END USER AGREEMENT, WAIVER OF LIABILITY, AND CONSENT

Effective Date: June 29, 2026     

‍Last Updated: June 29, 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.

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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. STI status verification is based on information and documentation submitted voluntarily by the Users of the App.

1.1  Verification Service

The App provides an automated document and result verification feature (the “Verification Service”). The Verification Service may evaluate uploaded documents and certain individual STI results reflected in those documents.

At the document level, the Verification Service may designate an uploaded document as either “Verified” or “Not Verified” based on certain objective and technical indicators of document authenticity, including, without limitation, common authenticity markers, internal consistency, metadata patterns, formatting characteristics, and whether the document can reasonably be attributed to the individual submitting it.

At the result level, the Verification Service may assess eligible negative STI results reflected in an uploaded document and designate those individual negative results as either “Verified” or “Not Verified.” The App uses those result-level designations to determine a User’s overall verified status. A User’s overall status is considered “Verified” only if the User has at least one eligible negative STI result and all eligible negative STI results considered by the App are designated “Verified.” The App does not assign a “Verified” or “Not Verified” status to positive results.

1.2  Meaning of “Verified” Status

A designation of “Verified,” whether applied to an uploaded document, an individual negative STI result, or a User’s overall verified status, means only that the document has passed the App’s automated authenticity 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; or
  • the document complies with applicable healthcare, regulatory, or professional standards.

A “Verified” status reflects only the results of an automated authenticity assessment. The Company is not a recipient or custodian of laboratory test results issued by a clinical laboratory, and does not confirm that any document was in fact issued by one.

1.3  No Medical Services or Advice

The App 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. You 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 a medical condition, and follow the guidance of public health authorities regarding the prevention and treatment of STIs. For additional clarity, the App does not offer diagnostic services, laboratory verification, medical confirmation, or any guarantee of accuracy.

1.4  Special Handling of Herpes Simplex Virus (HSV-1 and HSV-2) Results

The App will not consider Herpes Simplex results 

The App may process and display User-submitted information or documents that include results for Herpes Simplex Virus Type 1 (HSV-1) or Type 2 (HSV-2). However, HSV-1 and HSV-2 are subject to special handling within the App.

Negative HSV-1 and HSV-2 results are not treated as eligible negative STI results for purposes of determining a User’s overall verified status. Accordingly, an unverified negative HSV-1 or HSV-2 result will not prevent a User from receiving an overall “Verified” status if the User otherwise satisfies the App’s verification criteria for eligible negative STI results.

The App does not generate Exposure Alerts to past partners based on HSV-1 or HSV-2 results.

When Users share results with one another through the App, HSV-1 or HSV-2 is included in the shared result list only if the sharing User has self-reported or self-attested to a positive result for that specific HSV type. For example, if a User reports a positive HSV-1 result and a negative HSV-2 result, only HSV-1 will be included in the shared result list.

A shared positive HSV-1 or HSV-2 result reflects the sharing User’s self-reported or self-attested HSV status for the applicable HSV type. The App’s display or sharing of HSV information is not medical advice, does not independently confirm any diagnosis or clinical finding, and should not be relied upon to determine any User’s current infectiousness, transmission risk, symptoms, need for testing, need for treatment, or legal or personal disclosure obligations.

1.5  Not a Covered Entity or Business Associate

Velvet Verify and the App are not “Covered Entities” or “Business Associates” under the Health Insurance Portability and Accountability Act (HIPAA), do not provide healthcare services, and do not receive protected health information (PHI) from a Covered Entity. Accordingly, HIPAA’s privacy and security rules do not govern the App. This does not mean the App is unregulated: the App handles consumer health data that is protected under various state laws, and the App is designed to comply with those laws as described in Section 4 and in our Privacy Policy.

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2. LICENSE GRANT

Subject to 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.

2.1  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; or
  • Remove, alter, or obscure any proprietary notices on the App.

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3. ELIGIBILITY

The App is strictly limited to adults. You must be at least eighteen (18) years of age (or older, if the age of majority in your jurisdiction is greater than eighteen) and legally able to enter into binding agreements. The App is not directed to, and may not be used by, anyone under the age of eighteen, and the Company does not knowingly collect information from any person under eighteen. 

You represent and warrant that you are at least eighteen (18) years of age, that you have the legal capacity to enter into binding agreements, and that all information you provide is truthful, accurate, and current.

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4. PRIVACY, CONSUMER HEALTH DATA, AND CONSENT

By using the App, you agree and consent to: (a) disclose information related to your STI status; (b) upload supporting documentation; (c) Velvet Verify’s automated review (including AI-assisted review) of your submitted information; (d) the destruction of identifiable documentation; (e) the temporary retention of deidentified metadata as described below; and (f) Velvet Verify providing Users with a channel to disclose to one another limited health information, all as further described in our Privacy Policy.

Separate consent for consumer health data. Certain state laws (including the Washington My Health My Data Act and the Nevada consumer-health-data law) require your separate, affirmative consent to collect consumer health data and a further separate consent to share it. The App obtains these consents through distinct in-App consent flows. Consenting to use the App is not, by itself, consent to share your consumer health data with another User; sharing occurs only when you separately authorize it.

  • The App is designed to comply with applicable state and federal privacy and consumer-health-data laws, including state “consumer health data” statutes that govern sensitive health information independently of HIPAA.
  • The Company does not sell your personal information or your consumer health data, and does not share consumer health data except as you direct through the App’s sharing features.
  • You understand that no system is one hundred percent (100%) secure, and the Company cannot guarantee absolute protection against unauthorized access.

Identifiable health information you submit is automatically deleted within twenty-four (24) hours of submission. Deidentified metadata (data from which direct and reasonably linkable identifiers have been removed, such as a verification status flag, test category, and timestamp) may be retained on a limited basis solely to operate the Exposure Alert and Sharing Window functions and to maintain the security and integrity of the App. By using the App, you agree and consent to this deidentification, the up-to-twenty-four-hour retention of identifiable health information, the automated deletion of that information, and the limited retention of deidentified metadata, in each case for the sole purposes described in this Agreement.

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5. TEST RESULTS, SHARING WINDOW, AND EXPOSURE ALERTS

The App’s sharing and alert functions operate on the basis of actual test results only. The App does not generate, share, or communicate inferences, predictions, or estimates of “perceived risk.”

5.1  Sharing Window

A “Sharing Window” is the limited period during which two connected Users may view each other’s shareable results through the App.

When two Users create a new connection through the App, each User’s acceptance of the connection includes authorization for mutual result sharing for an initial 24-hour Sharing Window. During that period, both connected Users may view each other’s shareable test results.

After a Sharing Window expires, either User may request to open a new Sharing Window or refresh access for another 24-hour period. A new or refreshed Sharing Window opens only if the other User accepts the request.

Uploading, updating, verifying, withdrawing, expiring, or superseding Test Results does not, by itself, open, close, extend, or refresh a Sharing Window. Those actions may affect which test results are available or eligible to be displayed during an open Sharing Window, but they do not determine whether a Sharing Window is open.

5.2  Exposure Alerts

Exposure Alerts are separate from Sharing Windows. A Sharing Window controls temporary visibility of shareable test results between connected Users. It does not control whether an Exposure Alert remains active, is sent, or is deactivated.

If a User enables Exposure Alerts for a connection through the App’s applicable feature, the App may create active Exposure Alerts for supported STIs and supported test types. An active Exposure Alert will remain active after the Sharing Window expires and will also remain active if the Users later disconnect, unless and until the Exposure Alert is sent or deactivated.

An active Exposure Alert will be sent if the User associated with that alert later reports a positive result for the applicable supported STI and the alert has not already been deactivated.  HSV-1 and HSV-2 are not supported for Exposure Alerts.

An active Exposure Alert will be deactivated if a relevant negative test result is reported outside the applicable Window Period for the STI and test type. A “Window Period” means the period of time after a potential exposure during which an infection may not yet be detectable by the applicable test. Window Periods may vary by STI and test type. A negative test result does not need to be verified to deactivate an Exposure Alert.

When a User receives an Exposure Alert, the User may receive a push notification directing the User to check the App for updates. Within the App, the applicable STI may display to that User as “Exposed.” Exposure status is visible only to the User who received the Exposure Alert and is not shared with other Users. If the User shares results with another User, or is already in an active Sharing Window, the App shares only the User’s shareable test results and does not share the User’s exposure status.

If a User’s current status for an STI is Positive, a later Exposure Alert for that STI does not change the User-facing status and no Exposure Alert push notification will be sent for that STI. Once a User reports a new negative or positive test result for the applicable STI, whether by self-attestation or by uploading a lab document, the User’s “Exposed” status for that STI will be updated to reflect the latest test result. A verified result is not required to clear an “Exposed” status.

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6. 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;
  • Take exclusive responsibility for controlling the sharing of (1) Test Results and (2) Exposure Alerts with other Users, and for the consequences of sharing health information;
  • Learn and understand the Alert Settings and the “Enable Exposure Alerts” settings, and carefully review Test-Result sharing requests from other Users; and
  • Acknowledge that Test Results are shared, and Exposure Alerts are sent, only while the applicable Sharing Window is open, and that both cease when a Test Result closes that Sharing Window.

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7. WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, you agree that:

  • Assumption of risk. You acknowledge that STI transmission risk exists despite testing, that test results may be inaccurate or out of date, and that reliance on User-submitted information carries inherent health risks. You knowingly and voluntarily assume all such risks associated with your use of the App.
  • No reliance for medical decisions. Any health-related decision you make is at your own risk, and you should consult a licensed healthcare provider before acting on information obtained through the App.
  • Release. To the fullest extent permitted by applicable law, you release, discharge, and hold harmless Velvet Verify, its affiliates, employees, contractors, and partners from claims, demands, and causes of action arising from your use of the App or your reliance on its content. This release does not apply to, and nothing in this Agreement waives, any liability that may not lawfully be released, including liability for gross negligence, willful misconduct, or fraud, or any right that cannot be waived under applicable 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, 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 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 THE APP BY ANY THIRD PARTY.

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8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNTS PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

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9. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its affiliates, employees, contractors, and partners from third-party claims, damages, liabilities, and reasonable expenses (including reasonable attorneys’ fees) to the extent arising from your breach of this Agreement, your violation of applicable law, your submission of inaccurate or fraudulent information, or your misuse of the App. This indemnification does not extend to claims arising from the Company’s own gross negligence, willful misconduct, or fraud.

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10. MODIFICATIONS

We may update this Agreement from time to time. We will update the “Last Updated” date and, where required by law, provide additional notice. Your continued use of the App after changes take effect means you accept the revised Agreement.

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11. TERMINATION

The Company may suspend or terminate access at any time, with or without cause. The provisions concerning waiver and assumption of risk, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and limitation period survive termination of this Agreement.

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12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to the binding-arbitration provision in Section 13, the state and federal courts located in the state and county where the Company is headquartered shall have exclusive jurisdiction and venue over any matter not subject to arbitration, and you consent to the personal jurisdiction of those courts. This governing-law and venue provision does not deprive you of the protection of any mandatory consumer-protection or consumer-health-data law of your home jurisdiction that applies notwithstanding the parties’ choice of law.

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13. DISPUTE RESOLUTION; ARBITRATION

This Section is governed by the Federal Arbitration Act. Except as otherwise required by applicable law, any and all disputes arising out of or relating to this Agreement or the App shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable consumer rules. You and the Company waive the right to a jury trial and the right to participate in a class, collective, or representative action. You may opt out of this arbitration and class-waiver provision by sending written notice within thirty (30) days of first accepting this Agreement to support@velvetverifyapp.com. If you opt out, the governing-law and venue terms in Section 12 govern your disputes.

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14. LIMITATION PERIOD

To the extent permitted by applicable law, any claim arising out of or relating to this Agreement or the App must be filed within one (1) year after the claim accrues, failing which the claim is permanently barred. Some jurisdictions do not permit shortened limitation periods; in those jurisdictions this Section applies only to the extent permitted.

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15. STATE-SPECIFIC CONSUMER PROTECTIONS

The following provisions apply to residents of the identified states and supplement the rest of this Agreement. Nothing in this Agreement waives any non-waivable right under the law of your state of residence.

15.1  California (CCPA/CPRA)

If you are a California resident, you may have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, including the rights to know what personal information is collected; to delete personal information; to correct inaccurate personal information; to opt out of the sale or sharing of personal information (the Company does not sell or share personal information for cross-context behavioral advertising); and to limit the use of sensitive personal information. Requests may be submitted as described in the Privacy Policy. 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 have read and understand California Civil Code §1542, which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected the settlement. To the extent permitted by law, you waive §1542 and similar laws of any jurisdiction. This waiver does not extend to any claim or right that may not lawfully be waived, including claims for gross negligence, willful misconduct, or fraud.

15.3  California Automatic Renewal Law (If Applicable)

If the App offers a subscription, the Company will provide clear disclosure of renewal terms, cancellation instructions, affirmative consent prior to enrollment, and an acknowledgment following enrollment. You may cancel at any time through your account settings.

15.4  Virginia (VCDPA)

If you are a Virginia resident, you may have rights under the Virginia Consumer Data Protection Act, including the rights to confirm, access, correct, delete, and obtain a portable copy of your personal data, and to opt out of targeted advertising, sale of personal data, and certain profiling. Because STI status and related information are “sensitive data” under the VCDPA, the Company processes such data only with your affirmative, opt-in consent, which you provide through the App’s in-App consent flows. You may appeal a denied request as described in the Privacy Policy.

15.5  New York (GBL §§349–350; SHIELD Act)

If you are a New York resident: the Company does not represent that the App provides medical advice, diagnostic services, or any guarantee of STI status, and all verification determinations are automated document-authentication processes only. Nothing in this Agreement waives non-waivable rights under New York General Business Law §349 or §350. The Company maintains reasonable administrative, technical, and physical safeguards designed to protect private information consistent with the New York SHIELD Act.

15.6  Washington (My Health My Data Act) and Nevada (SB 370)

If you are a Washington or Nevada resident, the information you provide regarding STI status and testing constitutes regulated consumer health data. The Company collects such data only with your affirmative consent and shares it only with your separate, valid authorization, and does not sell consumer health data. You have the right to confirm whether the Company collects, shares, or sells your consumer health data, to access it, to withdraw consent, and to request deletion, as described in the Privacy Policy and the Company’s Consumer Health Data Privacy disclosure. Withdrawing consent or requesting deletion may limit or end your ability to use the App’s sharing features.

15.7  Other States

Residents of other states with comprehensive privacy or consumer-health-data laws may have similar rights to access, correct, delete, and port their data, and to opt out of certain processing. The Company honors those rights to the extent required by applicable law; see the Privacy Policy for how to submit a request.

15.8  Severability of State Provisions

If any portion of this Section 15 is found unenforceable under applicable state law, the remainder of this Section and this Agreement shall remain in full force and effect.

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16. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.

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17. CONTACT INFORMATION

For questions about this Agreement or your rights, contact:

Velvet Verify

Velvet Verify Inc.

support@velvetverifyapp.com

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44-70 21st St, #3113

Long Island City, NY 11101

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18. ELECTRONIC SIGNATURE

An electronic signature (e-signature) refers to any electronic process that indicates acceptance of an agreement or record. Electronic signatures use common authentication methods to verify signer identity, such as email, a password, or a one-time PIN sent to a mobile phone (OTP). Proof of signing may be demonstrated through a secured process that includes an audit trail and a tamper-evident record of acceptance. A digital signature uses a digital certificate from a trust service provider, such as a certificate authority, to authenticate a signer’s identity, binding the certificate to the record using encryption.

BY CLICKING “ACCEPT” OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT, INCLUDING THE BINDING-ARBITRATION AND CLASS-WAIVER PROVISIONS, AND THAT YOU VOLUNTARILY ASSUME THE RISKS AND WAIVE CERTAIN LEGAL RIGHTS AS DESCRIBED ABOVE TO THE EXTENT PERMITTED BY LAW. BY ENTERING THE TEMPORARY PASSWORD AND AUTHENTICATING YOUR MEANS OF CONTACT, YOU HAVE PROVIDED YOUR ELECTRONIC SIGNATURE.

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