Cybele Health — Privacy Policy

Effective date: 2025-08-22

We at Cybele Health, Inc. (“Cybele Health,” “we,” “us,” or “our”) are committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and protect personal information when you use the Cybele Health website, mobile application, and related services (collectively, the “Platform”).

HIPAA & PHI

This Privacy Policy does not apply to “protected health information” (“PHI”) that we process on behalf of your healthcare provider. When we handle PHI for your Provider, we act as a Business Associate under HIPAA and comply with our agreements with your Provider. Please refer to your Provider’s Notice of Privacy Practices for how your Provider uses and discloses PHI.

We may update this Privacy Policy from time to time. The updated version becomes effective when posted. If material changes are made, we will take reasonable steps to notify you.

1. Sources of Personal Information

We collect personal information:

• Directly from you, such as when you create an account, complete forms, or contact us.

• Automatically, through cookies, pixels, SDKs, and similar technologies when you use the Platform.

• From third parties, such as service providers, analytics partners, business partners, or social media platforms (consistent with your settings and their policies).

We may combine information from these sources.

2. Personal Information We Collect

Depending on how you interact with the Platform, we may collect:

• Identifiers (name, email address, mailing address of providers, phone number of providers, IP address, device identifiers).

• Demographic information (age, birthdate, gender).

• Commercial information (subscriptions, purchases, payment-related metadata processed by payment partners).

• Internet or network activity (pages viewed, app interactions, browsing history on our site, referring URLs, session replays, device attributes).

• Approximate geolocation (derived from IP address).

• Inferences (preferences or behavioral patterns).

• Sensitive information, such as wellness- or health-related details you voluntarily share within non-PHI features.

3. How We Use Personal Information

We use personal information to:

• Provide, operate, maintain, and secure the Platform.

• Create and manage your account and communicate with you (service, security, and transactional messages).

• Deliver features, including AI-assisted tools, and personalize your experience.

• Analyze usage and improve the Platform, including model training and analytics in non-PHI contexts.

• Process payments.

• Detect, investigate, and prevent fraud, security incidents, and misuse.

• Comply with legal obligations and respond to lawful requests.

• Send marketing communications (you may opt out anytime).

• Support research and product development (subject to law and required consents).

• Enforce our Terms of Use and protect our rights and those of users.

• Fulfill any purpose disclosed at collection or with your consent.

4. How We Share Personal Information

We may share personal information with:

• Providers – To support your care and use of non-PHI features. (PHI is governed by HIPAA and your Provider’s policies.)

• Service Providers – Hosting, cloud storage, analytics, customer support, payment processing, and similar functions. Service Providers are contractually required to protect your information.

• Business Partners (non-PHI) – Advertising platforms, analytics services, social networks, and integration partners, consistent with your choices and applicable law.

• Advisors – Attorneys, auditors, bankers, and similar advisors.

• Third parties at your direction or with your consent.

• Business transfers – In connection with mergers, acquisitions, financing, or sale of assets.

• Law enforcement or legal requests – When required to comply with law or protect safety and rights.

We do not sell PHI or share PHI for cross-context behavioral advertising.

5. Cookies & Similar Technologies

We and authorized third parties use cookies, pixels, tags, SDKs, and session replay tools to operate the Platform, personalize content, and understand usage. Analytics services may include:

• Google Analytics

• Squarespace

• Meta

Your choices:

You can block or delete cookies in your browser settings. Industry-standard opt-outs include:

• Digital Advertising Alliance: aboutads.info/choices

• Network Advertising Initiative: optout.networkadvertising.org

Clearing or blocking cookies may disable certain features or require repeated sign-ins.

Do Not Track:

The Platform does not currently respond to DNT signals.

6. Data Security & Retention

We use reasonable administrative, technical, and physical safeguards to help protect personal information. No system is 100% secure.

We retain information as long as necessary for operational, legal, and security purposes, including:

• Providing services

• Maintaining business records

• Complying with law

• Resolving disputes

• Enforcing agreements

7. Your Choices

• Update account information: Email contact@cybelehealth.com.

• Marketing: You may unsubscribe using the link in marketing emails.

• Account deletion: Contact your Provider and email contact@cybelehealth.com.

We may retain certain information for legal or business purposes (e.g., backups).

8. Children’s Privacy

The Platform is intended for individuals 18 years and older.

We do not knowingly collect information from children under 18.

If you believe a child has provided information, contact us and we will take appropriate steps.

9. International Users

The Platform is intended for use in the United States.

If you access it from outside the U.S., you do so at your own risk and are responsible for complying with local laws.

10. California Privacy Disclosures

• Shine the Light: California residents may opt out of sharing personal information with third parties for their direct marketing by emailing contact@cybelehealth.com with “Shine the Light” in the subject line.

• California Department of Consumer Affairs:

Consumer Information Division

1625 North Market Blvd., Suite N-112

Sacramento, CA 95834

(800) 952-5210

dca@dca.ca.gov

11. Changes & Contact

We may revise this Privacy Policy from time to time. The “Effective date” above indicates the latest version.

Questions or concerns?

Email contact@cybelehealth.com

Cybele Health — Terms of Use

Effective date: 2025-08-22

EMERGENCY NOTICE

Cybele Health is not for emergencies.

If you are experiencing a physical or mental health emergency, are thinking about suicide, considering harm to yourself or others, or believe that you or someone else is in immediate danger, call 9-1-1 or 9-8-8 (Suicide & Crisis Lifeline) or seek in-person care immediately.

These Terms of Use (“Terms”) are a contract between you and Cybele Health, Inc. (“Cybele Health,” “we,” “us,” or “our”). Cybele Health operates the Cybele Health website, platform, and mobile application (the “Platform”). The Platform is licensed to clinical organizations and the individual clinicians working under or affiliated with such organizations (“Providers”). These Terms govern your use of the Platform.

By clicking “I accept,” “I agree,” or similar, or by accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

MANDATORY ARBITRATION NOTICE & CLASS ACTION WAIVER

Section 11 requires binding, individual arbitration to resolve disputes and waives jury trials and class actions, with limited exceptions.

WARRANTY DISCLAIMERS & LIABILITY LIMITATIONS

Important limitations are included in Section 10.

1. General Provisions

Not a healthcare provider

Cybele Health does not provide medical, psychological, or other healthcare services.

Cybele Health provides technology that facilitates interactions between you and Providers and enables exercises or activities recommended by your Provider.

You understand that you are not entering into a provider–patient relationship with Cybele Health. All medical decisions rest solely with you and your Provider.

No diagnosis or official documentation

Except for information you receive directly from your Provider, content on the Platform is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

Do not rely on the Platform for court-ordered therapy, official documentation, or medical clearance.

Availability; U.S. use only

The Platform is intended for users in the United States. If you access it from outside the U.S., you do so at your own risk and must comply with local laws.

AI features

The Platform may include AI tools (such as AI-assisted chat). AI outputs are generated by machine-learning systems, may be incomplete or inaccurate, and are not medical advice.

Do not attempt to bypass safety features (e.g., jailbreak or prompt-injection techniques).

Eligibility

Eligibility may be determined by your Provider. You must notify your Provider of any changes affecting eligibility and comply with these Terms and applicable laws.

Privacy

Please review our Privacy Policy to understand how we handle personal information:

https://www.cybelehealth.com/privacy-policy

Support

For support, contact contact@cybelehealth.com. By requesting support, you authorize Cybele Health to access your User Account as necessary to assist you.

Changes to the Platform and Terms

We may update, modify, or discontinue the Platform at any time. Updated Terms will be posted on the Platform. Continued use constitutes acceptance.

2. Registration & User Accounts

To access certain features, you must create a User Account and provide accurate registration information.

You must keep your login credentials confidential and notify us promptly at contact@cybelehealth.com if you suspect unauthorized use.

We may suspend or terminate accounts for any reason, including inaccurate information or suspected misuse.

3. Ownership; License; User Information; Feedback

Ownership

Cybele Health owns the Platform and all related content, features, and intellectual property.

License

We grant you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Platform for personal, non-commercial purposes.

User Information

You may upload or submit content (“User Information”). Where permitted by law, you grant Cybele Health and Providers a license to use User Information to operate and improve the Platform consistent with the Privacy Policy.

You represent that you have the rights to provide such information. We may remove User Information at our discretion.

Feedback

If you submit suggestions or ideas, you grant Cybele Health a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or attribution.

4. Acceptable Use

You agree not to:

• Violate laws or these Terms

• Copy, distribute, reverse-engineer, or create derivative works of the Platform

• Use scraping tools, bots, or automated systems without permission

• Interfere with security or Platform operations

• Upload viruses or malicious code

• Impersonate others

• Use the Platform to build or benchmark competing products

• Commercialize the Platform without authorization

• Encourage or assist others to violate these Terms

We may monitor usage and enforce these Terms, including suspension or termination.

5. Equipment, Security & Access

You are responsible for maintaining devices, software, and Internet access required to use the Platform.

Using the mobile app on a rooted or jailbroken device is a material breach of these Terms.

6. Communications & E-Signatures

By creating an account, you consent to receiving communications from us (emails, platform messages, texts if applicable). Data or messaging rates may apply.

Electronic communications satisfy legal requirements. Clicking buttons such as “Accept” constitutes your electronic signature.

You may manage marketing email preferences, but essential service messages cannot be opted out of.

7. Third-Party Content & Services

The Platform may link to third-party content or services. We do not control or endorse them and are not responsible for their practices. You may be subject to additional third-party terms.

8. Termination

We may suspend or terminate your access at any time, with or without notice.

You may request account closure through your Provider and by stopping use of the Platform.

Sections that reasonably should survive termination (e.g., ownership, indemnity, limitations) will continue to apply.

9. Indemnification

You agree to indemnify and hold harmless Cybele Health, its affiliates, Providers, and personnel from any claims or losses arising from:

• Your use of the Platform

• Your User Information

• Your violation of the law or these Terms

• Unauthorized or improper access to your account

We may assume the defense at your expense.

10. Disclaimers & Limitation of Liability

No warranties

The Platform is provided “AS IS” and “AS AVAILABLE.”

We disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and security.

We do not guarantee uninterrupted or error-free service.

Limitation of liability

To the maximum extent permitted by law:

• Cybele Health is not liable for indirect, special, incidental, consequential, exemplary, or punitive damages.

• Our total liability is limited to the greater of $100 or the amount you paid to Cybele Health in the previous six months.

Some jurisdictions may not allow certain limitations; those limitations may not apply to you.

11. Dispute Resolution; Arbitration; Class Waiver

Before filing a claim, email contact@cybelehealth.com with a description of the dispute. If unresolved after 30 days, disputes must be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under the Consumer Arbitration Rules.

The Federal Arbitration Act (FAA) governs this section.

Forum

Arbitration may occur:

• By video

• Based on written submissions (for claims ≤ $10,000)

• At a location reasonably convenient for you (within 100 miles)

Small-claims court actions are permitted.

Either party may seek injunctive relief in court for intellectual-property issues.

Opt-out

You may opt out of arbitration by emailing contact@cybelehealth.com within 30 days of first accepting these Terms or first using the Platform.

Class Action Waiver

YOU AND CYBELE HEALTH MAY ONLY BRING CLAIMS INDIVIDUALLY — NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION.

The arbitrator may award individual relief but may not consolidate claims or preside over class proceedings.

12. Miscellaneous

Governing Law & Venue

These Terms are governed by the laws of California, and arbitration is governed by the FAA.

Subject to the arbitration clause, courts in Santa Clara County, California have exclusive jurisdiction.

Notices

We may send notices to the email associated with your account or via the Platform.

You must keep your email current.

Legal notices to Cybele Health may be sent to contact@cybelehealth.com.

California Users

California residents may contact:

California Department of Consumer Affairs

Consumer Information Division

1625 North Market Blvd., Suite N-112

Sacramento, CA 95834

(800) 952-5210

dca@dca.ca.gov

Where permitted, you waive California Civil Code §1542.

Apple/Google Terms

If you download our app from the Apple App Store or Google Play, you also agree to their terms.

If there is a conflict, these Terms govern the relationship between you and Cybele Health.

Assignment

You may not assign these Terms without our written consent. We may assign them.

Severability; Waiver; Entire Agreement

If any part of these Terms is unenforceable, the rest remains in effect.

Failure to enforce a provision is not a waiver.

These Terms constitute the entire agreement between you and Cybele Health regarding the Platform.

Contact

For questions, contact contact@cybelehealth.com.