Terms of Service

METAT8 LLC

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES.

By creating an account, accessing, or using any METAT8 Service, you confirm that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and the METAT8 Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

If you are accessing the Services on behalf of an organization (a clinic, treatment program, or community partner), you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

These Terms do not constitute legal advice and do not create an attorney-client relationship.

1. Nature of the Services — What METAT8 Is and Is Not

METAT8 LLC ("METAT8," "we," "us," or "our") provides a software platform offering tools that support reflection, psychological integration, journaling, care coordination workflows, and related clinical and community support functions (collectively, the "Services").

CRITICAL LIMITATION — READ CAREFULLY

METAT8 is a technology platform. It is expressly NOT any of the following:

• A licensed medical provider, mental health provider, or healthcare facility
• A medical device, as defined under 21 U.S.C. § 321(h), unless and until METAT8 obtains applicable FDA clearance or approval for a specific designated feature
• A substitute or replacement for a licensed clinician, therapist, psychiatrist, psychologist, or physician
• An emergency response system or crisis hotline
• A suicide prevention service
• A provider of psychedelic substances or controlled substances of any kind

The Services are clinical workflow support tools. All clinical decisions, diagnoses, treatment plans, and patient care determinations remain exclusively the responsibility of the licensed healthcare professional(s) supervising or associated with your care. METAT8 does not practice medicine, nursing, counseling, social work, or any other licensed healthcare profession.

IF YOU ARE IN IMMEDIATE DANGER OR EXPERIENCING A MENTAL HEALTH CRISIS, DO NOT USE THIS APP. CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. In the United States, you may also call or text 988 (Suicide and Crisis Lifeline) or text HOME to 741741 (Crisis Text Line).

2. Service Tracks

METAT8 operates across two distinct product tracks. Your rights, obligations, and the applicable data handling practices may differ by track. Your track assignment is determined by your organization or account configuration.

3. Eligibility

To access or use the Services, you must meet the following eligibility requirements:

• Age: You must be 18 years of age or older to create an account or use the Services independently.
• Legal Capacity: You must have the legal capacity to enter into a binding contract under applicable law.
• Not Prohibited: You must not be a person barred from receiving the Services under any applicable law, including but not limited to U.S. export control laws or sanctions programs.
• Licensure (Clinicians): If you are accessing the Dashboard as a clinician, therapist, facilitator, or administrator, you represent and warrant that you hold all licenses, credentials, and authorizations required by applicable law to perform your role and that you will maintain such credentials for the duration of your access.

Minors (Under 18)

Individuals under the age of 18 may only access the Services where all of the following conditions are satisfied:

• Access is expressly provisioned by an authorized participating organization (clinic, program, or community partner)
• Verified written consent of a parent or legal guardian has been obtained and documented by the provisioning organization in compliance with applicable law, including COPPA (15 U.S.C. §§ 6501–6506) where applicable
• Appropriate clinical or program supervision is in place for the duration of access

METAT8 does not knowingly collect personal information from individuals under 13 without verifiable parental consent. Provisioning organizations bear responsibility for ensuring minor access meets all legal requirements applicable to their jurisdiction and licensure.

4. Accounts, Roles, and Organizational Access

4A. Account Creation and Responsibility

Certain Services require you to create or be provisioned an account. You agree to:

• Provide accurate, current, and complete registration information and update it as necessary
• Maintain the confidentiality of your account credentials, including your password
• Notify METAT8 immediately at inquire@metat8.com if you suspect unauthorized access to or use of your account
• Accept full responsibility for all activities occurring under your account

METAT8 is not liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials.

4B. Organizational Accounts

Organizations (clinics, treatment programs, community partners) may be granted administrator access to provision and manage user accounts within the platform. By accepting these Terms on behalf of an organization, the organizational administrator represents and warrants that:

• The organization has authority to bind its employees, contractors, and end users to these Terms
• All users provisioned by the organization have been provided with and have agreed to these Terms
• The organization will maintain appropriate supervision and oversight of its users' platform activity
• The organization will promptly deprovision access for any user who separates from the organization or whose access authorization is revoked

4C. Role-Based Access

The Services implement role-based access controls. Your assigned role (e.g., participant, facilitator, clinician, administrator) determines what data and features you may access. You agree not to attempt to access data or features outside your authorized role. Unauthorized access to data beyond your role permissions may constitute a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030.

5. Clinical Disclaimer and Professional Responsibility

THIS SECTION CONTAINS CRITICAL LIMITATIONS ON LIABILITY. READ CAREFULLY.

5A. No Clinical Services Provided

METAT8 does not provide, and is not authorized to provide, any clinical, therapeutic, psychiatric, psychological, medical, or other licensed healthcare services. Nothing in the Services — including but not limited to AI-generated summaries, suggested prompts, reflection templates, questionnaire outputs, or session notes — constitutes:

• A diagnosis of any mental health or medical condition
• A prescription, recommendation, or instruction to use or discontinue any medication or controlled substance
• A treatment plan or clinical protocol
• Psychotherapy or counseling services
• Medical or psychiatric advice of any kind

5B. Clinician Responsibility

Where the Services are used in a clinical context, the licensed clinician, therapist, or healthcare professional overseeing participant care bears exclusive professional and legal responsibility for:

• All clinical decisions, diagnoses, and treatment determinations
• Reviewing, evaluating, and independently verifying any information generated or displayed by the Services before acting on it
• Determining the appropriateness of the Services for any individual participant
• Ensuring that use of the Services complies with their professional licensure obligations, applicable scope-of-practice standards, and the ethical rules of their licensing board

No AI-generated output within the Services may be incorporated into an official clinical record without independent review, clinical judgment, and attestation by a licensed provider.

5C. Psychedelic-Assisted Therapy Context

Where the Services are used in the context of psychedelic-assisted therapy or integration support, you acknowledge and agree that:

• METAT8 does not supply, recommend, prescribe, or endorse the use of any psychedelic substance or controlled substance
• The legality of psychedelic-assisted therapy varies by jurisdiction. You are solely responsible for ensuring that your use of the Services in connection with any psychedelic-assisted program complies with all applicable federal, state, and local law
• METAT8 does not verify the legal status of any treatment program with which it integrates, and integration with METAT8's platform does not constitute endorsement or validation of any treatment protocol
• Information entered into the Services relating to substance use may be subject to heightened confidentiality protections under 42 C.F.R. Part 2 and/or applicable state law; your organization is responsible for ensuring compliance with such requirements

6. AI Features — Disclosures, Limitations, and Acknowledgments

Certain features of the Services incorporate artificial intelligence or machine learning models ("AI Features") to generate outputs such as session summaries, reflection prompts, pattern observations, or suggested next steps.

By using AI Features, you expressly acknowledge and agree to the following:

7. Safety and Crisis Limitations

METAT8 IS NOT A CRISIS SERVICE.

IF YOU OR SOMEONE ELSE IS IN IMMEDIATE DANGER OR EXPERIENCING A PSYCHIATRIC EMERGENCY:

• Call 911 or your local emergency services
• Call or text 988 (Suicide and Crisis Lifeline, United States)
• Text HOME to 741741 (Crisis Text Line, United States)

Do not rely on METAT8 to respond to or manage a crisis situation.

The Services are not designed, configured, or staffed to respond to mental health crises, psychiatric emergencies, suicidal ideation, or expressions of intent to harm oneself or others. METAT8 does not monitor the platform in real time and cannot guarantee a timely response to any content submitted through the Services.

Where technically feasible and operationally configured, the Services may:

• Display crisis resource information upon detection of certain language patterns
• Encourage the user to contact a human support person
• Notify an authorized organizational administrator, subject to the applicable BAA, DPA, or organization agreement and applicable law

These safety features are optional configurations, not guarantees. Their availability and behavior depend on product version, organizational settings, and applicable law. METAT8 makes no warranty that safety features will detect all at-risk situations or that any notification will be received and acted upon in time to prevent harm.

You agree that METAT8 has no liability for failure to detect, respond to, or prevent any crisis situation. Organizational administrators using the Clinical Track are responsible for implementing and maintaining crisis response protocols that comply with applicable professional standards and applicable law, independent of any platform feature.

8. Acceptable Use

By accessing the Services, you agree to comply with this Acceptable Use Policy. You agree not to:

8A. Prohibited Conduct — All Users

• Use the Services for any unlawful, fraudulent, harmful, or abusive purpose
• Access, collect, or attempt to access data that does not belong to you or that you are not authorized to view under your assigned role
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Services
• Attempt to circumvent, disable, or interfere with security controls, access controls, or audit mechanisms
• Transmit malicious code, viruses, or other disruptive technology
• Upload or submit content that infringes the intellectual property, privacy, or other rights of any third party
• Impersonate any person or entity, or misrepresent your identity, credentials, or organizational affiliation
• Use automated tools (bots, scrapers, crawlers) to extract data from the Services without written permission

8B. Prohibited Conduct — Clinicians and Facilitators

• Use the Services to provide regulated medical, clinical, or therapeutic services for which you do not hold the required licensure
• Exceed your professional scope of practice in reliance on any METAT8 output
• Share participant data through the Services with parties not authorized under the applicable BAA, DPA, or organizational agreement
• Represent METAT8 AI outputs as your independent clinical judgment without review and attestation

Violations of this Acceptable Use Policy may result in immediate suspension or termination of access without notice, in addition to any available legal remedies. METAT8 reserves the right to report violations involving illegal activity to appropriate law enforcement or regulatory authorities.

9. User Content

9A. Ownership

You retain ownership of any content you submit to the Services ("User Content"), including journals, reflections, clinical notes, responses to questionnaires, and uploaded attachments. These Terms do not transfer ownership of your User Content to METAT8.

9B. License Grant

By submitting User Content to the Services, you grant METAT8 a limited, non-exclusive, royalty-free license to host, store, process, transmit, and display your User Content solely to the extent necessary to:

• Provide and maintain the Services as requested by you or your organization
• Fulfill METAT8's obligations under any applicable BAA, DPA, or organization agreement
• Comply with applicable legal requirements

This license does not permit METAT8 to use your User Content for marketing, advertising, product promotion, or to train AI models, except as expressly authorized in writing. The license terminates upon deletion of your User Content, subject to applicable retention requirements.

9C. Your Representations Regarding User Content

You represent and warrant that:

• You have all rights necessary to submit the User Content and to grant the license described above
• Your User Content does not violate the intellectual property, privacy, or other rights of any third party
• Where your User Content includes information about a third party (e.g., a patient), you have obtained all required authorizations, consents, and releases under applicable law, including HIPAA authorization where required

10. Intellectual Property

METAT8 and its licensors own and retain all right, title, and interest in and to the Services, including the software, code, algorithms, user interfaces, text, graphics, trademarks, trade names, service marks, logos, proprietary workflows, and all other content and materials comprising the Services (collectively, "METAT8 IP"), except for User Content.

Subject to your compliance with these Terms, METAT8 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your authorized purposes under these Terms.

You may not:

• Copy, reproduce, modify, adapt, translate, or create derivative works of any METAT8 IP
• Distribute, sell, sublicense, transfer, or assign any METAT8 IP or your rights under these Terms
• Remove or alter any proprietary notices, labels, or marks on the Services
• Use METAT8's name, logo, or trademarks without prior written consent

11. Third-Party Services and Integrations

The Services may integrate with, link to, or incorporate third-party software, tools, platforms, or services ("Third-Party Services"), including analytics providers, hosting infrastructure, electronic health record systems, communication tools, and scheduling platforms.

With respect to Third-Party Services:

• METAT8 is not responsible for the availability, accuracy, content, privacy practices, or security of any Third-Party Service
• Your use of any Third-Party Service is governed by that service's own terms and privacy policy, which you are responsible for reviewing
• The inclusion of or integration with a Third-Party Service does not constitute METAT8's endorsement or recommendation of that service
• Where a Third-Party Service receives personal information or PHI as part of an integration, such sharing is governed by the applicable BAA, DPA, or sub-processor agreement

[Note: Prior to publication, list all material Third-Party Services and confirm applicable contractual protections are in place — particularly for any services receiving PHI.]

12. Fees and Payment

Certain features or tiers of the Services may be offered on a paid basis, including individual subscriptions and organizational licensing arrangements. Where fees apply:

• Pricing, billing frequency, and payment terms will be presented at the time of purchase or set forth in a separate written agreement between METAT8 and the subscribing party
• All fees are non-refundable except as expressly stated in the applicable order or as required by applicable law
• METAT8 reserves the right to modify pricing upon reasonable advance notice. Continued use of paid features after a price change takes effect constitutes acceptance of the new pricing
• Failure to pay applicable fees may result in suspension or termination of access to paid features

[Note: Confirm subscription model, payment processor, refund policy, and auto-renewal disclosure obligations prior to publication.]

13. Disclaimers of Warranty

THE FOLLOWING SECTION CONTAINS IMPORTANT LIMITATIONS ON METAT8's LIABILITY. PLEASE READ CAREFULLY.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METAT8 EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

• ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT
• ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, DATA, OR OUTPUT GENERATED BY THE SERVICES, INCLUDING AI-GENERATED OUTPUTS
• ANY WARRANTY THAT DEFECTS IN THE SERVICES WILL BE CORRECTED

METAT8 MAKES NO WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR USE IN ANY SPECIFIC CLINICAL CONTEXT OR THAT THE SERVICES COMPLY WITH THE REQUIREMENTS OF ANY SPECIFIC PROFESSIONAL LICENSING BOARD, ACCREDITATION BODY, OR CLINICAL PROTOCOL.

Some jurisdictions do not permit the exclusion of certain implied warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by law.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL METAT8, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
• PERSONAL INJURY OR EMOTIONAL DISTRESS
• COST OF SUBSTITUTE SERVICES

ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF METAT8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE LIABILITY CAP: METAT8'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO METAT8 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

CLINICAL CONTEXT CARVE-OUT NOTICE

The limitations of liability above apply to METAT8 as a technology platform provider. They do not limit, modify, or affect the professional liability obligations of any licensed clinician, therapist, or healthcare professional using the Services. Licensed professionals remain subject to their full professional and legal duties of care under applicable law and professional standards regardless of these Terms.

Some jurisdictions do not permit the exclusion or limitation of liability for certain types of damages. In such jurisdictions, METAT8's liability is limited to the maximum extent permitted by law.

15. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless METAT8 LLC and its members, managers, officers, employees, agents, successors, and assigns (collectively, "METAT8 Parties") from and against any and all claims, demands, actions, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees) ("Claims") arising out of or relating to:

• Your access to or use of the Services in violation of these Terms
• Your violation of any applicable law, regulation, or third-party right, including professional licensing requirements
• Your User Content, including any claim that your User Content infringes or violates any third-party intellectual property, privacy, or confidentiality right
• Your misrepresentation of your identity, credentials, or organizational authority
• Any clinical decision you make in reliance on, or in connection with, Services outputs without independent professional review
• Your organization's failure to properly supervise, train, or restrict the access of users provisioned under an organizational account

METAT8 reserves the right to assume exclusive control of the defense of any matter for which you are required to indemnify the METAT8 Parties, at your expense. You agree to cooperate fully with METAT8's defense of any such Claims and not to settle any Claim without METAT8's prior written consent.

16. Termination and Suspension

16A. Your Right to Terminate

You may discontinue use of the Services at any time. To close your account, contact inquire@metat8.com. Account closure does not automatically result in deletion of your data; refer to the Privacy Policy and your applicable organization agreement for data retention terms.

16B. METAT8's Right to Suspend or Terminate

METAT8 may suspend or terminate your access to the Services, in whole or in part, immediately and without prior notice, if:

• You violate these Terms or the Acceptable Use Policy (Section 8)
• You engage in conduct that METAT8 reasonably believes poses a risk to the safety, security, or integrity of the Services or any user
• Required by applicable law, court order, or governmental authority
• The applicable organization agreement governing your access is terminated or expires
• METAT8 discontinues the Services or any portion thereof

METAT8 will use reasonable efforts to provide advance notice of termination where feasible, except where immediate termination is required for security or legal compliance reasons.

16C. Effect of Termination

Upon termination of your access:

• Your license to use the Services ceases immediately
• You must cease all use of the Services and destroy any copies of METAT8 materials in your possession
• Provisions of these Terms that by their nature should survive termination will survive, including Sections 5, 6, 9, 10, 13, 14, 15, 17, 18, and 19
• Data retention following termination is governed by the Privacy Policy and any applicable organization agreement

17. Dispute Resolution, Arbitration, and Class Action Waiver

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

17A. Informal Resolution

Before initiating formal dispute proceedings, you agree to contact METAT8 at inquire@metat8.com and describe your dispute in reasonable detail. The parties will attempt to resolve the dispute informally for a period of thirty (30) days from the date of notice (the "Informal Resolution Period"). This Section does not apply to claims for injunctive or other equitable relief to protect intellectual property rights.

17B. Binding Arbitration

[OPTION A — WITH ARBITRATION — CONFIRM PREFERENCE BEFORE PUBLISHING]

If the dispute is not resolved during the Informal Resolution Period, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including any question of the existence, validity, or scope of these Terms, shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, as modified herein. The arbitration will be conducted in Travis County, Texas, or remotely as agreed by the parties. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

[OPTION B — WITHOUT ARBITRATION — CONFIRM PREFERENCE BEFORE PUBLISHING]

If the dispute is not resolved during the Informal Resolution Period, each party submits to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas for resolution of any such dispute. Each party waives any objection to the laying of venue in such courts.

17C. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND METAT8 EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. THIS WAIVER IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.

[Note: Class action waivers in the context of healthcare services may face enforceability challenges in certain jurisdictions. Confirm with Texas health law counsel before finalizing.]

18. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 17, the exclusive jurisdiction and venue for such dispute will be the state and federal courts located in Travis County, Texas. You consent to personal jurisdiction in such courts.

Nothing in these Terms limits the rights of any party under applicable federal law, including HIPAA, the FTC Act, or any other federal statute that provides legal protections that cannot be waived by contract.

19. Changes to These Terms

METAT8 may update or modify these Terms from time to time. When we make material changes, we will:

• Post the updated Terms on the Website and App with a revised effective date
• Provide at least 30 days' advance notice to registered users via in-app notification or email before material changes take effect
• Where the change affects clinical workflows or data handling, notify applicable organizational administrators

Your continued use of the Services 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 Services and may request account closure. Changes to these Terms do not retroactively modify rights under any separately executed organization agreement, BAA, or DPA unless agreed in writing by both parties.

20. General Provisions

21. Contact Information