1. Acceptance of Terms

By accessing or using the DiaFem platform, website, mobile application, or any related services (collectively, the “Platform”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Platform.

These Terms constitute a legally binding agreement between you and DiaFem. Our Privacy Policy, and where applicable our Notice of Privacy Practices and Consumer Health Data Privacy Policy, are incorporated into these Terms by reference and explain how we collect, use, and protect your information.

We reserve the right to update these Terms at any time. Material changes will be communicated via email or in-platform notification before they take effect. Your continued use of the Platform following notification constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may cancel your subscription.

2. Eligibility

You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you meet this requirement. The Platform is intended for use by individuals seeking to support and understand their hormonal and reproductive health. It is not intended for use by healthcare providers as a clinical decision-making tool without appropriate professional judgment.

The Platform is currently offered only to individuals located in the United States. Clinician services are available only in states where a participating clinician is licensed to practice, and availability may change. You agree to provide your accurate location and to use clinician services only while physically located in a state where those services are offered.

3. Not a Medical Device — Important Disclaimer

DiaFem is a health support and wellness platform. It is not a licensed medical device, and it does not diagnose, treat, cure, or prevent any disease or medical condition.

The information, recommendations, protocols, and content provided through the Platform — including AI-generated insights, clinician visit summaries, and personalized health guidance — are intended to support informed conversations with your healthcare provider. They do not constitute medical advice and do not replace the judgment of a licensed clinician.

Always consult a qualified healthcare professional before making changes to your medication, treatment plan, or clinical care. In the event of a medical emergency, call 911 or your local emergency services immediately. If you are in crisis or thinking about harming yourself, call or text 988 to reach the 988 Suicide & Crisis Lifeline. The Platform, including the health agent and in-app messaging, is not monitored for emergencies.

DiaFem assumes no liability for clinical decisions made based on information provided through the Platform.

4. Your Account

To access certain features of the Platform, you must create an account. You agree to:

• Provide accurate, complete, and current information during registration, and keep it up to date.
• Maintain the security of your account credentials and not share them with any third party.
• Notify us immediately at contact@diafem.care if you suspect unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or harmful activity.

5. Platform Access and Acceptable Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial health support purposes.

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to any part of the Platform, its infrastructure, or other users’ accounts.
• Reverse engineer, decompile, or attempt to extract the source code of any part of the Platform.
• Upload or transmit any malicious code, viruses, or harmful content.
• Use bots, scrapers, or other automated means to access or collect data from the Platform.
• Use the Platform to harass, abuse, or harm any other person.
• Reproduce, distribute, or commercially exploit any content from the Platform without our written consent.
• Misrepresent your identity or health information in a way that could compromise the integrity of your care.

6. Health Data and AI

By using the Platform, you authorize DiaFem to collect, process, and analyze your health data — including symptoms, cycle data, wearable metrics, lab results, and biomarkers — solely for the purpose of providing your personalized care experience, as further described in our Privacy Policy.

You understand and agree that:

• AI-generated recommendations are supportive tools, not clinical diagnoses. All AI outputs are intended to complement, not replace, licensed clinical care.
• AI outputs can be incomplete or inaccurate. You should review them with your clinician and not rely on them alone.
• DiaFem uses de-identified, aggregated data to improve its AI models. Your individually identifiable health data will never be used for AI training without your explicit written consent.
• You retain full ownership of your health data at all times.
• You may request access to, correction of, or deletion of your health data by contacting contact@diafem.care, subject to records we are required by law to retain.

7. Clinician Services and Telehealth

Where the Platform connects you with licensed clinicians, those clinicians are independent professionals. DiaFem facilitates the connection and provides supporting tools — it does not employ or control the clinical judgment of those practitioners.

Clinician services available through the Platform do not constitute an ongoing doctor-patient relationship unless explicitly established through a formal clinical agreement. Any clinician-patient relationship formed through the Platform is governed by applicable medical practice laws in your jurisdiction.

Clinician services are delivered by telehealth. By using them, you consent to receiving care remotely and acknowledge its limitations, including that a clinician cannot perform a physical examination and that technology failures may interrupt or delay care. A clinician may determine that telehealth is not appropriate for you and refer you to in-person care.

Any prescription, lab order, or referral is issued solely at the clinician’s professional discretion. DiaFem does not guarantee that any particular medication, test, or treatment will be prescribed or ordered. Laboratory testing is performed by independent, certified laboratories. You are responsible for reviewing your results and following up on recommended care.

8. Third-Party Services and Devices

The Platform may connect with third-party services, including wearable devices, laboratories, pharmacies, payment processors, and app stores. Your use of those services is governed by their own terms and privacy policies. DiaFem is not responsible for the availability, accuracy, or practices of third-party services, and connecting a third-party service authorizes us to receive data from it for the purposes described in these Terms and our Privacy Policy.

9. Communications and Electronic Consent

You agree that we may provide notices, disclosures, and other communications to you electronically, including by email, in-platform message, and push notification, and that these electronic communications satisfy any legal requirement that they be in writing.

If you opt in to text messages, you agree to receive recurring automated messages about your care and account at the number you provide. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to opt out or HELP for help. Messages and emails may contain limited health information; you can update your communication preferences in your account settings.

10. Subscription, Billing, and Cancellation

Access to certain features of the Platform requires a paid subscription. By subscribing, you authorize DiaFem and its payment processor to charge your payment method on a recurring basis at the rate and billing frequency disclosed at the time of purchase, plus any applicable taxes, until you cancel.

• Subscriptions auto-renew unless canceled at least 24 hours before the end of the current billing period.
• You may cancel your subscription at any time through your account settings or by contacting contact@diafem.care. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds are issued at our discretion and in accordance with applicable consumer protection laws.
• We reserve the right to modify pricing with 30 days’ advance notice to subscribers. Price changes apply from your next billing period after the notice period.
• If a payment fails, we may retry the charge or suspend paid features until payment is received.
• Free features, assessments, trials, and waitlist offers may be changed or discontinued at any time.

11. Intellectual Property

All content, features, design, code, and materials on the Platform — including but not limited to text, graphics, logos, AI models, and protocols — are the intellectual property of DiaFem and are protected by applicable copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any Platform content without our prior written consent. Your health data remains your property. DiaFem claims no ownership over your personal or health information.

If you send us suggestions or feedback about the Platform, you grant DiaFem a perpetual, royalty-free right to use them without obligation to you. Feedback does not include your health data.

If you believe content on the Platform infringes your copyright, send a notice to contact@diafem.care identifying the work, the material, and your contact information.

12. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Platform and all content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. DiaFem does not warrant that the Platform will be uninterrupted, error-free, or secure, or that any health outcome will result from its use. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

13. Limitation of Liability

To the maximum extent permitted by applicable law, DiaFem, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform — including but not limited to damages for health outcomes, data loss, or service interruption.

Our total liability to you for any claim arising from your use of the Platform shall not exceed the greater of the amount you paid to DiaFem in the 12 months preceding the claim or one hundred U.S. dollars ($100).

Nothing in these Terms limits our liability for death, personal injury, fraud, or any liability that cannot be excluded under applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless DiaFem and its affiliates from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or in any way connected with your use of the Platform, your violation of these Terms, or your violation of any applicable law or third-party rights.

15. Termination

You may stop using the Platform and close your account at any time through your account settings or by contacting contact@diafem.care.

We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Platform ceases immediately. We will retain or delete your data as described in our Privacy Policy, except for medical records we are required by law to retain.

Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution — will continue to apply.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Platform shall first be attempted to be resolved through good-faith negotiation. To start that process, email a written description of the dispute to contact@diafem.care.

If unresolved within 30 days, disputes shall be submitted to binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association, conducted in Delaware or, at your election, by video conference. Fees will be allocated as provided in those rules.

• Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect its intellectual property.
• Class action and jury waiver. You and DiaFem each waive any right to a jury trial and to participate in a class action lawsuit or class-wide arbitration. Claims may be brought only on an individual basis.
• Opt-out. You may opt out of this arbitration agreement by emailing contact@diafem.care within 30 days of first accepting these Terms, with your name and a statement that you opt out of arbitration.
• Severability. If the class action waiver is found unenforceable for any claim, that claim will proceed in court, not in arbitration.

17. General

• Entire agreement. These Terms, together with the policies they incorporate, are the entire agreement between you and DiaFem regarding the Platform.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• App stores. If you download our mobile application from an app store, you also agree to that store’s terms. The app store is not responsible for the application or its support.
• Notices. We may send notices to the email address associated with your account. You may send notices to us at contact@diafem.care.

18. Contact

For questions about these Terms, contact us at: contact@diafem.care
Website: DiaFem.care