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Terms of Service

Effective Date: September 3, 2026

Last Updated: August 19, 2026

1. Agreement to These Terms

These Terms of Service (“Terms”) are a binding agreement between you and You Are Accountable, Inc. (“Accountable,” “Company,” “we,” “us”), governing your access to and use of our Accountable platform and services, including any websites, mobile or web applications, and recovery-accountability services, including coaching, check-ins, identity verification, and drug and alcohol testing and monitoring (together, the “Services”). Certain Services may be provided by Clinicians as described below.

We may offer the ability to pay for your Services using your health insurance, depending on your plan and location, if the Accountable associated providers are in-network with your insurance plan. This insurance offering (“Insurance Offering”) is a distinct offering from our non-clinical recovery support subscription offering (“Subscription Offering”) which may be paid by you or provided under a Sponsored Program. The Insurance Offering and Subscription Offering are described in more detail below.

By creating an account or using the Services, you agree to these Terms and to our Privacy Policy, and you acknowledge our Notice of Privacy Practices and Consumer Health Data Privacy Policy. Certain features require separate consents — including written consent for treatment, biometric identity verification, and consents governing your health and substance use disorder records — which are presented to you in the app and are in addition to these Terms. If you do not agree, do not use the Services; you can reach us at help@youareaccountable.com with questions.

PLEASE READ SECTION 23 CAREFULLY. IT REQUIRES THAT DISPUTES BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

2. Who Provides What

The Services combine a technology platform with recovery support services. Accountable operates the platform, technology, monitoring tools, and administrative services. Accountable’s platform supports both non-clinical peer counseling and clinician-led services.

Peer counseling provided by Accountable is non-clinical peer support delivered by trained peer recovery specialists employed by You Are Accountable, Inc. Peer recovery coaching is not therapy, medical care, or a substitute for treatment by licensed professionals, and it does not diagnose, treat, cure, or prevent any disease or disorder.

Alternatively, when Services are provided through Accountable’s third-party medical service provider network, a licensed clinician will monitor and evaluate the recovery coaching services you receive. Where clinical services are provided — including services billed to Medicare or a health insurance plan — they are provided by You Are Accountable Medical PA; You Are Accountable Medical NJ PC; You Are Accountable Medical NY PC; You Are Accountable Medical TX PA; and other associated provider groups (collectively, “Insurance Offering Partners”) to facilitate the Services. Those services are delivered by physicians, nurse practitioners, and other licensed clinicians employed by or contracted with the Insurance Offering Partners (collectively, “Clinicians”).

3. Emergencies and Crisis Support

The Services are not emergency services and are not monitored in real time for crises. If you are experiencing a medical or mental health emergency, or are at risk of harming yourself or others, call 911 or the 988 Suicide & Crisis Lifeline (call or text 988), or go to the nearest emergency room. Do not rely on the app, messaging, or your coach for emergency response.

4. Eligibility; Age; United States Only

The Services are offered only to individuals located in the United States. You may use the Services if you are at least 13 years of age. If you are 13 to 17, you may use the Services as allowed by applicable law or with the consent and involvement of a parent or legal guardian. Individuals under 13 may not use the Services. By using the Services, you represent that you meet these requirements and that all information you provide is accurate, complete, and current. Where consent from a parent or guardian is required to receive Services, you hereby confirm that, as the consenting parent or guardian, you have the sole right to consent to Services for the minor seeking Services and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, processing and use of personal information on behalf of the minor.

5. Accounts and Security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. One person per account: you may not share your account or let anyone else submit tests, check-ins, or verifications through it — the integrity of the Services depends on the person being verified being you. Notify us immediately of any unauthorized use or any other concern about account security. We may suspend or terminate accounts created with inaccurate information or used in violation of these Terms.

You are responsible for all activity that occurs under your account, whether or not you authorized it. You agree, confirm, and acknowledge that we will not be liable for any loss or damage arising from any access to or use of your account by any third party, including access obtained through compromise of your email account, device, or credentials, except to the extent the access resulted directly from our own breach of this Agreement or failure to maintain reasonable security safeguards. You agree to keep your credentials confidential, to use reasonable security measures (such as strong passwords and multi-factor authentication where offered), and to notify us promptly at help@youareaccountable.com if you suspect any unauthorized access to your account, so that we can take appropriate steps.

6. Consents and Communications

Consent to Receive Electronic Communications

You agree that Accountable, its coaches and employees, and/or the Clinicians, may contact you regarding the Services or any related services that you inquire about through Accountable’s website or mobile application. You consent to receive such communications electronically including appointment reminders, confirmation emails, questions about scheduling or services, and health team communications, updates to these Terms or Privacy Policy.

By providing your mobile number and creating an account, you consent to receive service-related SMS/text messages — such as test reminders, verification prompts, and messages from your coach or care team — as described in Section 6 of our Privacy Policy. Message frequency varies; message and data rates may apply.

When providing us with your email address and phone number, you represent that they are yours and are up-to-date. You consent to receive texts or emails about the Services you receive to the addresses and numbers provided.

Your consent to conduct actions electronically covers all interactions between you and Accountable as described herein. If you later decide that you do not want to receive certain future communications electronically, please contact us via the contact information listed below. You may also opt out of certain electronic communications through your account or by replying STOP (or the other keywords listed in the Privacy Policy) or emailing help@youareaccountable.com. Opting out of SMS does not cancel a paid subscription. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

Accountable may need to send you certain communications electronically regarding the Services, from which you may not opt out without discontinuing the Services. These communications include notifications of updates to these Terms of Service or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

Telehealth Consent

By using the Services, you consent to receiving the Services remotely and through electronic communications, including peer coaching sessions, check-ins, monitoring, and any clinical services provided under the Insurance Offering, through the website, portal or app and through online messaging, chat, audio, or video, as applicable. You consent to other aspects of telehealth, including but not limited to electronic transmission of medical records or health-related personal data. You understand that there are inherent risks and benefits to telehealth. Before participating in each session, if required under law or by Accountable or your coach or Clinician, you agree to accurately provide your location. You may withhold or withdraw consent to Accountable at any time without affecting your right to future care.

Marketing messages. Marketing communications are separate and optional. We ask for your consent to marketing emails or texts through a distinct opt-in; declining or withdrawing marketing consent does not affect the Services.

Health-information consents. Where required by applicable law, your substance use disorder records are protected by 42 C.F.R. Part 2 and HIPAA. Uses and disclosures of those records are governed by the written consents you provide and by our Notice of Privacy Practices.

7. Identity Verification and Biometric Consent

The Services use facial verification to confirm that the person submitting tests is you, as described in Section 3 of our Privacy Policy. We collect and process face data, which may include biometric data, only after you provide separate written consent presented in the app. If you decline or withdraw that consent, features that depend on identity verification will be unavailable. Attempting to defeat, spoof, or manipulate identity verification is a material breach of these Terms.

8. Drug and Alcohol Testing and Monitoring

The Services include drug testing, screening, breathalyzer/alcohol monitoring, and related compliance review. You agree that:

  • You will follow the test instructions provided, submit your own specimens and samples, and not adulterate, substitute, or otherwise interfere with any test.

  • Testing devices and kits are manufactured by third parties. We do not manufacture them and cannot guarantee any device or test is error-free. If the validity of a result is in question, we will make reasonable options available — which may be at your cost — to validate the result, including laboratory confirmation.

  • Instant oral-fluid screening tests are presumptive, not diagnostic. The instant (rapid) oral-fluid tests used in the Services are labeled by their manufacturers “For Forensic Use Only” and are not cleared or approved by the FDA for clinical or diagnostic use. We provide them as screening tools to support your recovery and program accountability. A presumptive result — positive or negative — is preliminary: it can be affected by medications, foods, and cross-reacting substances, and it is not a medical diagnosis. A non-negative screening result can be confirmed through definitive laboratory testing (such as LC-MS/MS) performed by our CLIA-certified laboratory partners, and no screening result should be relied upon as the sole basis for a medical, legal, employment, custody, or disciplinary decision without laboratory confirmation.

  • Test results, images, and monitoring data become part of your program record. We share them only with your Partner (if you are enrolled through one), the people you have designated with your written consent, and as your Part 2 consents and applicable law permit. Drug test videos are retained for 60 days and breathalyzer images for the duration of your account, as described in the Privacy Policy.

  • If your participation relates to a court, probation, licensing, family-law, or employment matter, you are responsible for understanding what that program requires; we do not provide legal advice about your obligations.

9. Devices; Breathalyzer Data

Where the Services include a connected breathalyzer or other device, you are responsible for using it as directed and keeping it in working condition. Devices may capture data (including images and timestamps) while offline and upload it when a connection is restored. You may not tamper with, modify, or reverse engineer any device or its firmware.

10. AI-Assisted Features

Portions of the Services use artificial intelligence, including AI-assisted transcription and documentation of sessions and AI-assisted review of identity and test submissions, as described in Section 4 of our Privacy Policy. AI outputs support — and do not replace — human review, and decisions that meaningfully affect you involve human oversight. AI features are not a source of medical, legal, or professional advice.

11. Mandatory Reporting and Safety

Our team members may be subject to mandatory reporting laws (for example, involving abuse, neglect, or imminent risk of serious harm). Where reporting is legally required, we will comply, consistent with the limits 42 C.F.R. Part 2 places on SUD records. You agree that our good-faith compliance with mandatory reporting obligations is not a breach of these Terms.

12. Subscriptions, Insurance, and Billing

A. Subscription Offering. This Section applies if you purchase the Services directly. Paid features are billed as recurring subscriptions. We use Stripe to process payments. Stripe collects and processes payment information in accordance with its own Privacy Policy located at www.stripe.com/privacy. We do not receive or store your full payment card number. A valid payment method is required; if payment fails, we may suspend paid features after notice.

Subscriptions renew automatically at the end of each billing cycle until cancelled. By choosing a recurring subscription service, you acknowledge that such paid Services have a recurring payment and you accept responsibility for all recurring charges prior to cancellation. You can cancel through your account portal or mobile application and your subscription will not renew; cancellation takes effect at the end of the current billing cycle and you will have access to the Services until that date. Please contact the Accountable support team for more information.

We reserve the right to change our subscription or adjust prices of our subscription Services. Any changes to your subscription Services will take effect only after proper notice to you. While we do our best to avoid increasing prices unnecessarily, we may need to increase prices from time to time to accommodate inflation, increased operational costs, and changes in market conditions. As always, you will have the opportunity to cancel your subscription at any time if these changes are not satisfactory to you. We will give you reasonable advance notice of fee changes so you can cancel before they take effect; continued use after a change means you accept the new fee.

B. Insurance Offering. Unlike the Subscription Offering, the Insurance Offering is a strictly session-based offering and is wholly distinct from the Subscription Offering. Coverage by your health insurance is dependent on your benefits and whether or not certain providers using the Services are in-network with your health plan. We cannot guarantee that your preferred Clinician will be in-network with your plan when using the Services. We encourage that you check with your health insurance plan about your benefits.

For the Insurance Offering, Accountable partners with the Insurance Offering Partners to facilitate the Services. Clinicians who provide Services under this Insurance Offering are employed by or contracted with the Insurance Offering Partners to provide the services through Accountable, and remain responsible for their compliance with applicable law and their professional responsibilities.

If your Service is covered by Medicare or other insurance plan, billing for covered services is handled by the Insurance Offering Partners under the applicable coverage rules. Cost-sharing (such as co-pays, coinsurance, or deductible amounts) determined by your plan is owed to the Insurance Offering Partners, and Accountable collects it on their behalf as its billing and administrative agent. By keeping a payment method on file, you authorize us to charge applicable cost-sharing amounts after your claim is processed by your plan; we will make a statement of the amount available to you, and you may contact us with any billing question or dispute before or after a charge. Cost-sharing required by Medicare or your insurance plan cannot be routinely waived. You understand and agree that if you are late for or cancel your appointment with a Clinician, you may be subject to a late fee or cancellation fee charged by or on behalf of the applicable Insurance Offering Partner. If your claim is denied, you understand and acknowledge that you will be responsible for the total cost of the claim, to the extent permissible by law or contract. Please contact the Accountable support team for more information.

C. Sponsored and Partner-Funded Programs. If your access to the Services is arranged and paid for by a Partner — such as your health plan (where the plan arranges and pays for your program directly, rather than paying claims under the Insurance Offering), employer, treatment provider, or a court or monitoring program (a “Sponsored Program,” and each such Partner a “Sponsored Program Partner”) — then:

  • These Terms still govern your use of the Services. However, those Services are paid for directly by your sponsor under the Sponsored Program, and you owe us nothing for them unless your enrollment materials state a cost-sharing amount.

  • The scope and duration of your program (which features, how long, what testing schedule) are determined by the Sponsored Program. Your access may change or end if your eligibility with the sponsor ends or the sponsor’s agreement with us ends; if that happens, we will offer you the option to continue with a direct subscription where available.

  • Your sponsor may receive information about your program participation only as permitted by the consents you provide and applicable law, as described in the Privacy Policy. Your benefits and coverage are governed by your relationship with your sponsor or plan — we do not determine your coverage or plan benefits.

  • Nothing in these Terms requires you to remain in a Sponsored Program; participation and the consents that accompany it are yours to give and withdraw, subject to any obligations you have to the sponsoring program (for example, a court order).

13. Refunds and Returns

Except where required by law, all sales are final: subscription fees are non-refundable, and testing kits, devices, and supplies are personal consumable items and are not eligible for return or refund, whether opened or unopened. Completed laboratory services are non-refundable; however, if you have paid a laboratory fee and your specimen is not processed by the laboratory, we will refund the portion of the fee related to the direct processing of your lab specimen; shipping and logistic costs are non-refundable. If an item arrives damaged or defective, contact us at help@youareaccountable.com and we will replace it at no cost.

14. Acceptable Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to: violate any law; misrepresent your identity, eligibility, location, symptoms, health information, insurance information, or program status; submit or attempt to submit another person’s specimen, image, biometric information, test result, check-in, or other data; falsify, alter, evade, bypass, disable, spoof, or interfere with any test, monitoring requirement, identity-verification process, device, timestamp, geolocation, security feature, or program rule; access, use, disclose, record, copy, or share another person’s health, program, account, or communications information without authorization; use the Services to obtain Services, prescriptions, medical documentation, test results, or program records under false pretenses; interfere with or disrupt the Services or their security features; probe, scan, or test the vulnerability of our systems; scrape, harvest, or extract data; use bots, scripts, automated tools, or other non-human means to access or use the Services; reverse engineer any part of the Services; upload malicious code; use vulgar, obscene, racist or potentially harmful statements or content or harass, threaten, abuse, discriminate against, impersonate, or harm any person, including our staff, coaches, clinicians, partners, or other users; use the Services to exploit or harm minors; or send spam or unauthorized advertising through the Services.

15. Your Content

You retain ownership of the content you submit (messages and/or information). You grant us a limited license to use it as needed to operate, secure, and improve the Services and to comply with law, consistent with the Privacy Policy and your consents. You are responsible for your content and represent that you have the right to submit it. Content that becomes part of your medical record with an Insurance Offering Partner is governed by your consents, the Notice of Privacy Practices, and applicable law, not by this license.

16. Care Team Sharing

You may designate family members, sponsors, or other supporters to receive updates about your progress. Sharing with your designated Care Team occurs only with your written consent, which you may revoke at any time, as described in Section 5 of the Privacy Policy.

17. Your Representations

You represent that you are legally able to consent to receive the Services, or have any required consent of a parent or legal guardian, and are legally able to enter into these Terms.

You represent that all information you provide to us, the Insurance Offering Partners, Sponsored Program Partners, or your care team is accurate, complete, current, and not misleading.

You represent that you will use the Services only for your own personal use, unless we expressly authorize another use in writing or the Services are being used with proper authority for a minor or other person for whom you may lawfully act.

You acknowledge that you are responsible for activity under your account as described in Section 5 and for complying with the acceptable-use requirements in Section 14.

You represent that your use of the Services will comply with these Terms, the consents you provide, any applicable Sponsored Program requirements communicated to you, and applicable law.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of Accountable’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to violate any applicable laws, in relation to your use of the Services, websites or mobile or website applications.

18. Intellectual Property; License

The Services, including websites, portals or applications and their content (excluding your content), are owned by Accountable or its licensors and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use in accordance with these Terms. All rights not expressly granted are reserved. “Accountable,” “You Are Accountable,” and our logos are our trademarks; you may not use them without written permission.

19. Feedback

If you send us feedback or suggestions, you grant us the right to use them without restriction or compensation.

20. Modifications, Termination, Interruption and Disruptions

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Services, websites and mobile or website applications, any part of those or the use of the Services, websites and mobile or website applications, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Services depend on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Services’ reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the websites and mobile or website applications will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times. Further, the Services rely on third-party providers (described in the Privacy Policy) and may link to third-party sites. We are not responsible for third-party content, policies, or practices; your use of third-party services is at your own risk and subject to their terms.

21. Termination

You may stop using the Services and cancel your subscription at any time through your account portal. We may suspend or terminate your access if you materially breach these Terms, misuse the Services, attempt to defeat identity verification or testing integrity, fail to pay, or where we reasonably believe continued access poses a risk to you, others, or our compliance obligations. Sponsored Program access may also end as described in Section 12. On termination, your license ends; provisions that by their nature should survive (including Sections 12, 15, 17, 18, 19, 22, 23, 24, and 26) survive. Your data is handled after termination as described in the Privacy Policy and applicable retention law.

22. Disclaimers; Limitation of Liability; Indemnification

Disclaimers. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THE ACCURACY OF ANY THIRD-PARTY TESTING DEVICE OR RESULT. RECOVERY OUTCOMES DEPEND ON MANY FACTORS; WE DO NOT GUARANTEE ANY OUTCOME.

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ACCOUNTABLE NOR ITS OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (\$100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Indemnification. You will indemnify and hold harmless Accountable and its officers, employees, contractors, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or of law, your content, or your misuse of the Services.

23. Dispute Resolution — Binding Arbitration Agreement and Class Action Waiver

Informal resolution first. Before filing any claim, you and we agree to try to resolve the dispute informally: send a written description of the dispute to legal@youareaccountable.com, and we will do the same to your account email. If the dispute is not resolved within 60 days, either party may proceed as set out below. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.

Binding Arbitration Agreement. Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in the county where you live or remotely by videoconference. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this section. Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement or Agreement is void or voidable. Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, the Company will pay the arbitrator’s and arbitration fees. If under applicable law the Company is not required to pay all of the arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law. Any disputes regarding whether the Company is required to pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the Parties will be resolved by the arbitrator.

Class Action Waiver. You and Accountable each waive the right to a jury trial and the right to participate in a class, collective, consolidated, or representative action. The arbitrator may award relief only to the individual party seeking it. You also waive your right to receive notice of any class, collective, or other representative action that may be filed. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which the dispute is filed as a class, collective, or other representative action; and there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

Exceptions. Either party may (a) bring an individual claim in small-claims court so long as the matter remains in such court and advances only on an individual basis, (b) bring individual claims of sexual assault or harassment occurring in connection with your use of the Services, websites and mobile or website applications, or (c) seek injunctive or equitable relief in court for infringement or misuse of intellectual property or unauthorized access to the Services. Nothing in this section waives rights that cannot be waived under applicable law.

Mass filings. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization, the Parties agree that this will constitute a “Mass Arbitration” under the American Arbitration Association and the following terms and procedures shall apply: The Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands. Claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider. The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch. A separate arbitrator will be appointed to, and administrative and filing fees assessed for each batch of demands. The Parties agree that arbitration demands are of a “similar nature” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief. You agree to cooperate in good faith with the Company and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Delaware.

Application to Third Parties; Insurance Offering Partners and Sponsored Program Partners. This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claim(s) arise out of or relate to your use of the Services, websites, and mobile or website applications. The Insurance Offering Partners and the Sponsored Program Partners (as defined in Section 12) are express intended third-party beneficiaries of Sections 22 and 23 and may enforce those Sections, including the disclaimers, limitations of liability, indemnification, arbitration agreement, class action waiver, and related dispute-resolution provisions, to the fullest extent permitted by applicable law. To the extent that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement. Some states restrict or prohibit pre-dispute agreements to arbitrate medical malpractice, professional negligence, or other medical claims; nothing in this Section requires arbitration of a claim to the extent such pre-dispute arbitration agreement is not enforceable under applicable law.

Opt-out. You may opt out of this arbitration agreement by emailing legal@youareaccountable.com within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other part of these Terms. Should you not opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, you and Accountable shall be bound by the terms of this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.

Time limit. To the extent permitted by applicable law, any claim must be filed within one (1) year after it accrues, or it is permanently barred.

24. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. For any claim not subject to arbitration under Section 23, you and we consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

25. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you — by email, in-app notice, or both — at least 15 days before the changes take effect, and we will update the “Last Updated” date. Changes to Section 23 (Dispute Resolution) will not apply to disputes that arose before the change. Your continued use of the Services after changes take effect constitutes acceptance. If you do not agree to updated Terms, stop using the Services and cancel your subscription before they take effect.

26. General

These Terms, together with the Privacy Policy and the consents and notices referenced in them, are the entire agreement between you and Accountable regarding the Services. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT. If any provision is held unenforceable, the remainder stays in effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only.

27. Contact Us

Support: help@youareaccountable.com

Legal and dispute notices: legal@youareaccountable.com

You Are Accountable, Inc., 331 Newman Springs Road, Building 3, Suite 320, Red Bank, NJ 07701