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TORTUS Health Terms of Use.

Effective date: 18th September 2026

1. AGREEMENT TO THESE TERMS

These Terms of Use ('Terms') are a binding agreement between TORTUS Health Inc. and you, the individual using the TORTUS Health services, including the TORTUS Health mobile app, website and related services (together, the 'Services'). By creating an account or using the Services, you agree to these Terms. Please read them together with our Privacy Policy. If you do not agree to these Terms, do not use the Services.

2. ABOUT TORTUS HEALTH

TORTUS Health Inc. provides the technology platform, AI consultation service, and administrative support used to deliver your care to our affiliated professional corporation, TORTUS Medical CA, P.C., a licensed healthcare provider that remains subject to state confidentiality, security, licensing and contractual obligations (including the CMIA), under a services agreement between the two entities. TORTUS Health Inc. processes your health information only as permitted by that agreement, applicable law, and the Privacy Notice. See TORTUS Medical CA's Notice of Privacy Practices, which describes your rights regarding your health information at tortushealth.com.

TORTUS Health is a primary care service where the AI listens and licensed clinicians decide. Talk through what is going on with TORTUS, our clinical AI. Speak or type, day or night. TORTUS listens, asks the right questions, and takes a full history. One of our clinicians then reviews the conversation and approves or changes anything TORTUS proposes. Nothing becomes part of your care without a clinician's sign-off. When your plan is confirmed, it is waiting for you in the app. TORTUS Health's transcripts, summaries and proposed care plans are generated by AI and may occasionally be incomplete or inaccurate before your Clinician reviews them. This is why every proposed care plan, prescription and clinical recommendation is checked, and where necessary corrected, by a licensed human Clinician before it becomes part of your care. See also Section 3(d) and Section 10 of our Terms and Conditions, which describe the general limitations of telehealth technology.

The important stuff:

  • TORTUS Health is not for emergencies. If you think you may be having a medical emergency, call 911 or go to your nearest emergency room.
  • When you talk to TORTUS, you are always talking to an AI. TORTUS never diagnoses, treats, or prescribes on its own. Clinical decisions are made only by licensed clinicians.
  • TORTUS Health is for adults 18 and over.
  • Our clinicians do not prescribe controlled substances.

3. MEDICAL SERVICES AND CLINICAL RESPONSIBILITY

(a) TORTUS Health Inc. provides the technology platform for the Services. Medical services are provided by licensed clinicians through TORTUS Medical CA, P.C., which is responsible for the clinical care delivered through the Services.

(b) TORTUS, the AI you talk to, gathers information, asks questions, and prepares proposals for your care team. It does not independently diagnose, treat, or prescribe. Every care decision, including any diagnosis, treatment, prescription, referral, or test order, is made by a licensed clinician.

(c) The Services are not a substitute for emergency care and do not replace any relationship you have with your existing healthcare providers. If a clinician determines the Services are not appropriate for your needs, you will be directed to a more suitable care setting.

(d) Telehealth has limitations. It relies on the information you provide and on technology that may fail or be interrupted. TORTUS Health may occasionally procedure transcripts, summaries or proposed care plans that are incomplete or inaccurate. This is why every proposed care plan, prescription and clinical recommendation is reviewed, and where necessary is corrected, by a licensed Clinician before it becomes part of your care.

4. ELIGIBILITY

(a) A User is an individual, aged 18 or over and younger than 65, who creates a TORTUS Health account to receive care for themselves.

(b) You must be at least 18 years old to use the Services.

(c) By agreeing to these Terms, you represent and warrant that: (i) you are at least 18 years old; (ii) the information you provide about yourself, including your identity and health information, is accurate and complete to the best of your knowledge; (iii) you are using the Services for yourself and not on behalf of another person; and (iv) your use of the Services complies with all applicable laws and regulations.

5. YOUR ACCOUNT

(a) You are responsible for keeping your account credentials secure and confidential, and you agree to notify us promptly at support@tortushealth.com of any unauthorized use of your account.

(b) You may hold one account, in your own name.

(c) You can request deletion of your account from Settings in the app. We action deletion requests within 72 hours. Clinical records that we are legally required to keep are retained as described in our Privacy Policy, and are no longer linked to an active account.

6. USE OF THE SERVICES

(a) License. Subject to these Terms, TORTUS Health Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal, non-commercial healthcare purposes.

(b) Use Restrictions. Except as expressly permitted by these Terms or applicable law, you will not, and will not permit or authorize any third party to: copy, modify, disassemble, decompile, reverse engineer, or create derivative works of any part of the Services; use the Services for any benchmarking activity or in connection with the development of any competitive product; circumvent or disable any security or other technological features of the Services; or use the Services to provide, or assist in providing, care to any person other than yourself.

(c) Ownership. TORTUS Health Inc. owns or controls all rights, titles, and interests, including all intellectual property rights, in and to the Services and its documentation, including any improvements, modifications, and enhancements. Nothing in these Terms transfers any such rights to you. Your medical records remain your medical records; access to them is described in our Privacy Policy.

(d) Feedback. If you provide feedback about the Services, you grant TORTUS Health Inc. the right to use that feedback without payment or restriction.

7. FEES

The Services are currently provided at no charge. We will notify you before introducing any fees, and no fee will apply to you without your agreement.

8. YOUR DATA

Our collection, use, sharing and retention of your personal information, including your consultation data and the third-party AI service providers involved in delivering the Services, are described in our Privacy Policy. We do not sell your personal data, do not use it for advertising, and do not permit any third-party AI provider to retain your data or use it to train their models.

9. TERM AND TERMINATION

(a) These Terms apply from the moment you first use the Services and continue while you use them.

(b) You may stop using the Services or request deletion of your account at any time.

(c) TORTUS Health Inc. may suspend or terminate your access to the Services if you materially breach these Terms, if required by law, or if we discontinue the Services, in which case we will give you reasonable notice where practicable and ensure continuity-of-care obligations are met as required by law.

(d) Sections that by their nature should survive termination (including Sections 6(c), 8, 10, 11, 12 and 13) survive.

10. WARRANTIES AND DISCLAIMER

TORTUS HEALTH INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER CONCERNING THE TECHNOLOGY PLATFORM. TORTUS HEALTH INC. EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'. TORTUS HEALTH INC. DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR THAT THE OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED.

NOTHING IN THIS SECTION LIMITS THE PROFESSIONAL OBLIGATIONS OF LICENSED CLINICIANS PROVIDING CARE THROUGH THE SERVICES, OR ANY WARRANTY OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. INDEMNIFICATION

You will indemnify TORTUS Health Inc. from damages, costs, and reasonable attorneys' fees finally awarded against TORTUS Health Inc. in any third-party claim to the extent arising out of your material breach of these Terms or your unlawful use of the Services. This Section does not apply to claims arising from the care provided to you through the Services.

12. LIMITATIONS OF LIABILITY

(a) Disclaimer of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TORTUS HEALTH INC. WILL NOT BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS. NOTHING IN THESE TERMS LIMITS OR EXCLUDES THE LIABILITY OF EITHER PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, (II) FRAUD OR FRAUDULENT MISREPRESENTATION, (III) PROFESSIONAL MALPRACTICE LIABILITY OF LICENSED CLINICIANS AS PROVIDED BY LAW, OR (IV) ANY OTHER MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL TO EXCLUDE OR RESTRICT LIABILITY.

(b) Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR THE MATTERS DESCRIBED IN SECTION 12(a)(I)-(IV), TORTUS HEALTH INC.'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) OR THE TOTAL AMOUNT YOU PAID FOR THE SERVICES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM.

13. GENERAL

(a) Relationship. Nothing in these Terms creates any partnership, agency or employment relationship between you and TORTUS Health Inc.

(b) Assignability. You may not assign these Terms. TORTUS Health Inc. may assign these Terms without consent to any successor (including a successor by way of merger, acquisition, sale of assets, or operation of law).

(c) Subcontractors. TORTUS Health Inc. may use subcontractors and service providers to perform its obligations, and remains responsible for its obligations under these Terms.

(d) Notices. We may give you notice by email to the address on your account or through the Services. You may give us notice by email to support@tortushealth.com. Email notices are considered received on transmission.

(e) Force Majeure. Neither party will be liable for any delay or failure to perform as a result of any cause or condition beyond its reasonable control, so long as that party uses commercially reasonable efforts to avoid or remove the causes of non-performance.

(f) Governing Law. These Terms (and any dispute or claim relating to them or their subject matter, including non-contractual claims) are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the laws applicable to the provision of medical care in the state where you receive care govern that care. Nothing in these Terms limits any non-waivable rights you have as a consumer under the laws of your state of residence.

(g) Waiver. The waiver by either party of any breach of any provision of these Terms does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation will not be a waiver of such party's right to demand strict compliance in the future.

(h) Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, it shall be deemed modified to the minimum extent necessary to make it legal, enforceable and valid, and the remaining portions will remain in full force and effect.

(i) Entire Agreement. These Terms, together with the Privacy Policy and any telehealth informed consent you provide when creating your account, contain the entire agreement between you and TORTUS Health Inc. regarding your use of the Services and supersede all previous communications regarding these matters.

(j) Changes to these Terms. TORTUS Health Inc. may modify these Terms from time to time. Material revisions will be effective 30 days after posting or notice to you, unless a shorter period is required by law. If you continue to use the Services after a revision takes effect, you agree to the revised Terms. The current version is always available at tortushealth.com/terms.

14. Apple App Store End-User Terms

If you access the Services through the TORTUS Health app on an Apple-branded device, the following additional terms apply and may take precedence over any conflicting term elsewhere in these Terms with respect to your use of the app:

(a) Acknowledgment. This agreement is concluded between you and TORTUS Health Inc. only, and not with Apple Inc. ("Apple"). TORTUS Health Inc., not Apple, is solely responsible for the app and its consent.

(b) Scope of License. The license granted to you for the app is limited to a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the App Store's Usage Rules.

(c) Maintenance and Support. TORTUS Health Inc. not Apple, is solely responsible for providing any maintenance and support services with respect to the app, to the extent required under applicable law.

(d) Warranty. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the app to you, if any: to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TORTUS Health Inc.'s sole responsibility.

(e) Product Claims. TORTUS Health Inc., not Apple, is responsible for addressing any claims you or any Third-Party may have relating to the app, including product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

(f) Intellectual Property. In the event of any Third Party claim that the app or your possession and use of the app infringes that Third Party's intellectual property rights, TORTUS Health Inc., not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

(g) Third Party Terms of Agreement. You must comply with applicable Third Party terms of agreement when using the app.

(h) Third Party Beneficiary. You and TORTUS Health Inc. acknowledge and agree that Apple and Apple's subsidiaries are Third Party beneficiaries of these Terms as they relate to your use of the app, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a Third Party beneficiary of them.

(i) Export Compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

15. Changes to these Terms and Conditions

TORTUS Health Inc. reserve the right to modify these Terms and Conditions at any time, so please make sure to review this frequently. Our most updated Terms and Conditions are posted on our website. All changes will apply with immediate effect.