Terms of Service

1. Acceptance of Terms

By accessing or using the Appa Health platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Appa Health, Inc. ("Appa Health," "we," "us," or "our"). If you are using the Service on behalf of a minor, you agree to these Terms on their behalf and accept responsibility for their use of the Service.

2. Eligibility and Age Requirements

• Minimum age: You must be at least 13 years of age to use the Service.
• Minors (under 18):If you are under 18 years of age, you may only use the Service with the consent of a parent or legal guardian ("Caretaker"). Your Caretaker must review and agree to these Terms on your behalf.
• Caretaker responsibility: If you are a Caretaker consenting on behalf of a minor, you accept these Terms on their behalf and are responsible for monitoring their use of the Service.
• Internal users (staff, mentors): You must be at least 18 years of age and authorized by Appa Health to access the Service in a staff capacity.

3. Accounts and Registration

To use the Service, you must create an account. You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Not share your account with others or allow others to access your account
• Keep your contact information up to date

You are responsible for all activity that occurs under your account. Appa Health is not liable for any loss or damage arising from unauthorized use of your account.

4. Acceptable Use Policy

When using the Service, including its messaging features, you agree not to:

• Send harassing, threatening, abusive, or discriminatory messages
• Share sexually explicit, violent, or otherwise inappropriate content
• Attempt to contact students outside the platform without authorization
• Share personal contact information (phone numbers, social media, addresses) through in-app messages without staff approval
• Impersonate another user or misrepresent your identity
• Use the Service for any illegal purpose or in violation of any applicable law
• Attempt to gain unauthorized access to other users' accounts or data
• Interfere with or disrupt the Service or its infrastructure
• Use automated tools, bots, or scrapers to access the Service
• Collect or harvest personal information of other users

Violation of this policy may result in suspension or termination of your account. In cases involving minors, violations may also be reported to appropriate authorities.

5. Content Moderation

To protect the safety of all users, particularly minors, Appa Health reserves the right to review, monitor, and moderate content shared through the Service. This includes:

• Message review: In-app messages between students and mentors may be reviewed by authorized Appa Health staff for safety monitoring purposes. Messages are not private between the student and mentor alone.
• Internal threads: Communications in internal threads are visible to authorized staff members based on their role and team assignments.
• Content removal: We may remove or restrict access to content that violates these Terms or that we determine poses a safety risk.
• Reporting: We may report content to law enforcement or child protective services when required by law or when we believe there is an immediate safety concern.

By using the Service, you acknowledge and consent to this monitoring. Users should not have an expectation of privacy in messages sent through the platform.

6. Mandatory Reporter Disclosure

This means that if a mentor has knowledge of or observes a child whom the mentor knows or reasonably suspects has been the victim of child abuse or neglect, the mentor is legally required to report the known or suspected instance of child abuse or neglect to a child protective agency immediately, or as soon as practically possible, by telephone, and to prepare and send a written report within 36 hours.

By using the Service, all users acknowledge and understand that:

• Mentors cannot promise complete confidentiality
• Certain disclosures will trigger a mandatory report to authorities
• Reports are made to protect children and are required by California law
• Failure by a mandated reporter to report is a misdemeanor under California law

7. Not Emergency Care or Therapy

• Not therapy: Mentors are not licensed therapists, counselors, or medical professionals. The mentorship relationship is not a therapeutic relationship.
• Not crisis services: The Service is not a crisis hotline or emergency service. If you or someone you know is in immediate danger, call 911.
• Not medical advice: Nothing provided through the Service constitutes medical advice, diagnosis, or treatment.
• Crisis resources:If you are experiencing a mental health crisis, please contact the 988 Suicide & Crisis Lifeline (call or text 988) or the Crisis Text Line (text HOME to 741741).

Appa Health may have clinical team members who provide support and oversight within the platform, but this support is for program management and safety monitoring, not direct clinical care to students.

8. Data Ownership

You retain ownership of any content you submit to the Service, including messages, survey responses, and profile information. By submitting content, you grant Appa Health a non-exclusive, worldwide, royalty-free license to use, store, process, and display your content as necessary to provide and improve the Service.

Appa Health owns all rights in the Service itself, including its design, features, curriculum content, and underlying technology. You may not copy, modify, distribute, or create derivative works based on the Service or its content without our written permission.

Aggregated, de-identified data that cannot reasonably be used to identify any individual may be used by Appa Health for research, program improvement, and reporting purposes.

9. Account Termination and Deletion

Termination by You

You may request deletion of your account at any time through the platform or by contacting us at privacy@appahealth.com. For accounts belonging to minors, deletion requests must come from the account holder or their Caretaker.

Termination by Appa Health

We may suspend or terminate your account if you violate these Terms, engage in behavior that poses a safety risk, or for any other reason at our sole discretion. We will provide notice when reasonably possible.

Deletion Processing

Account deletion requests are processed within 45 days, consistent with CCPA requirements. During this period, you may cancel your deletion request. After processing:

• Your profile and personal data will be deleted or anonymized
• Certain records may be retained as required by law (see our Privacy Policy for retention periods)
• Messages you sent may be anonymized but retained for safety audit purposes
• Account deletion is irreversible once processing is complete

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Appa Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service.
• Our total liability for any claims arising under these Terms shall not exceed the amount you paid to Appa Health in the 12 months preceding the claim, or $100, whichever is greater.
• We do not guarantee that the Service will be uninterrupted, error-free, or secure.

11. Indemnification

You agree to indemnify, defend, and hold harmless Appa Health, Inc. and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of another person or entity.

12. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved as follows:

Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@appahealth.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If the dispute cannot be resolved informally, it shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration shall take place in the State of California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You agree that any disputes will be resolved on an individual basis and not as part of any class, consolidated, or representative action.

Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction. Nothing in this section limits Appa Health's ability to report concerns to law enforcement or comply with legal obligations.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of California.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Post the updated Terms on the Service with a new "Last Updated" date
• Notify you through the Service (such as an in-app notification or banner)
• For material changes affecting minors, notify Caretakers via email when possible

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Service.

15. Contact Us

If you have any questions about these Terms of Service, please contact us: