END USER AGREEMENT, WAIVER OF LIABILITY, AND CONSENT
Efective Date: October 30, 2025
Last Updated: October 30, 2025
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 guarantees and/or warranties regarding the accuracy or truthfulness of the information provided by its Users. The STI status verification is based on information provided voluntarily by the users of the APP. 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. Velvet Verify and the APP do comply with states privacy and consumer protection laws. The APP does not o6er or replace professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions about medical conditions. The APP does not oUer, or substitute, the guidance or advice of public health authorities regarding prevention and treatment of STIs.
2. License Grant
Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable limited license to install and use the APP on a mobile device that you own or control, solely for your personal, non-commercial use and the purposes described herein. 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.
2c. Title You agree that the Company owns and holds all right, title, and interest to the APP and any documentation, and all subsequent copies thereof regardless of the form or media. Furthermore, all title, ownership rights, and intellectual property rights in the APP and any documentation shall remain with the Company, including all corrections, enhancements, or other modifications made thereto. The APP and any documentation are protected by copyright and other intellectual property laws and by international treaties. All rights not expressly granted to You under this Agreement are reserved by the Company
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.
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.
• 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.
6. STI Status Verification Services
The APP oUers three (3) tiers of STI Status Verification Services using diUerent tools and sources. While the APP makes reasonable eUorts to verify the information provided by its Users, the APP makes no guarantees and/or warranties regarding the accuracy or truthfulness of the information provided by its users. The APP does not receive any STI Status Information directly from physicians, clinical laboratories, or any other healthcare providers. The APP can only enhance the credibility on the STI Status Information through the add-on services described in Tier 2 and Tier 3 described below: 1. Tier 1: Self Attested. This Basic Service just provides a platform for Users to privately exchange basic information regarding their STI status. 2. Tier 2: User Verified. The User uploading their STI Status Information verifies their identity by submitting proof of oUicial government issued identification. 3. Tier 3: Velvet VerifiedTM. AI-based document evaluation system that assesses whether an uploaded image or PDF of medical laboratory result Appears to be authentic and unaltered. This process does not interpret medical information or provide a diagnosis. It focuses solely on the apparent authenticity of the document based on internal evidence within the file. The User understands and agrees that the APP DOES NOT certify the authenticity and accuracy of the STI Status Information provided by its User, and that the APP only provides a private channel for the Users to communicate the STI Status Information and evaluate it.
7. WAIVER OF LIABILITY, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY
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.
• 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 aUiliates, 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, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’S RIGHTS.
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, LOST PROFITS, BUSINESS INTERRUPTIONS, DEVICE FAILURE OR MALFUNCTION, 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. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES EVEN IF COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM COMPANY’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. IN NO EVENT SHALL COMPANY’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE APP. You shall defend, indemnify and hold harmless the Company from and against any and all claims and against any and all damages, losses, fines, penalties, costs, and other amounts (including reasonable attorney's fees and expenses) (collectively, “Losses”) arising from your use of the APP, except that this indemnity shall not apply where such third party claim or Losses would not have occurred but for the gross negligence or the willful misconduct of the Company.
8. TERM AND TERMINATION
This license will be perpetual from the date that you first use the APP, if the license is not earlier terminated. You may terminate this license at any time by (i) deleting all instances of the APP and documentation. Your license for the APP will also terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to immediately (i) stop all use of the APP, and (ii) delete and/or destroy the APP, together with all copies thereof. You agree that you will not be entitled to a refund of any applicable license fee upon early termination of this Agreement.
9. MODIFICATIONS
We may update this Agreement at any time. Continued use of the APP after changes means you accept the revised Agreement.
10. 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.
11. Dispute Resolution
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. The arbitration shall take place in the jurisdiction where the Company is headquartered, and the arbitrator's decision shall be enforceable in any court of competent jurisdiction.
12. DATA SECURITY
The APP will use industry-standard security measures to protect user data, including personal data, against unauthorized access, disclosure, alteration, or destruction. These measures include: • Encryption & Authentication: Strong encryption (AES-256 or equivalent) for stored data, TLS 1.2+ for transmitted data, and multi-factor authentication for system access. • Security Practices: Regular testing, timely patching of vulnerabilities, intrusion detection, and secure logging of system activity. • Compliance: Adherence to recognized frameworks such as ISO 27001, SOC 2 Type II, and the NIST Cybersecurity Framework, as applicable. • Monitoring: Continuous monitoring of access and use, with audit logs retained for at least one year. • Breach Response: A documented incident response plan is in place. If a breach affects User Data, the Company will notify affected Users within 72 hours (or sooner if required by law). 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
13. Termination or Suspension by Company
Company reserves the right to suspend or terminate your account and access to the APP at any time, with or without cause, and with or without notice, for any reason including, but not limited to: • Violation of any terms of this Agreement; • Engaging in fraudulent, illegal, or harmful activities; • Providing false or misleading information; • Using the App in a manner that may create liability for Company; • Extended periods of inactivity; or • Non-payment of any fees owed to Company. Effect of Termination: Upon termination of your account for any reason: Your license to use the App will immediately terminate; You must cease all use of the APP; You will lose access to all content, features, and data associated with your account; Company will delete all of your user content within twenty-four (24) hours of termination; and all provisions of this Agreement which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
GENERAL NOTES 14. CONTACT INFORMATION
For questions about this Agreement or your rights, contact: Velvet Verify support@velvetverifyapp.com If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible and the remaining provisions of this Agreement shall remain in full force and effect. The parties further agree to replace any invalid, illegal, or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent of the parties
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.