Terms of Service

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and that you agree to and will abide by these Terms. If you are using the Services on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

Soma Care provides a chronic pain wellness and support platform that offers educational content, symptom tracking, and evidence-based self-management tools. Our Services are designed to complement — not replace — professional medical care. Our Services do not constitute medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider with any questions about a medical condition.

When you create an account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. Soma Care will not be liable for any loss or damage arising from unauthorized use of your account.

Our Services may allow you to submit, post, or share information, including health-related information, text, and other content (“User Content”). You retain ownership of your User Content. By submitting User Content, you grant Soma Care a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, adapt, and display User Content solely to provide and improve our Services.

You represent and warrant that: (a) you own or have rights to your User Content; (b) your User Content does not violate any third-party rights; and (c) your User Content complies with these Terms and applicable law.

Soma Care may use artificial intelligence and machine learning in connection with the Services to generate output (“Output”). You understand and agree that Output may be inaccurate, inappropriate, and unreliable and that you are solely responsible for verifying and fact-checking Output for accuracy, completeness, and suitability before acting on it.

You will not use our Services other than for their intended purpose. In connection with our Services, you will not:

• Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort
• Use or attempt to use another user’s account without authorization
• Impersonate or misrepresent your affiliation with any person or entity
• Sell or resell our Services
• Copy, reproduce, distribute, or publicly display portions of our Services except as expressly permitted
• Modify our Services or make derivative works based upon them
• Interfere with, disrupt, or damage the functioning of our Services
• Reverse engineer any aspect of our Services or attempt to discover source code
• Use data mining or scraping methods not authorized by our robots.txt
• Develop applications that interact with our Services without prior written consent
• Use our Services for any illegal or unauthorized purpose

The Services, including all text, graphics, images, videos, illustrations, and other content, and all intellectual property rights therein, are owned by Soma Care or our licensors. Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use.

Soma Care and our logos, product names, slogans, and the look and feel of the Services are trademarks of Soma Care and may not be copied, imitated, or used without our prior written permission. All other trademarks mentioned in connection with the Services are the property of their respective owners.

You may submit questions, comments, suggestions, ideas, or other information about Soma Care or our Services (“Feedback”). You understand that we may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Soma Care will exclusively own all improvements to the Services based on Feedback.

Our Services may rely on or interoperate with third-party products and services (“Third-Party Materials”) and may include links to or content from third parties (“Third-Party Content”). We have no obligation to monitor Third-Party Materials or Third-Party Content. Your use of Third-Party Content is solely between you and the relevant third party. We are not responsible for the reliability or accuracy of any Third-Party Materials or Content.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Soma Care and its officers, directors, employees, and agents from and against any losses, liabilities, claims, damages, expenses, or costs arising out of or related to: (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

Your use of our Services is at your sole risk. To the fullest extent permitted by law, our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Soma Care does not warrant that our Services are accurate, complete, reliable, current, or error-free, or that access will be uninterrupted or free of harmful components.

(a) To the fullest extent permitted by applicable law, Soma Care will not be liable for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if advised of the possibility of such damages.

(b) Soma Care’s total liability for any claim arising from these Terms or our Services is limited to the greater of $100 or the amount paid by you to use our Services.

(c) These limitations do not apply to liability for gross negligence, fraud, or intentional misconduct, or where excluded by applicable law.

To the fullest extent permitted by applicable law, you release Soma Care from responsibility, liability, claims, demands, and damages of every kind arising out of or related to disputes between users and the acts or omissions of third parties. California residents waive rights under California Civil Code § 1542.

(a) Scope. This section applies to all disputes between you and Soma Care arising from or relating to these Terms or our Services, except for IP claims and disputes qualifying for small claims court.

(b) Informal Resolution. Before filing arbitration, you and Soma Care must attempt to resolve any dispute informally for 45 days. Send a dispute notice to support@getsomacare.com with “Notice of Claim” in the subject line, including your contact information, a description of the claim, and the relief sought.

(c) Arbitration. Disputes not resolved informally will be resolved through binding individual arbitration conducted by JAMS under JAMS ADR Rules, governed by the Federal Arbitration Act.

(d) No Class Actions. Arbitration will be conducted on an individual basis only. You and Soma Care each waive the right to class arbitration or representative proceedings.

(e) Opting Out. You may opt out of binding arbitration within 30 days of first accepting these Terms by emailing support@getsomacare.com with your full name, address, and a clear statement of your intent to opt out.

(f) Two-Year Limit. Any claim must be brought within two years of when it arises, or it is permanently barred.

These Terms are governed by the laws of the State of Rhode Island, without regard to conflict of law principles. Disputes not subject to arbitration under Section 14 will be resolved exclusively in state or federal courts in Providence County, Rhode Island.

We reserve the right to modify, suspend, or discontinue all or part of our Services at any time. We may notify you in advance by email or through the Services. You may stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access our Services.

If any portion of these Terms is found unenforceable, that provision will be severed and the remaining Terms will continue in full force and effect.

You are responsible for compliance with U.S. export controls. You represent that you are not located in, or a national of, any country subject to a U.S. government embargo, and that you are not on any U.S. government list of restricted end users.

We may provide services designated as beta, trial, or preview (“Beta Services”). Beta users are granted a non-exclusive, revocable license to use Beta Services in exchange for active participation in testing and providing Feedback. Beta Services information is proprietary and confidential. Beta Services are provided “as is” with all faults. Soma Care has no liability for any error, defect, or harm arising from Beta Services.

These Terms reflect the entire agreement between you and Soma Care regarding the subject matter herein and supersede all prior agreements. Soma Care’s failure to enforce any right or provision is not a waiver. For questions or complaints, contact us at support@getsomacare.com.