Terms of Use

Effective Date: March 19, 2026 Entity: Hoot Health Inc. Governing Law: State of New Jersey Last Revised: March 2026

Binding Arbitration Notice — Please Read These Terms of Use include a mutual binding arbitration agreement in Section 10 that requires resolution of most disputes by individual arbitration, and a class action waiver, unless you opt out as provided in Section 10. By using this website or platform, you agree to these terms. If you do not agree, do not use this website or platform.

No Medical Advice Hoot does not provide medical advice. Nothing on our Platform or in Hoot Content constitutes, or should be used as a substitute for, professional medical advice, diagnosis, or treatment. Always seek the advice of your qualified health care provider with any medical questions. If you believe you are experiencing a medical emergency, call 911 immediately.

1. Introduction

Please review these Terms of Use carefully. By accessing or using this website or the Hoot Health platform (the “Platform”), these Terms of Use become a binding legal agreement between you (“you,” “your,” “End User”) and Hoot Health Inc., a Delaware corporation (“we,” “us,” “Hoot”). These Terms of Use apply to all users of the Platform, including patients, caregivers, and authorized representatives.

Hoot provides physician-led digital health education, content delivery, and patient engagement services to assist medical professionals and patients in managing various health conditions, including myopia care (the “Services”). You agree that we may share information you submit on the Platform with your health care provider and send you emails and text messages on behalf of your health care provider, in each case as further described in Sections 5 and 6 below and subject to applicable law, including the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”).

HOOT DOES NOT PROVIDE MEDICAL ADVICE. DO NOT RELY ON OUR PLATFORM, CONTENT, OR MATERIALS FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT YOUR QUALIFIED HEALTH CARE PROVIDER.

By using this Platform, you agree to all terms and conditions in these Terms of Use, including our Privacy Policy, which is incorporated by reference. If you do not agree, do not use this Platform.

These Terms of Use are subject to change as described in Section 12.7. The most current version will always be posted at gethoot.com/terms-of-use/.

2. Definitions

The following defined terms are used throughout these Terms of Use. Additional defined terms appear in context. Defined terms are capitalized when used after their initial definition.

“Applicable Law” Any federal, state, or local law, statute, regulation, ordinance, rule, court order, or arbitration determination that applies to you or us in a given circumstance, including HIPAA, HITECH, COPPA, CCPA/CPRA, and applicable state health data privacy laws.

“HIPAA” The Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), the American Recovery and Reinvestment Act of 2009 (ARRA), the Consolidated Appropriations Act, 2021 (CAA-21), and any regulations promulgated thereunder, including the Privacy Rule (45 C.F.R. Parts 160 and 164) and the Security Rule (45 C.F.R. Part 164).

“Hoot Content” Content created or provided by Hoot, including educational materials, physician-led video content, AI-generated content, marketing materials, forms, agreements, and other materials displayed in the Services or on the Platform, in any format.

“Hoot Data” Data and data compilations aggregated, compiled, copied, created, or derived by Hoot from User Data or from use of the Platform or Services, including de-identified PHI and derived analytics. Hoot Data does not include PHI that has not been de-identified.

“PHI” Protected Health Information, as defined under the HIPAA Rules (45 C.F.R. § 160.103), that Hoot may receive, create, maintain, use, or disclose as a business associate on behalf of your Provider, as a covered entity.

“Platform” The electronic systems, applications, and internet sites operated by Hoot, including gethoot.com, and any associated mobile applications, patient portals, or digital tools.

“Provider” Your licensed health care provider who participates in or refers you to the Hoot Platform.

“User Data” Data and data compilations you or your Provider provide or make available to Hoot in connection with use of the Platform or Services, including personal information and PHI.

“De-identified Data” Data that has been de-identified in accordance with the standards of 45 C.F.R. § 164.514(a)–(c) such that it no longer constitutes PHI and cannot reasonably be used to identify an individual. De-identified Data is not PHI and is not subject to HIPAA restrictions.

“AI Content” Content generated, summarized, or augmented by artificial intelligence or machine learning systems operated by or on behalf of Hoot, including automated patient education materials, risk summaries, and treatment pathway recommendations.

3. Intellectual Property Rights

3.1 Hoot’s Intellectual Property Between you and Hoot, Hoot owns all right, title, and interest in and to the Services, Platform, Hoot Content, Hoot Data, and all AI Content (collectively, “Hoot Property”), including all components, derivative works, and associated copyrights, patents, trade secrets, trademarks, and other intellectual property rights. All rights in the Hoot Property not expressly granted to you in these Terms of Use are reserved by Hoot. You acquire no ownership interest, license, derivative work, or component of the Hoot Property through your use of it, and you are not granted any right to use any trademark, service mark, logo, or trade name of Hoot.

3.2 License to User Data; Hoot’s Ownership of Hoot Data You grant Hoot a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide license to access, store, process, use, copy, record, modify, aggregate, de-identify, make compilations of, make derivative works from, translate, disclose, transfer, sublicense, and export User Data, subject to the following material limitations:

a. HIPAA Compliance: Hoot may only use, disclose, or process your PHI in compliance with HIPAA, the terms of the applicable Business Associate Agreement between Hoot and your Provider, and any valid authorization you have separately provided. Hoot may not sell your PHI without your separate, written, HIPAA-compliant authorization as required by ARRA § 13405(d) and 45 C.F.R. § 164.508(a)(3).

b. De-identification: Hoot may de-identify PHI in accordance with 45 C.F.R. § 164.514. PHI that has been de-identified to the applicable standard ceases to be PHI and is not subject to HIPAA restrictions. Hoot owns all De-identified Data it creates and may use, sell, license, or otherwise commercialize De-identified Data without restriction.

c. AI and Machine Learning: Hoot may use User Data (in de-identified or aggregated form) to train, validate, and improve AI and machine learning models used in the Platform and Services. Hoot retains sole and exclusive ownership of all AI models, algorithms, and derived insights developed using such data.

d. No PHI Monetization Without Authorization: Hoot will not directly sell or disclose identifiable PHI to third parties for financial remuneration without a valid individual authorization as required by ARRA § 13405(d). You are not entitled to compensation for Hoot’s licensed use of de-identified or non-PHI User Data.

Hoot owns all Hoot Data. To the extent you have any rights in Hoot Data, you hereby assign all such rights to Hoot.

3.3 Feedback License We encourage you to submit feedback, suggestions, enhancement requests, recommendations, corrections, or other input regarding the Hoot Property (“Feedback”). By submitting Feedback, you grant Hoot an exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide license to use, copy, modify, create derivative works from, distribute, display, publish, and otherwise exploit the Feedback in any form or medium, without restriction or compensation to you. Hoot has no obligation to keep Feedback confidential, to pay any compensation for Feedback, or to respond to any Feedback. You are solely responsible for the accuracy and legality of any Feedback you submit.

3.4 AI Content Disclosure Some Hoot Content may be generated or augmented by artificial intelligence systems. AI Content is intended for informational and educational purposes only. AI Content does not constitute medical advice and may contain errors. Always consult your licensed health care provider before making any health care decisions. Hoot makes no representation that AI Content is free from inaccuracies or reflects the most current clinical evidence.

4. Your Use of the Platform

4.1 Permitted Use Subject to these Terms of Use, you may use the Platform for your personal, non-commercial health care and education purposes. You may not use the Platform for any business, commercial, or competitive purpose except as expressly authorized by Hoot in writing.

4.2 Age Requirements; Children’s Privacy You must be 18 years of age or older to create an account or independently use the Platform. Our Platform is not directed to children under 13. We do not knowingly collect personal information directly from children under 13, consistent with the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq. If you are a parent or legal guardian, you may provide personal information about your child (including a minor patient) in connection with the child’s health care through the Platform, and by doing so, you consent to our collection and use of that information as described in our Privacy Policy and these Terms of Use. If you believe we have inadvertently collected personal information from a child under 13 without parental consent, please contact us at [email protected] and we will promptly delete it.

4.3 No Medical Advice

Important Medical Disclaimer OUR PLATFORM AND HOOT CONTENT ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. WE ARE NOT A HEALTH CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING ON OUR PLATFORM OR IN THE HOOT CONTENT SHOULD BE USED TO MAKE MEDICAL DECISIONS OR TAKEN AS A SUBSTITUTE FOR MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PROVIDER OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING TREATMENT BASED ON SOMETHING YOU READ ON OUR PLATFORM. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. RELIANCE ON ANY INFORMATION PROVIDED ON OUR PLATFORM OR IN THE HOOT CONTENT IS SOLELY AT YOUR OWN RISK.

4.4 Account and Security You are required to create an account to access certain features of the Platform. The following responsibilities apply to your account:

a. Account Security: You are responsible for maintaining the confidentiality and security of your account credentials (username, password, multi-factor authentication codes). You agree to use commercially reasonable efforts to prevent unauthorized access to your account.

b. Unique Credentials: Each End User must have unique access credentials. You may not share access credentials with any other person.

c. No Account Sharing: Your account is personal to you. You will not allow any other person to access or use your account.

d. Unauthorized Access Notice: You will notify us immediately at [email protected] of any unauthorized access to or use of your account or the Platform. Hoot has no liability for unauthorized access caused by your acts, omissions, or breach of these Terms of Use.

4.5 Data Backup You are solely responsible for backing up your User Data. Hoot is not responsible for backup, recovery, or loss of User Data. Hoot expressly disclaims any data storage or backup obligations, except as required by HIPAA or other Applicable Law with respect to PHI.

4.6 Accuracy of Information You are solely responsible for the accuracy, quality, integrity, legality, and reliability of all information you provide or make available to Hoot. Hoot does not assume responsibility to review, screen, or verify User Data.

4.7 Legal Compliance You are solely responsible for compliance with all Applicable Law related to your use of the Platform. You agree to provide reasonable cooperation regarding lawful requests from law enforcement or governmental authorities, consistent with applicable privacy law.

4.8 Prohibited Uses You will not engage in any of the following prohibited activities (“Prohibited Use”):

a. Decompile, disassemble, or reverse engineer the Platform, or attempt to obtain source code from any component of the Platform; b. Duplicate, copy, or create any derivative product from the Platform or any component thereof; c. License, sublicense, lease, resell, or transfer the Platform to any third party; d. Access the Platform if you are a direct competitor of Hoot, or access the Platform for any competitive intelligence or benchmarking purpose; e. Remove any copyright, trademark, or other proprietary notice from the Platform; f. Transmit material containing viruses, malware, ransomware, or other harmful code, files, scripts, or programs; g. Interfere with or disrupt the integrity, performance, or security of the Platform; h. Attempt to bypass, exploit, defeat, or disable any security limitation or restriction placed on the Platform; i. Conduct any denial of service (DoS) attack or otherwise attempt to disrupt, disable, or overload the Platform; j. Attempt to gain access to the Platform by automated means, such as bots, scrapers, or scripts, without Hoot’s prior written consent; k. Attempt to gain unauthorized access to the Platform, computer systems, or networks; l. Create a false identity or attempt to mislead others as to your identity or the origin of any data; m. Use the Platform to violate any Applicable Law, including HIPAA, COPPA, TCPA, or applicable state privacy laws; or n. Interfere with any other user’s use and enjoyment of the Platform.

4.9 Account Suspension; Removal of User Data Hoot may suspend your account, suspend your access to the Platform, or remove User Data, immediately and without prior notice if Hoot reasonably believes: (a) you have materially breached any provision of these Terms of Use; (b) your use of the Platform threatens its security, integrity, or reliability; (c) there has been unauthorized access or fraud related to your account; (d) information in your account is untrue or inaccurate; or (e) continued provision of the Platform creates legal, regulatory, or compliance risk for Hoot or you. Hoot will provide notice of suspension to you at the email address on file as soon as reasonably practicable after any suspension.

4.10 Platform Changes Hoot may update, modify, or discontinue any features or functions of the Platform at any time. Hoot will endeavor to provide reasonable advance notice of material changes. Continued use of the Platform after notice of changes constitutes your acceptance of those changes.

5. Personal Information and Protected Health Information

5.1 Personal Information Hoot may collect, use, disclose, and maintain personal information as described in our Privacy Policy and these Terms of Use. You represent and warrant that you have complied with all Applicable Law and obtained all necessary consents and authorizations to allow Hoot to collect and process personal information you provide or make available.

5.2 Children’s Personal Information Hoot does not collect personal information directly from children under 13. As a parent or legal guardian, you may provide personal information about your child through the Platform. By doing so, you represent that you have full legal authority to do so, and you consent to our collection and use of your child’s personal information as described in our Privacy Policy. For information about parental rights under COPPA and applicable state laws, see our Privacy Policy or contact [email protected].

5.3 Protected Health Information (PHI) Hoot collects and uses PHI as a business associate of your Provider, subject to the Business Associate Agreement between Hoot and your Provider, HIPAA, and any HIPAA authorization you have separately provided. You represent and warrant that you have complied with all Applicable Law and obtained all necessary consents and authorizations to allow Hoot to collect and process PHI you provide or make available. For information about your HIPAA rights, including the right to access, amend, or restrict use of your PHI, contact your Provider or Hoot’s Privacy Officer at [email protected].

5.4 Sharing Information with Your Provider You agree that Hoot may share information you provide or make available to us with your Provider as necessary to provide the Services. You may have rights to make requests, access, amend, or revoke authorizations regarding your information under HIPAA, applicable state privacy laws, or other Applicable Law. Requests related to PHI should be made directly to your Provider. If you make such a request to Hoot, we will direct your request to your Provider within five (5) business days.

5.5 De-identified and Anonymized Data De-identified Data is not personal information and is not PHI. HIPAA restrictions and the personal information provisions of our Privacy Policy do not apply to De-identified Data, even if it was created or derived from personal information or PHI. Hoot owns all De-identified Data it creates and may use, license, sell, or otherwise commercialize such data without restriction.

5.6 Data Security Hoot maintains administrative, physical, and technical safeguards designed to protect your personal information and PHI against unauthorized access, use, disclosure, alteration, or destruction, consistent with HIPAA’s Security Rule (45 C.F.R. Part 164, Subpart C) and applicable industry standards. These include encryption of PHI at rest and in transit, access controls, audit logging, and periodic security risk assessments. However, no method of electronic transmission or storage is 100% secure, and Hoot cannot guarantee absolute security. In the event of a data breach affecting your PHI, Hoot will notify you and your Provider in accordance with HIPAA’s breach notification requirements (45 C.F.R. §§ 164.400–414) and applicable state law.

5.7 Data Retention and Deletion Hoot retains your personal information and PHI for as long as necessary to provide the Services, comply with Applicable Law (including HIPAA’s six-year retention requirement for certain records under 45 C.F.R. § 164.530(j)), resolve disputes, and enforce our agreements. You may request deletion of your personal information (to the extent it is not PHI or subject to a legal retention obligation) by contacting [email protected]. Hoot will respond to deletion requests within thirty (30) days, subject to applicable legal exceptions.

6. Communications; Consent and Opt-Out Rights

6.1 Consent to Communications By creating an account or using the Platform, you expressly consent to receive communications from Hoot and your Provider, including educational content, health care-related communications, and marketing communications, via email and through the Platform. To the extent you separately consent in writing (including by signing a HIPAA Authorization Form), Hoot and your Provider may also send you marketing communications via text message (SMS/MMS), as further described in Section 6.2.

6.2 Text Message (SMS/MMS) Communications; TCPA Compliance By providing your mobile phone number and affirmatively consenting to text messaging on the Platform or in a separate written authorization, you expressly authorize Hoot and/or your Provider to send you text messages (SMS/MMS) for health care, educational, and marketing purposes using automatic telephone dialing systems or prerecorded messages, consistent with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable regulations. Your consent to marketing text messages is not a condition of purchasing any goods or services. Standard message and data rates may apply. You may receive up to [●] messages per month. To opt out of text message marketing at any time, reply STOP to any text message or contact us at [email protected]. After opting out, you may receive a single confirmation message. For help, reply HELP or contact us at [email protected].

6.3 Opt-Out Rights You may manage your communication preferences as follows:

a. Email Marketing Opt-Out: You may opt out of marketing emails at any time by clicking the unsubscribe link in any marketing email or by emailing [email protected]. Even if you opt out of marketing emails, Hoot may continue to send you non-marketing communications related to your account, your care, and legal or regulatory notices.

b. Text Message Opt-Out: Reply STOP to any text message or email [email protected].

c. PHI Marketing Revocation: If you have authorized Hoot to use or disclose your PHI for marketing purposes, you may revoke that authorization at any time in writing by contacting [email protected]. Revocation does not apply to uses or disclosures already made in reliance on your authorization.

d. Update Your Profile: You may update or correct your personal information and communication preferences by logging into your account or contacting [email protected].

To exercise any of the above, contact us at [email protected] or [email protected]. Hoot will respond to communication preference requests within ten (10) business days. Identity verification may be required.

7. Representations, Warranties, and Disclaimer

7.1 Your Representations and Warranties By entering into these Terms of Use, you represent and warrant that:

a. Valid Agreement: You have the legal capacity and authority to enter into and be bound by these Terms of Use;

b. User Data Rights: You have all rights necessary to grant Hoot the rights and licenses to User Data described in these Terms of Use; the User Data is accurate and complete; you have obtained User Data lawfully; the User Data does not violate any Applicable Law or any third party’s rights; you have complied with all Applicable Law, provided all required notices, and obtained all necessary consents for Hoot to collect and use User Data as described herein; and Hoot may exercise its rights in User Data without cost or liability to any third party;

c. No Sanctions: You are not listed on any government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list (“Sanctions Lists”). If you become listed on any Sanctions List, you will immediately notify Hoot and discontinue use of the Platform; and

d. Lawful PHI: All PHI you provide or make available to Hoot was obtained lawfully and in compliance with all Applicable Law, including HIPAA.

7.2 Hoot’s Representations and Warranties Hoot represents and warrants that: (a) it has the legal capacity and authority to enter into and be bound by these Terms of Use; and (b) Hoot will maintain HIPAA compliance with respect to your PHI in accordance with the Business Associate Agreement between Hoot and your Provider.

7.3 Disclaimer of Warranties

Disclaimer of Warranties — Please Read EXCEPT AS EXPRESSLY WARRANTED IN THESE TERMS OF USE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, HOOT CONTENT, AI CONTENT, AND ALL OTHER MATERIALS, DATA, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED UNDER THESE TERMS OF USE OR ON THE PLATFORM ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” HOOT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, NON-INTERFERENCE, ABSENCE OF LATENT OR PATENT DEFECTS, AND SECURITY OF DATA. HOOT DOES NOT WARRANT THAT THE PLATFORM OR HOOT CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, OR ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED. AI CONTENT MAY CONTAIN INACCURACIES AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT. THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HOOT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DAMAGES RESULTING FROM SUCH PROBLEMS.

8. Indemnification

8.1 Your Indemnification of Hoot You agree to defend, indemnify, and hold harmless Hoot, its affiliates, and their respective directors, officers, employees, agents, licensors, and suppliers from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform or Hoot Content; (b) your breach of these Terms of Use; (c) your violation of any Applicable Law; (d) your infringement of any third party’s rights, including intellectual property rights or privacy rights; or (e) the inaccuracy, falsity, or unlawfulness of any User Data or information you provide to Hoot.

8.2 Hoot’s Indemnification Hoot agrees to defend, indemnify, and hold harmless you from and against any third-party claims arising directly from Hoot’s material breach of its HIPAA obligations under these Terms of Use or the applicable Business Associate Agreement, to the extent caused by Hoot’s gross negligence or willful misconduct and not by your acts or omissions. This indemnification is subject to the liability limitations set forth in Section 9.

9. Limitations of Liability

Important — Please Read These Limitations Carefully These limitations of liability are an essential part of these Terms of Use and reflect the allocation of risk between you and Hoot. Without these limitations, the terms of this agreement would be substantially different.

9.1 Exclusion of Consequential Damages TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT WITH RESPECT TO (A) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 8.1, (B) HOOT’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 8.2, OR (C) HOOT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH PHI, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, INCLUDING LOST PROFITS, LOSS OF DATA, COSTS OF DELAY, FAILURE OF DELIVERY, BUSINESS INTERRUPTION, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Specific Exclusions EXCEPT TO THE EXTENT CAUSED BY HOOT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, HOOT HAS NO LIABILITY FOR: UNAUTHORIZED ACCESS TO, LOSS, OR THEFT OF YOUR ACCOUNT, INFORMATION, OR DATA CAUSED BY YOUR ACTS OR OMISSIONS; PERSONAL INJURY ARISING FROM YOUR FAILURE TO FOLLOW MEDICAL ADVICE; OR LIABILITIES TO THIRD PARTIES ARISING FROM YOUR USE OF THE PLATFORM.

9.3 Force Majeure Hoot is not liable for delays, failures, or damages caused by circumstances beyond Hoot’s reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, widespread internet outages, or criminal activity by unrelated third parties; provided that Hoot uses commercially reasonable efforts to mitigate the impact of such events and resumes performance as soon as practicable.

9.4 Aggregate Liability Cap TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT WITH RESPECT TO (A) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 8.1, (B) HOOT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH PHI, OR (C) HOOT’S MATERIAL HIPAA VIOLATIONS, HOOT’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL FEES PAID OR PAYABLE BY YOU TO HOOT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE THOUSAND DOLLARS ($1,000). THIS CAP REFLECTS THE CONSUMER NATURE OF END USER ACCESS TO THE PLATFORM AND DOES NOT LIMIT HOOT’S LIABILITY UNDER APPLICABLE CONSUMER PROTECTION LAWS TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

9.5 Statute of Limitations To the fullest extent permitted by Applicable Law, all claims arising out of or related to these Terms of Use must be brought within two (2) years of the date the claim arises, regardless of any longer limitations period provided by Applicable Law, except that this limitation does not apply to claims involving HIPAA violations, which are subject to the applicable statutory limitations period.

10. Disputes; Binding Arbitration

Please Read This Arbitration Agreement Carefully This section contains a binding arbitration agreement and class action waiver that affect your legal rights. Unless you opt out as described in Section 10.4, most disputes between you and Hoot will be resolved by binding individual arbitration, not in court. You have the right to opt out within 30 days of first accessing the Platform.

10.1 Summary By entering into these Terms of Use, you agree to resolve any dispute with Hoot first informally (Section 10.2), and then, if unresolved, through binding individual arbitration or small claims court (Section 10.3) unless you opt out (Section 10.4), and to waive your right to participate in a class action (Section 10.6).

10.2 Good Faith Negotiation Before initiating any arbitration or court proceeding, you must first send a written description of your claim to Hoot at [email protected] and allow Hoot 60 days to attempt to resolve the claim in good faith. You may not commence arbitration or any court proceeding until this 60-day period has elapsed and good faith negotiation efforts have been made.

10.3 Binding Arbitration EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OUR PRIVACY POLICY, HOOT CONTENT, OR THE PLATFORM, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 ET SEQ.) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MAY AWARD THE SAME DAMAGES AND RELIEF AS A COURT, INCLUDING ATTORNEYS’ FEES.

10.4 Right to Opt Out of Arbitration

You Have the Right to Opt Out You may opt out of this arbitration agreement within 30 days of the date you first created your account or first accessed the Platform (the “Opt-Out Deadline”). To opt out, send a written request to [email protected] clearly stating that you wish to opt out of the arbitration agreement in the Terms of Use. Opt-out requests received after the Opt-Out Deadline will not be valid.

10.5 Arbitration Procedures Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time arbitration is commenced, available at www.adr.org or by calling 1-800-778-7879. To begin arbitration, send a written request to Hoot’s registered agent: Hoot Health, Inc., 3495 US Highway 1, STE 34 #1126, Princeton, NJ 08540, and to the AAA. A single arbitrator will be selected using the AAA’s standard procedures. Payment of filing, administration, and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules. If you initiate arbitration, Hoot will reimburse your AAA initial filing fee at the conclusion of the arbitration, to the extent it exceeds the fee for filing a complaint in a federal or state court of competent jurisdiction, unless the arbitrator finds your claim was frivolous or brought for an improper purpose. For claims under $75,000 where you provided the required notice and negotiated in good faith, if you are the prevailing party, you may recover reasonable attorneys’ fees and costs. If Hoot is the prevailing party, it may seek reimbursement of reasonable attorneys’ fees and costs unless prohibited by Applicable Law.

10.6 Class Action Waiver YOU AND HOOT EACH AGREE THAT ALL PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION.

Right to Opt Out of Class Action Waiver You may opt out of the class action waiver within 30 days of first creating your account or accessing the Platform by emailing [email protected] and clearly stating you wish to opt out of the class action waiver. Opt-out requests after the 30-day deadline will not be valid.

10.7 Injunctive Relief Nothing in this Section 10 prevents either party from seeking emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent immediate and irreparable harm, including in connection with any breach of Sections 3, 4, 5, or 7 of these Terms of Use. Such equitable relief is in addition to all other remedies available at law, in equity, or in arbitration.

10.8 Jury Trial Waiver IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND HOOT EACH WAIVE ANY RIGHT TO A JURY TRIAL.

11. Privacy; State-Specific Rights

11.1 Privacy Policy Hoot’s collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. In the event of a conflict between these Terms of Use and the Privacy Policy with respect to personal information, the Privacy Policy controls.

11.2 HIPAA Rights If you are a patient whose PHI is handled by Hoot in its capacity as a business associate of your Provider, you have the following rights under HIPAA (45 C.F.R. §§ 164.500–534), exercisable through your Provider:

Right to access and receive a copy of your PHI;
Right to request amendment of your PHI;
Right to an accounting of disclosures of your PHI;
Right to request restrictions on uses and disclosures of your PHI;
Right to receive a Notice of Privacy Practices from your Provider;
Right to revoke any authorization you have provided; and
Right to file a complaint with HHS OCR at www.hhs.gov/ocr/privacy/hipaa/complaints or by calling 1-800-368-1019. Hoot will not retaliate against you for filing a complaint.

To exercise HIPAA rights related to PHI held by Hoot, contact Hoot’s Privacy Officer at [email protected].

11.3 California Residents If you are a California resident, you have additional rights under the California Consumer Privacy Act of 2018 and the California Privacy Rights Act (together, “CCPA/CPRA”), including the right to know, delete, correct, and opt out of the sale or sharing of your personal information, and the right not to be discriminated against for exercising your privacy rights. You also have rights under the California Confidentiality of Medical Information Act (Cal. Civ. Code § 56 et seq.) (“CMIA”) with respect to your medical information. To exercise your California rights, see our Privacy Policy or contact [email protected].

11.4 Illinois Residents If you are an Illinois resident and Hoot collects or processes your biometric data (such as iris scans used in myopia care), you have rights under the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (“BIPA”), including the right to receive a written release form, a written retention and destruction schedule, and to be informed of the specific purpose and length of time for which biometric data is collected. Hoot will not sell, lease, or otherwise profit from your biometric data. Contact [email protected] for information about Hoot’s biometric data practices.

11.5 New York Residents If you are a New York resident, you have rights under the New York SHIELD Act and the New York Health Information Privacy Act (NYHIPA), including rights with respect to the security and privacy of your health data. Hoot maintains reasonable safeguards as required by the SHIELD Act. Contact [email protected] for more information.

11.6 Texas Residents If you are a Texas resident, you have rights under the Texas Medical Records Privacy Act (Tex. Health & Safety Code § 181 et seq.) and the Texas Data Privacy and Security Act, including rights to access, correct, delete, and opt out of the processing of your personal data. Contact [email protected] for information about your Texas rights.

11.7 New Jersey Residents These Terms of Use are governed by New Jersey law. If you are a New Jersey resident, you have rights under the New Jersey Identity Theft Prevention Act (N.J.S.A. 56:8-161 et seq.) and related data protection statutes. Hoot maintains safeguards required by New Jersey law. Contact [email protected] for more information.

12. General

12.1 Choice of Law These Terms of Use are governed by the Federal Arbitration Act (with respect to the arbitration provisions of Section 10), applicable federal law, and the laws of the State of New Jersey, without regard to conflicts-of-laws principles. Foreign laws do not apply. Arbitration or court proceedings must be brought in New Jersey or the state or jurisdiction in which your address on file with Hoot is located, but not outside of the United States.

12.2 Notices You may deliver general notices to Hoot by email to [email protected] or by postal mail to Hoot Health, Inc., 3495 US Highway 1, STE 34 #1126, Princeton, NJ 08540. Notices related to privacy, HIPAA, or data rights should be directed to [email protected]. If you are commencing an arbitration or legal proceeding against Hoot, you must send notice to Hoot’s registered agent at the postal address above. Hoot may deliver notices to you via email, mail, or electronically through the Platform using the contact information in your account, or by posting on the Platform. Electronic notices are deemed delivered when sent or posted. Postal notices are deemed delivered three (3) days after mailing. Notices by nationally recognized courier are deemed delivered upon confirmed receipt.

12.3 E-Sign Consent Hoot may provide you with certain communications, notices, agreements, billing statements, or disclosures (“Communications”) electronically. You agree and consent to receive Communications electronically from Hoot, its affiliates, and third-party service providers, rather than in paper form, and to the use of electronic signatures, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state electronic signature laws. Electronic Communications are as legally effective as paper communications. You may withdraw your E-Sign consent by sending written notice to [email protected], provided that withdrawal of E-Sign consent may result in termination of your access to the Platform.

12.4 Platform Materials Hoot Content and other materials on the Platform may contain technical, typographical, or other errors. Hoot does not warrant that Hoot Content or Platform materials are accurate, complete, or current. Hoot may update or correct materials at any time without notice, but makes no commitment to do so. AI Content is subject to inherent limitations and may not reflect the most current clinical evidence.

12.5 Third-Party Links and Services The Platform may include integrations, links, or connections to third-party websites, applications, or services. Such inclusion does not imply Hoot’s endorsement or review of third-party content. You proceed to any third-party website or service at your own risk. Hoot is not responsible for the services, products, statements, claims, or actions of any third party. You must review and comply with any applicable third-party terms of service or privacy policies.

12.6 Third-Party Beneficiaries Hoot’s third-party providers, licensors, suppliers, and affiliates are third-party beneficiaries of these Terms of Use solely to the extent necessary for them to enforce protections afforded to them herein. There are no other third-party beneficiaries to these Terms of Use. All rights and benefits of these Terms of Use from Hoot are intended solely for you as the End User.

12.7 Amendment Hoot may amend these Terms of Use at any time. Hoot will provide you with at least 30 days’ advance notice of material changes via email to your registered address, in-Platform notification, or posting on the Platform. If you do not agree with any amended terms, you must stop using the Platform before the effective date of the amendment. Your continued use of the Platform after the effective date of any amendment constitutes your acceptance of the amended Terms of Use. Non-material changes (such as typographical corrections or formatting updates) may be made without notice and take effect upon posting.

12.8 Waiver No provision of these Terms of Use may be waived except in a writing signed by both you and Hoot. Hoot’s failure to insist on or enforce strict performance of any provision or right is not a waiver of that provision or right.

12.9 Severability If any provision of these Terms of Use is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision will be severed from these Terms of Use. The remaining provisions will remain in full force and effect.

12.10 Entire Agreement These Terms of Use, together with Hoot’s Privacy Policy and any applicable HIPAA Authorization you have separately signed, constitute the entire agreement between you and Hoot regarding your use of the Platform. These Terms of Use supersede all prior agreements, representations, and understandings between you and Hoot regarding the Platform. You may not rely on any other documents, statements on the Platform, or statements by any Hoot representative or agent.

12.11 Accessibility Hoot is committed to making the Platform accessible to individuals with disabilities. If you have difficulty accessing any part of the Platform or these Terms of Use, please contact support@gethoot.com and we will work to provide the information in an accessible format.

Hoot Health Inc. — Terms of Use v2.0 — Effective March 2026