END USER AGREEMENT, WAIVER OF LIABILITY, AND CONSENT
Efective Date: February 26, 2026
Last Updated: February 26, 2026
This End User Agreement, Waiver of Liability, and Consent (“Agreement”) is entered into between Velvet Verify (“Company,” “we,” “us,” or “our”) and you, the individual (“User,” “you,” or “your”), regarding your use of the Velvet Verify mobile application, website, and related services (collectively, the “App”). By creating an account, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not use the App.
1. PURPOSE OF THE APP
The App provides a private channel for users to exchange basic information regarding their Sexually Transmitted Infection (STI) status. The APP makes no warranties regarding the accuracy or truthfulness of the information provided by its users. The STI status verification is based on information provided voluntary by the users of the App.
1b. Verification Service
The App provides an automated document verification feature (“Verification Service”) that designates uploaded documents as either “Verified” or “Not Verified.”
The Verification Service evaluates certain objective and technical indicators of document authenticity, including, but not limited to, common authenticity markers, internal consistency, metadata patterns, formatting characteristics, and whether the document can reasonably be attributed to the individual submitting it.
1c. Meaning of “Verified” Status
A designation of “Verified” means only that the document has passed the Platform’s automated verification checks based on the criteria described above at the time of review.
A “Verified” status does not represent, warrant, or guarantee that:
• The document is clinically accurate;
• The information contained in the document is true, complete, or current;
• Any laboratory results, diagnoses, or medical findings are valid;
• The document was issued by a licensed laboratory, healthcare provider, or medical institution;
• The document complies with applicable healthcare, regulatory, or professional standards.
A “Verified” status represents that the document submitted by the User contains features that are consistent with those of a laboratory result prepared by a clinical laboratory. The Company IS NOT a recipient or the custodian of records of laboratory test results issued by a clinical laboratory.
1d. No Medical Services or Advice
The Platform does not provide medical advice, clinical interpretation, diagnostic services, laboratory services, or healthcare treatment of any kind. The Verification Service does not replace review, confirmation, or evaluation by a licensed physician, laboratory, clinic, or other qualified healthcare professional. Users remain solely responsible for independently verifying the accuracy and validity of any medical or clinical information. Always seek the advice of a qualified healthcare provider with any questions about medical conditions. The App does not offer, or substitute, the guidance or advice of public health authorities regarding prevention and treatment of STIs. For additional clarity, the App does not offer diagnostic services; laboratory verification; medical confirmation; or guarantee of accuracy.
1e. No Warranty
The Verification Service is provided on an “as is” and “as available” basis. The Company disclaims all warranties, express or implied, regarding the reliability, accuracy, or fitness of any verification determination for any particular purpose.
1f. Not a Covered Entity or Business Associate
The App does not store, transmit, or disclose identifiable health information. Velvet Verify and the App are not “Covered Entities” or “Business Associates” under the Health Insurance Portability and Accountability Act (HIPAA). Therefore, Velvet Verify and the App are not subject to HIPAA’s security and privacy regulations. Company does not act as a Covered Entity in connection with the App and does not provide healthcare services. Company does not receive protected health information (PHI) from a Covered Entity. Velvet Verify and the App do comply with states privacy and consumer protection laws.
2. License Grant
Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. The App is licensed, not sold, to you. Company retains all right, title, and interest in and to the App, including all intellectual property rights. You have no ownership interest in the App or any related documentation provided by Company.
2b. Restrictions
You agree not to:
• Modify, alter, or create derivative works based on the App;
• Reverse engineer, decompile, or disassemble the App;
• Rent, lease, lend, sell, redistribute, or sublicense the App;
• Use the App for any unlawful or fraudulent purpose;
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the App.
3. ELIGIBILITY
You must be:
• At least 18 years old (or the legal age of majority in your jurisdiction), or have verifiable parental/guardian consent.
• Legally able to enter into binding agreements.
You represent that you are at least 18 years of age, have legal capacity to enter binding agreements, and that all information you provide is truthful
4. PRIVACY AND DATA HANDLING
By using the App, you agree and consent to disclose information related to your STI status; upload supporting documentation; Velvet Verify’s automated review of your health information; the destruction of identifiable documentation; the temporary retention of deidentified metadata; and for Velvet Verify to provide users with a channel to disclose to each other limited health information as described in our Privacy Policy link.
• The App is designed to comply with applicable state privacy laws, where applicable.
• You understand that no system is 100% secure, and we cannot guarantee absolute protection against unauthorized access.
The App utilizes Artificial Intelligence tools to complete its processes and support its services. All your health information is automatically deleted within twenty-four (24) hours. By using the App, you agree and consent to the deidentification and up to twenty-four (24) hour retention, and automated deletion, of your health information for the sole purpose of completing these processes.
5. USER RESPONSIBILITIES
You agree to:
• Provide accurate, current, and complete personal, and demographic information.
• Use the App only for lawful purposes.
• Not misuse or interfere with the App’s operation or security.
• User is exclusively responsible for controlling the sharing of (1) Test Results and (2) Exposure Alerts with other Users, and the consequences of sharing health information.
• User must learn the Alert Settings and carefully review Test Results Sharing requests from other Users.
• Users consent to sharing test results and STI Status information during a limited time only. The “Exposure Alerts” will continue after that time period.
• Users are responsible to learn and understand the “Enable exposure alerts” settings. While the identity of the exposure source will not be disclosed, the other User will receive a “Exposure Alert” when the STI of the first User changes.
6. WAIVER OF LIABILITY , DISCLAIMER OF WARRANTIES, AND
To the fullest extent permitted by law, you agree that:
• The Company is not liable for any injury, illness, death, loss, or damages arising from your use of the App or reliance on its content.
• You, acknowledge STI transmission risk exists despite testing and that reliance on user-submitted information carries inherent health risks. You voluntarily assume all risks associated with use of the App.
• The App is provided “AS IS” without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose.
• Any health-related decisions you make are at your own risk, and you should consult a licensed healthcare provider before acting on information from the App.
• You, user, hereby release, discharge, and hold harmless Velvet Verify and the App, its affiliates, employees, contractors, and partners from any claims, demands, or causes of action related to your use of the App, except where prohibited by law.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF OR INABILITY TO USE THE APP; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; AND (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR AMOUNTS PAID BY USER IN THE LAST 12 MONTHS
8. MODIFICATIONS
We may update this Agreement at any time. Continued use of the App after changes means you accept the revised Agreement.
9. INDEMNIFICATION
You agree to indemnify and hold harmless Company from claims arising from inaccurate information, sharing of STI status, reliance on other users’ information, or misuse of the App.
10. TERMINATION
Company may suspend or terminate access at any time. Liability, arbitration, and indemnification provisions survive termination.
11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is headquartered, without regard to its conflict of laws principles.
12. Dispute Resolution
This Agreement is governed by the Federal Arbitration Act. All and any disputes arising out of or relating to this Agreement or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive jury trial and class action participation rights. You may opt out within 30 days by written notice.
13. LIMITATION PERIOD
Any claim must be filed within one (1) year of accrual.
14. SEVERABILITY
If any provision is unenforceable, the remainder remains effective.
15. CONTACT INFORMATION
For questions about this Agreement or your rights, contact:
Velvet Verify Inc.
44-70 21st Street, #3113
Long Island City, NY 11101
16. ELECTRONIC SIGNATURE
Electronic Signature (e-signature) refers to any electronic process that indicates acceptance of an agreement or record. Most electronic signature solutions in the United States fall into this broad category. Electronic signatures use a wide variety of common electronic authentication methods to verify signer identity, such as email, corporate ID, password protection, or a PIN sent to a mobile phone (OTP). Proof of signing is demonstrated via a secured process that often includes an audit trail and a final tamper-evident digital certificate embedded into the completed signed document.
Digital signature uses a digital certificate from a trust service provider (TSP), such as a certificate authority (CA), to authenticate a signer’s identity. The digital certificates demonstrate proof of signing by binding the digital certificate associated with each signature to the document using encryption.
15. STATE-SPECIFIC CONSUMER PROTECTIONS (CALIFORNIA AND NEW YORK)
15.1 California Consumer Privacy Rights (CCPA/CPRA)
If you are a California resident, you may have 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 is collected;
• Request deletion of personal information;
• Correct inaccurate personal information;
• Opt out of sale or sharing of personal information (if applicable);
• Limit use of sensitive personal information (if applicable).
Company does not sell personal information. Any rights requests may be submitted to: support@velvetverifyapp.com.
Nothing in this Agreement limits your non-waivable rights under California law.
15.2 California Civil Code §1542 Waiver
If you are a California resident, you acknowledge that you understand and expressly waive California Civil Code §1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release…”
You expressly waive any rights under §1542 and similar laws of any jurisdiction.
(This clause significantly strengthens enforceability of your Release provision.)
15.3 California Automatic Renewal (If Applicable)
If the App oUers subscription services, you will be provided:
• Clear disclosure of renewal terms,
• Cancellation instructions,
• Affirmative consent prior to subscription,
• An acknowledgment email following enrollment.
You may cancel at any time through your account settings.
(This protects against CA Automatic Renewal Law claims.)
15.4 New York Consumer Protection Disclosure
If you are a resident of New York:Company does not represent that the App provides medical advice, diagnostic services, or guarantees of STI status. All verification determinations are automated document authentication processes only.
Nothing in this Agreement is intended to waive non-waivable rights under New York General Business Law §349 or §350.
15.5 Data Security (California and New York)
Company implements reasonable administrative, technical, and physical safeguards designed to protect personal information consistent with:
• The California Civil Code
• The New York SHIELD Act
• Industry-standard security practices
However, no method of transmission or storage is 100% secure.
(This language reduces NY SHIELD exposure without admitting heightened duty.)
15.6 Arbitration Opt-Out (California and New York Clarification)
If you are a resident of California or New York, you may opt out of arbitration within thirty (30) days of first
accepting this Agreement by sending written notice to:
44-70 21st Street, #3113
Long Island City, NY 11101
Opting out will not aUect any other provision of this Agreement.
This improves enforceability under CA unconscionability review standards.
15.7 Severability of State Provisions
If any portion of this Section 15 is found unenforceable under applicable state law, the remainder shall
remain in full force and effect.
BY CLICKING “ACCEPT” OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREED TO THIS AGREEMENT, AND THAT YOU VOLUNTARILY WAIVE CERTAIN
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. BY ENTERING THE TEMPORARY PASSWORD AND
AUTHENTICATING YOUR MEANS OF CONTACT, YOU HAVE GIVEN YOUR ELECTRONIC SIGNATURE.