Terms of Use

1. Introduction and Acceptance

These Terms of Use ("Terms") govern your use of the website located at onfirehealth.com and any associated websites, mobile application, products, and software (collectively, the "Sites") owned and operated by Onfire Health, Inc. and its subsidiaries, affiliates, successors, and assigns ("Onfire Health," "we," "us," or "our"). The terms "you" and "your" mean you or any other person using the Sites on your behalf.

Please read these Terms carefully. They include important information about your legal rights, remedies, and obligations, including mandatory arbitration and a class action waiver (see Section 12). By using the Sites, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated here by reference.

2. Membership Program; Separate Agreement Required

These Terms govern your use of the Onfire Health Website and App as a general user. Enrollment in the Onfire Health Membership Program — including the Membership Account, Fixed Plans, Flex Plans, and related financial services — is governed separately by the Membership Terms of Service available at onfirehealth.com/terms and the Plan Terms at onfirehealth.com/plan-terms.

If there is any conflict between these Terms and the Membership Terms of Service, the Membership Terms of Service shall control with respect to your Membership Account and the Membership Program.

3. Availability of Services

We operate subject to federal and state laws and regulations. The Sites and the Membership Program may not be available in all jurisdictions. You represent that you are (a) at least 18 years of age, (b) located in a state within the United States where Onfire's services are available, and (c) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Accessing the Sites from jurisdictions where the content is illegal or where we do not offer services is prohibited.

4. Financial Services; Third-Party Providers

Bank Account Linking (Plaid). Certain features of the Sites — including linking a bank account to a Membership Account — involve the use of Plaid, Inc. ("Plaid"), a third-party financial technology provider. By using these features, you authorize Onfire Health to share your information with Plaid and agree to Plaid's Privacy Policy and End User Privacy Notice. Plaid's services are provided "as-is" and Onfire Health is not responsible for any errors, outages, or failures of Plaid's services.

Payment Processing. Member Debit and Member Credit transactions are processed through Plaid. Onfire Health also uses its own payment infrastructure to settle payments to Partner Clinics from the segregated member funds account. Your use of Plaid is subject to Plaid's applicable terms.

Credit Card Payments. Members may also pay by credit card for subscription and pay-in-full payments. Credit card payments are subject to a surcharge as described in the Onfire Health Membership Terms; the surcharge applies only to credit card payments (and, for subscriptions, to each recurring payment). It does not apply to bank account (ACH), debit, or HSA/FSA payments, and is not applied where prohibited by law.

No Unlicensed Financial Activity. Onfire Health is not a bank, credit union, money transmitter, or licensed lender. The Membership Program is a membership and payment platform, not a deposit account, prepaid card, or consumer loan. Funds held in your Membership Account are held by Onfire Health and are not FDIC-insured.

5. Privacy Practices

Your use of the Sites is subject to our Privacy Policy, incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and share your information, including information collected through Plaid in connection with bank account linking.

California residents may also exercise their privacy rights through our Your Privacy Choices page.

6. User Information and Content

In your use of the Sites, you may submit text, photos, forms, comments, and other materials ("User Content"). You agree not to provide User Content that:

• Contains sexually explicit, obscene, or harmful content or violates child safety laws;
• Denigrates any ethnic, racial, sexual, or religious group through stereotyping;
• Exploits images of any individual without their express consent;
• Promotes physical harm against any individual or group;
• Provides instructions about illegal activities;
• Contains malicious code, viruses, or other harmful programming.

By submitting User Content, you grant Onfire Health a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, adapt, modify, publish, distribute, and create derivative works from that content in connection with operating and improving our services.

You understand that User Content you submit through the Sites will be treated as non-confidential and non-proprietary, except as described in our Privacy Policy with respect to personal information.

7. Restrictions on Use

You may not:

• Use any scraper, crawler, spider, robot, or automated means to access or copy data from the Sites;
• Interfere with or damage the Sites, servers, or networks connected to the Sites;
• Upload or transmit malware, viruses, or any code designed to interrupt, destroy, or limit functionality;
• Transmit unsolicited advertising, spam, chain letters, or pyramid schemes;
• Impersonate or misrepresent your identity or affiliation with any person or entity;
• Harvest or collect personal data about other users of the Sites;
• Infringe or facilitate infringement of any intellectual property rights;
• Use the Sites for any purpose that violates applicable law.

8. Representations and Warranties

You represent and warrant that:

• You have the full right and authority to enter into and perform these Terms;
• You are at least 18 years of age;
• All information you provide to us is accurate, complete, and not misleading;
• You will comply with all applicable laws in connection with your use of the Sites.

9. Consent to Communications

By using the Sites or providing your contact information, you consent to receive electronic communications from Onfire Health, including emails, push notifications, and text messages. You agree that electronic communications satisfy any legal requirement that communications be in writing.

By providing your phone number, you consent to receive calls and text messages from Onfire Health at that number for informational and service-related purposes. You may opt out of marketing text messages by replying "STOP." Standard message and data rates may apply.

10. Intellectual Property

All content, materials, software, graphics, text, images, designs, videos, audio, animations, databases, logos, domain names, and trade names on the Sites (collectively, "Materials") are owned by or licensed to Onfire Health and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from the Materials without our express written consent.

11. Disclaimers

THE SITES AND ALL CONTENT AND SERVICES PROVIDED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ONFIRE HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. ONFIRE HEALTH DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Nothing on the Sites constitutes medical, financial, legal, or other professional advice. You should consult qualified professionals for advice specific to your circumstances.

12. Dispute Resolution; Arbitration

Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict of law rules.

Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms (other than disputes relating to the Membership Program, which are governed by the arbitration provision in the Membership Terms of Service) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in San Francisco, California (or remotely, at the arbitrator's discretion). 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 may only bring claims in your individual capacity and not as a plaintiff or class member in any purported class or representative action. No arbitration may be joined or consolidated with any other arbitration without all parties' written consent.

Exceptions. Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Small claims court actions where eligible are also excluded from mandatory arbitration.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONFIRE HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SITES; (B) ANY ACTION YOU TAKE BASED ON INFORMATION FROM THE SITES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR CONTENT; OR (D) ANY THIRD-PARTY CONDUCT ON THE SITES.

IN NO EVENT SHALL ONFIRE HEALTH'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (I) THE TOTAL FEES PAID BY YOU TO ONFIRE HEALTH IN THE SIX MONTHS PRECEDING THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to defend, indemnify, and hold harmless Onfire Health and its officers, directors, employees, affiliates, agents, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Sites; (b) your breach of these Terms or our Privacy Policy; or (c) the content or subject matter of any information you provide to us.

15. Third-Party Links and Services

The Sites may contain links to third-party websites or services. Onfire Health does not control and is not responsible for the content, privacy practices, or terms of those third-party services. Your use of third-party services is at your own risk and subject to the applicable third-party terms.

16. Auto-Renewal Disclosure

If you enroll in an Onfire Flex Plan (Spark, Ignite, or Bonfire), your Membership will automatically renew annually unless you cancel before your renewal date. As required by California law (Cal. Bus. & Prof. Code § 17600 et seq.):

• You will be charged the then-current annual Membership Fee via auto-debit from your Linked Bank Account at each renewal;
• You may cancel at any time through the Onfire Health App or by emailing help@onfirehealth.com;
• Cancellation instructions are available at onfirehealth.com/terms (Section 12).

17. General Terms

Modification. We reserve the right to modify these Terms at any time. We will provide reasonable notice of material changes by email or through the Sites. Your continued use after changes are posted constitutes acceptance.

Termination. We may terminate your access to the Sites at any time for any reason, with or without notice.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Entire Agreement (Website Use). These Terms, together with our Privacy Policy and any supplemental terms applicable to specific features, constitute the entire agreement between you and Onfire Health regarding your use of the Sites. These Terms do not supersede the Membership Terms of Service, which govern your Membership Account separately.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

18. Contact Information

Email: help@onfirehealth.com

Mail: Onfire Health, Inc., 28 Geary Street, Suite 650-1722, San Francisco, CA 94108

Web: onfirehealth.com/contact