, decompiling, disassembling, or attempting to derive the source code of any part of the Platform • Reselling, sublicensing, or commercially redistributing access to the Platform or its features without authorization • Using the Platform to transmit spam, malware, or other harmful content • Creating false or misleading accounts or impersonating another person • Exploiting gamification features through automated or fraudulent means to accumulate points • Sharing your practitioner verification credentials or allowing unverified individuals to access practice management features through your account Violation of these terms may result in immediate account suspension or termination, forfeiture of any remaining subscription period, and, where applicable, referral to law enforcement or professional regulatory authorities.

Your privacy is important to us. Our collection, use, storage, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at herbos.app/privacy for full details on how we handle your data, including: • What personal information we collect and why • How we use, process, and store your data • Your rights regarding your personal data • Our data retention and deletion policies • How we handle data subject access requests • Our use of cookies and similar technologies • Third-party data processors and sub-processors California Residents — CCPA/CPRA Rights: If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete your personal information, the right to opt out of the sale or sharing of personal information (HerbOS does not sell personal information), and the right to non-discrimination for exercising your privacy rights. To exercise your CCPA/CPRA rights, contact privacy@herbos.app or visit your account settings. For international users, we process data in accordance with applicable data protection laws. European users may have additional rights under the General Data Protection Regulation (GDPR) as detailed in our Privacy Policy.

HerbOS integrates with and relies upon third-party services to deliver certain features. By using these features, you acknowledge that your use is also subject to the respective third party's terms of service and privacy policies: • Authorize.net — Payment processing for subscription billing. Authorize.net's terms govern the processing and storage of your payment information. HerbOS does not store full credit card numbers. • LiveKit — Video infrastructure for telehealth consultations with end-to-end encryption (E2EE). Video and audio streams are encrypted client-side before transmission. LiveKit's servers route encrypted media but cannot access decrypted content. • Resend — Transactional email delivery for appointment reminders, portal invitations, research digests, and system notifications. • Twilio — SMS delivery for appointment reminders and notifications (where users have opted in to SMS communications). • Supabase — Database infrastructure, authentication, and real-time data services. • Anthropic Claude — AI language model powering the educational chatbot and SOAP note drafting features. • PubMed / ClinicalTrials.gov — Public research databases from which we aggregate research feed articles (content sourced under NIH public access policies). • Google Calendar / Microsoft Outlook / Apple iCloud — Optional calendar sync integrations for appointment management. • QuickBooks / Xero — Optional accounting sync integrations for practice invoicing. • Pexels API — Stock imagery used in herb monograph illustrations. HerbOS is not responsible for the availability, accuracy, or practices of third-party services. If a third-party service experiences an outage or discontinues operation, affected HerbOS features may be temporarily or permanently unavailable.

HerbOS offers a Brand Partner Portal for herbal product brands and clinics. Brand partner accounts are created by invitation from HerbOS administration. By participating as a brand partner, you agree to the following: • Brand partner accounts require the brand_partner role, which is assigned by HerbOS administration upon onboarding • You must complete the 5-step onboarding wizard, including providing accurate brand profile information, logo, and product details • Product listings must accurately represent your products, including ingredients, herb associations, and any applicable regulatory disclaimers • You are responsible for ensuring that all product claims comply with applicable advertising regulations, including FDA regulations regarding dietary supplement claims (21 CFR Part 101) • Referral codes and commission tracking are provided as a convenience; commission terms are governed by your separate Brand Partner Agreement with HerbOS • Analytics data provided in the dashboard is aggregate and anonymized; brand partners do not receive personally identifiable information about individual users • CSV exports are available at the Partner tier and above and contain only aggregate data • White-label and custom domain features are available to Enterprise tier brand partners only and are subject to separate white-label terms • HerbOS reserves the right to remove product listings, disable referral codes, or terminate brand partner accounts for violations of these Terms, inaccurate product information, or regulatory concerns • Brand partners may not make medical claims about their products through the HerbOS platform HerbOS does not pay, nor permit brands to pay, any practitioner-facing compensation tied to product recommendations. Practitioners receive zero per-recommendation compensation from brand partners. All commission flows exclusively between the brand and HerbOS for marketplace access.

You agree to indemnify, defend, and hold harmless HerbOS, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: • Your use of the Platform or any activity under your account • Your violation of these Terms or any applicable law or regulation • Your violation of any third party's rights, including intellectual property, privacy, or contractual rights • Any content you create, submit, or share through the Platform • For practitioners: any claims arising from your clinical practice, treatment decisions, client care, or professional services rendered through or in connection with the Platform • For practitioners: any claims by your clients arising from information or services provided through the client portal, telehealth sessions, or encrypted messaging • For brand partners: any claims arising from product claims, advertising, or representations made through the Platform • Any misrepresentation of your credentials, qualifications, or authorization to use the Platform • Your failure to comply with applicable healthcare regulations, data protection laws, or professional standards This indemnification obligation survives the termination of your account and these Terms.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions. BINDING ARBITRATION: Except as provided below, any and all disputes, claims, or controversies arising out of or relating to these Terms, your use of the Platform, or the breach thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules and Mediation Procedures (effective May 1, 2025, available at https://www.adr.org/rules-forms-and-fees/consumer/). The arbitration shall be conducted by a single neutral arbitrator in the English language. 30-DAY OPT-OUT RIGHT: You have the right to opt out of this arbitration agreement by sending written notice to HerbOS at legal@herbos.app within thirty (30) days of first accepting these Terms. Your written notice must include: (a) your name, (b) your email address, (c) a clear statement that you wish to opt out of this arbitration agreement, and (d) your signature. If you opt out, all other terms will continue to apply, but neither you nor HerbOS will be required to arbitrate disputes. SMALL CLAIMS COURT EXCEPTION: Either party may bring an action in a small claims court instead of arbitration if the claim qualifies for small claims court jurisdiction. CLASS ACTION WAIVER: You agree that any arbitration shall be conducted on an individual basis only, and you waive any right to participate in a class action, collective action, or representative action against HerbOS. The arbitrator may not consolidate claims of multiple parties and may not preside over any form of representative or class proceeding. • For users located in the State of Louisiana: to the extent required by Louisiana law, certain consumer protection provisions of Louisiana law may apply in addition to Massachusetts law, and disputes may be brought in Louisiana state courts of competent jurisdiction • You agree that any cause of action arising out of or related to the Platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred • Each party shall bear its own costs and attorneys' fees, except as otherwise provided in Section 26 (Indemnification) • If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect (Severability). If the class action waiver is found to be unenforceable, the entire arbitration agreement shall be null and void • The failure of HerbOS to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision (No Waiver) • These Terms, together with the Privacy Policy and any applicable Brand Partner Agreement or Business Associate Agreement, constitute the entire agreement between you and HerbOS regarding the Platform (Entire Agreement)

HerbOS reserves the right to modify, amend, or replace these Terms at any time. When we make changes: • We will update the "Last Updated" date at the top of this page • For material changes, we will provide at least 30 days' advance notice via email to the address associated with your account and/or a prominent notice on the Platform • Material changes include, but are not limited to: changes to billing terms, liability limitations, data practices, or the scope of permitted use • Non-material changes (such as typographical corrections, formatting updates, or clarifications that do not alter the substance of the Terms) may be made without advance notice Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must discontinue use of the Platform and may cancel your subscription in accordance with Section 7. We recommend reviewing these Terms periodically. A history of material changes is maintained and available upon request to legal@herbos.app.

If you are a healthcare practitioner who is a Covered Entity or Business Associate under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, and you intend to use HerbOS to create, receive, maintain, or transmit Protected Health Information (PHI), you must enter into a Business Associate Agreement (BAA) with HerbOS before doing so. • A BAA is available upon request by contacting legal@herbos.app • Without a signed BAA in place, you may not use HerbOS to process, store, or transmit PHI • HerbOS implements administrative, physical, and technical safeguards including end-to-end encryption, access controls, audit logging, and secure data storage designed to support HIPAA-compliant workflows • The BAA will define the permitted uses and disclosures of PHI, breach notification procedures, and the respective obligations of HerbOS (as Business Associate) and you (as Covered Entity) • HerbOS's obligations under the BAA are limited to the services provided through the Platform; you remain responsible for your overall HIPAA compliance program • Entering into a BAA does not constitute a certification or guarantee of HIPAA compliance — compliance is a shared responsibility

If you have questions, concerns, or requests regarding these Terms of Service, please contact us through the following channels: • General Support: support@herbos.app • Legal Inquiries: legal@herbos.app • Privacy Requests (including CCPA/CPRA and GDPR): privacy@herbos.app • BAA Requests: legal@herbos.app • Website: herbos.app HerbOS Shrewsbury, Massachusetts / Louisiana, United States Full address on file — contact legal@herbos.app For urgent legal matters, including subpoenas, court orders, or regulatory inquiries, please direct correspondence to legal@herbos.app with "URGENT" in the subject line.