Terms and Conditions of Use

Alurx Inc., a Delaware corporation (“ALURA”), has developed an AI-powered, voice-activated, wellness platform, application, and services to provide wellness advice to its users (“Platform”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") AND THE ATTACHED PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES. BY CREATING AN ACCOUNT, PURCHASING OR ACTIVATING A SUBSCRIPTION, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND THE PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SERVICES.

BY ACCEPTING THESE TERMS, YOU ALSO EXPRESSLY CONSENT TO ALURA'S COLLECTION, USE, STORAGE, PROCESSING, DE-IDENTIFICATION, PSEUDONYMIZATION, DISCLOSURE, TRANSMISSION, AND RETENTION OF INFORMATION AS DESCRIBED IN THE REFERENCED ALURA PRIVACY POLICY, INCLUDING THE TRANSMISSION OF INFORMATION THROUGH THIRD-PARTY CLOUD PROVIDERS AND ARTIFICIAL INTELLIGENCE SERVICE PROVIDERS FOR THE PURPOSE OF GENERATING WELLNESS-RELATED CONTENT, RECOMMENDATIONS, INSIGHTS, AND RESPONSES.

The services provided through the Platform (“Services”) are intended for users located in the United States and are designed to operate under United States laws and regulations. ALURA makes no representation that the Services are appropriate or lawful for use in other jurisdictions.

1. What ALURA Is

ALURA is an AI-powered wellness platform that provides educational information and coaching related to sleep, nutrition, physical activity, stress management, resilience, and healthy habits. ALURA is intended to support wellness goals and is not a healthcare provider or provider of medical advice.

2. Wellness Advice Only, Not Medical Advice

The Services are designed solely to provide general wellness, lifestyle, educational, and informational content, including information and recommendations relating to sleep, nutrition, physical activity, stress management, resilience, and healthy habits. Any content, recommendations, insights, reports, or other information generated through the Services, including content generated using artificial intelligence, are provided for general wellness purposes only.

The Services do not provide medical advice and are not intended to diagnose, treat, cure, mitigate, or prevent any disease, illness, injury, or medical condition. The Services do not constitute the practice of medicine, nursing, dietetics, psychology, counseling, or any other licensed healthcare profession, and no physician-patient, therapist-patient, or other healthcare provider relationship is created through the use of the Services.

You should not rely on the Services as a substitute for professional medical advice, diagnosis, treatment, or care. Always seek the advice of your physician or another qualified healthcare provider regarding any medical condition, symptom, diagnosis, treatment decision, or before making changes to your diet, exercise program, sleep habits, medications, supplements, or other healthcare regimen. Never disregard, avoid, or delay obtaining professional medical advice because of information or recommendations provided through the Services.

If you believe you may have a medical condition or are experiencing a medical emergency, contact your physician or appropriate emergency services immediately. Use of the Services is solely at your own risk.

By using the Services, you acknowledge and agree that the information provided through the Services is for general wellness purposes only and is not intended to be medical advice. You are solely responsible for consulting with your healthcare providers regarding any medical concerns and for determining whether any recommendations are appropriate for your individual circumstances.

3. Use of Third-Party AI and Cloud Services

ALURA utilizes third-party artificial intelligence, machine learning, cloud hosting, and data processing service providers to deliver certain features and functionality of the Services through the Platform. Current providers include Google Cloud Platform, Google Vertex AI (including Gemini), Perplexity Sonar API, and other service providers that ALURA may engage from time to time in connection with the Services.

By using the ALURA Platform and submitting prompts, health information, wellness information, questions, documents, communications, and other information that you submit, upload, input, transmit, or otherwise make available through the Services ("User Inputs"), you expressly authorize ALURA to transmit, process, store, analyze, and otherwise use such User Inputs through its contracted third-party service providers as reasonably necessary to provide, maintain, support, secure, improve, and deliver the Services and AI-powered functionality available through the Platform.

ALURA may utilize third-party providers to generate wellness-related outputs, recommendations, educational content, search results, insights, and other features available through the Services. Such providers are independent third parties, and ALURA may add, remove, replace, or modify service providers from time to time without liability, provided such providers are engaged for purposes reasonably related to the operation and improvement of the Services.

Your use of the Services does not create any contractual relationship between you and Google, Perplexity, or any other third-party service provider utilized by ALURA.

Additional information regarding ALURA's collection, use, disclosure, storage, retention, cloud hosting arrangements, artificial intelligence service providers, and privacy practices is contained in the ALURA Privacy Policy, which is incorporated into these Terms by reference. Users are encouraged to review the Privacy Policy carefully.

4. Limitations of AI Wellness Advice

ALURA provides general wellness and educational information based on information you submit and analyses performed using artificial intelligence technologies. ALURA uses AI platforms and sources that are widely respected and have reputations for reliability; however, ALURA does not independently verify, review, or validate the recommendations generated by those AI systems. Artificial intelligence can make mistakes, produce incomplete information, misunderstand user inputs, or provide recommendations that are not appropriate for a particular individual's circumstances. As a result, information provided through ALURA may not always be accurate, complete, current, or suitable for your specific needs.

You should not rely solely on information provided by ALURA and their third-party AI providers when making decisions about your health, medical care, diet, exercise, medications, or treatment. Always consult qualified healthcare professionals regarding any medical concerns or before making significant health-related decisions.

5. HIPAA Disclaimer

ALURA is not a Covered Entity or Business Associate under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Information submitted through the Services is not subject to and will not receive the privacy protections afforded to protected health information under HIPAA. If you have a medical question or need medical care, please contact a qualified healthcare provider.

6. Eligibility to Use the Services

The Services are intended solely for use by individuals who are at least eighteen (18) years of age and who are legally capable of entering into a binding agreement under applicable law. By accessing or using the Services, you represent, warrant, and agree to the following:

1. You are at least eighteen (18) years old;
2. You reside in the United States;
3. You have the legal capacity and authority to enter into and comply with these Terms;
4. All information you provide to ALURA is accurate and complete;
5. You are using the Services for your own personal wellness purposes and not on behalf of another individual;
6. The Services are not intended for use by children or individuals under the age of eighteen (18). If ALURA becomes aware that a person under eighteen (18) has created an account or submitted information through the Platform, ALURA reserves the right to suspend or terminate access to the Services and delete associated information as permitted by applicable law;
7. To notify ALURA immediately by email at support@alurx.com of any unauthorized use of your account or any other breach of security; and
8. By using the Services, you represent and warrant that you meet all eligibility requirements described in this section.

ALURA reserves the right to refuse access to, suspend, or terminate any account or user's access to the Services at any time if ALURA reasonably believes that the user does not satisfy the eligibility requirements set forth herein, has provided inaccurate information, or has violated these Terms.

Users may not create an account or use the Services if they have previously been suspended, restricted, or removed from the Platform by ALURA, unless ALURA expressly authorizes such use in writing.

7. Account Security and Credentials

You are responsible for maintaining the confidentiality and security of your account credentials and for all activities occurring under your account to the extent permitted by law. You agree to:

1. Maintain the security of your account credentials and not disclose them with others;
2. Use a strong and unique password and take reasonable measures to prevent unauthorized access to your account;
3. Keep your account information accurate, current, and complete;
4. Log out of your account when using shared or public devices;
5. Notify ALURA immediately at support@alurx.com of any suspected or actual unauthorized access to, use of, or security breach involving your account; and
6. Take reasonable steps to protect the devices, networks, and systems used to access the Services.

ALURA may assume that any activity occurring through your account was authorized by you unless and until you notify ALURA otherwise.

8. Prohibited Uses

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

1. Violate any applicable law or regulation;
2. Upload, transmit, or provide information that is unlawful, fraudulent, infringing, harmful, or otherwise violates the rights of any person or entity;
3. Impersonate another person or misrepresent your identity or authority;
4. Submit information belonging to another individual without authorization;
5. Interfere with, disrupt, damage, or gain unauthorized access to the Services, accounts, systems, or networks;
6. Reverse engineer, decompile, copy, scrape, or attempt to access the source code, models, algorithms, or proprietary technology used by ALURA, except as permitted by law;
7. Upload or transmit malware, viruses, or other harmful code;
8. Use the Services to develop, train, test, benchmark, or improve a competing product, service, or artificial intelligence system;
9. Resell, sublicense, or provide access to the Services to third parties without ALURA's written consent; or
10. Use the Services as a substitute for professional medical advice, diagnosis, treatment, or emergency services.

ALURA reserves the right to suspend, restrict, or terminate access to the Services if it reasonably believes a user has violated this Section or these Terms.

9. Data; License to ALURA

As between you and ALURA, you retain ownership of the information, data, content, materials, responses, health and wellness information, and other information that you submit, upload, input, transmit, or otherwise make available through the Services.

You grant ALURA and its affiliates, contractors, service providers, artificial intelligence providers, cloud service providers, and subprocessors a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, process, analyze, modify, adapt, transmit, display, and otherwise use User Inputs as reasonably necessary to:

1. provide, operate, maintain, support, and improve the Services;
2. generate wellness-related insights, recommendations, reports, content, and responses;
3. authenticate users, protect security, prevent fraud, and enforce these Terms;
4. comply with legal and regulatory obligations; and
5. develop, improve, train, test, validate, and enhance ALURA's products, services, algorithms, artificial intelligence systems, and related technologies, provided that any personal information used for such purposes shall be handled in accordance with ALURA's Privacy Policy and applicable law.

You further acknowledge and agree that ALURA may collect, create, use, disclose, commercialize, license, and retain aggregated, anonymized, de-identified, or pseudonymized information derived from User Inputs for any lawful business purpose, including analytics, benchmarking, research, product development, machine learning, and artificial intelligence development, provided such information does not identify you personally as required by applicable law.

You represent and warrant that you have all rights, permissions, and authority necessary to provide User Inputs to ALURA and to grant the rights described in this section.

Except for the rights expressly granted in these Terms, ALURA acquires no ownership rights in User Inputs.

10. Feedback License

If you provide ALURA with any suggestions, ideas, comments, recommendations, or other feedback regarding the Services ("Feedback"), you grant ALURA a perpetual, worldwide, royalty-free license to use, modify, and incorporate such Feedback into its products and services without compensation or attribution to you. ALURA is under no obligation to use any Feedback.

11. Subscriptions & Payments

1. Subscriptions. Paid subscriptions automatically renew at the end of each billing period unless canceled before renewal. By subscribing, you authorize ALURA to charge your selected payment method for subscription fees and applicable taxes.
2. Cancellation. You may cancel your subscription at any time through the service where you purchased it (such as the Apple App Store or Google Play Store or the ALURA Platform directly). To avoid being charged for the next billing period, cancellation must be completed at least 24 hours before renewal. Cancellation stops future charges but does not entitle you to a refund for amounts already paid, unless required by law.
3. Price Changes. ALURA may change subscription pricing or features from time to time. If ALURA makes a material change, it will provide advance notice. If you do not agree to the change, you may cancel before it takes effect.
4. Free Trials & Promotional Offers. ALURA may offer free trials, discounts, or other promotions subject to additional offer-specific terms. Unless otherwise stated, when a promotional period ends, your subscription will automatically convert to a paid subscription at the then-current rate unless canceled before the promotional period ends.
5. Third-Party or Sponsored Access. If your access to ALURA is provided through an employer, health plan, or another organization, your use may be subject to separate terms with that organization. Access will end when your eligibility expires.
6. Payments. You must provide a valid payment method and keep your payment information current. You authorize ALURA to charge the applicable fees, taxes, and other disclosed charges to your payment method.
7. Refunds. Except where required by law or expressly stated otherwise, subscription fees and other payments are non-refundable.
8. Questions or Billing Issues. If you have a billing question or concern, please contact us at support@alurx.com before initiating a charge dispute through your payment provider.

12. ALURA Intellectual Property

The Platform, including its software, features, functionality, processes, content, trademarks, logos, and all related intellectual property rights, are owned by Alura or its licensors and are protected by applicable law. Your use of the Platform and services does not grant you any ownership or other rights in such intellectual property. You agree not to copy, modify, distribute, reproduce, reverse engineer, decompile, disassemble, attempt to derive the source code of, or otherwise misuse the Platform or any of ALURA'S intellectual property except as expressly permitted by law. ALURA retains ownership of its software, content, trademarks, branding, and platform technology. Subject to your compliance with these Terms, ALURA grants you a non-exclusive right to use outputs generated for you through the Services.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ALURA, its parent companies, affiliates, subsidiaries, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns (collectively, the "ALURA Parties") from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to:

1. your access to or use of the Services;
2. your violation of these Terms, the Privacy Policy, or any other agreement with ALURA;
3. your violation of any applicable law, regulation, or the rights of any third-party;
4. any information, content, data, materials, or submissions provided by you through the Services;
5. your reliance upon, implementation of, or decisions made based on information, recommendations, reports, insights, or other content provided through the Services;
6. your misuse of the Services or use of the Services in a manner not authorized by these Terms; or
7. any fraud, negligence, willful misconduct, or unauthorized activity conducted through your account.

ALURA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate fully with ALURA in asserting any available defenses. You may not settle any claim subject to this indemnification provision without ALURA's prior written consent if the settlement imposes any obligation or liability on any ALURA Party.

This indemnification obligation shall survive the suspension, termination, cancellation, or expiration of your account, subscription, or use of the Services.

14. DISCLAIMER OF WARRANTIES; ASSUMPTION OF RISK

THE SERVICES, PLATFORM, AI-GENERATED CONTENT, WELLNESS RECOMMENDATIONS, REPORTS, INSIGHTS, AND ALL RELATED CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALURA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, SECURITY, OR RESULTS.

ALURA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, CURRENT, ACCURATE, COMPLETE, SUITABLE FOR YOUR NEEDS, OR FREE FROM HARMFUL COMPONENTS. ALURA DOES NOT GUARANTEE ANY PARTICULAR HEALTH, WELLNESS, FITNESS, NUTRITIONAL, SLEEP, STRESS-MANAGEMENT, WEIGHT-LOSS, OR OTHER PERSONAL OUTCOME FROM USE OF THE SERVICES. INDIVIDUAL RESULTS WILL VARY.

THE SERVICES ARE PROVIDED SOLELY FOR GENERAL WELLNESS, EDUCATIONAL, AND INFORMATIONAL PURPOSES AND ARE NOT MEDICAL ADVICE, MENTAL HEALTH TREATMENT, CLINICAL SERVICES, OR EMERGENCY SERVICES. ALURA IS NOT A HEALTHCARE PROVIDER, AND THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE, ILLNESS, INJURY, OR MEDICAL CONDITION. THE SERVICES ARE NOT A MEDICAL DEVICE OR CLINICAL DECISION-MAKING TOOL.

YOU ACKNOWLEDGE THAT ARTIFICIAL INTELLIGENCE SYSTEMS MAY PRODUCE INACCURATE, INCOMPLETE, OUTDATED, OR INAPPROPRIATE INFORMATION, AND ALURA DOES NOT INDEPENDENTLY VERIFY ALL AI-GENERATED CONTENT. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING ANY INFORMATION OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICES AND FOR CONSULTING QUALIFIED HEALTHCARE PROFESSIONALS REGARDING ANY MEDICAL OR HEALTH-RELATED MATTER.

YOU FURTHER ACKNOWLEDGE THAT RECOMMENDATIONS GENERATED THROUGH THE SERVICES DEPEND UPON THE INFORMATION YOU PROVIDE. ALURA IS NOT RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM INACCURATE, INCOMPLETE, OR OUTDATED INFORMATION SUBMITTED BY YOU.

PARTICIPATION IN EXERCISE, PHYSICAL ACTIVITY, DIETARY CHANGES, NUTRITIONAL PROGRAMS, SLEEP MODIFICATIONS, STRESS-REDUCTION ACTIVITIES, SUPPLEMENT USE, OR OTHER WELLNESS ACTIVITIES INVOLVES INHERENT RISKS. YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ACTIONS YOU TAKE BASED ON INFORMATION OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICES.

NO METHOD OF ELECTRONIC TRANSMISSION, DATA STORAGE, CYBERSECURITY, DE-IDENTIFICATION, OR PSEUDONYMIZATION CAN BE GUARANTEED TO BE COMPLETELY SECURE. YOU ACKNOWLEDGE AND ACCEPT THE RISKS INHERENT IN THE ELECTRONIC TRANSMISSION, PROCESSING, AND STORAGE OF INFORMATION.

IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, MENTAL HEALTH CRISIS, OR OTHER EMERGENCY SITUATION, DO NOT USE THE SERVICES AND IMMEDIATELY CONTACT 911, YOUR LOCAL EMERGENCY SERVICES, OR AN APPROPRIATE QUALIFIED HEALTHCARE PROVIDER.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALURA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, ALURA SHALL NOT BE LIABLE FOR ANY INJURY, ILLNESS, HEALTH CONDITION, MEDICAL COMPLICATION, TREATMENT DECISION, EXERCISE-RELATED INJURY, DIETARY OUTCOME, MENTAL HEALTH OUTCOME, OR OTHER PERSONAL OR HEALTH-RELATED CONSEQUENCE ARISING FROM OR RELATING TO: (A) YOUR RELIANCE ON INFORMATION OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICES; (B) INFORMATION PROVIDED BY YOU THAT IS INACCURATE, INCOMPLETE, OR OUTDATED; (C) THE ACTS OR OMISSIONS OF ANY HEALTHCARE PROFESSIONAL OR OTHER THIRD PARTY; OR (D) ERRORS, OMISSIONS, HALLUCINATIONS, OR INACCURACIES IN AI-GENERATED CONTENT.

ALURA SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE, SYSTEM FAILURE, DELAY, CYBERATTACK, SECURITY INCIDENT, UNAUTHORIZED ACCESS, DATA LOSS, OR DATA BREACH EXCEPT TO THE EXTENT CAUSED BY ALURA'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND TO THE EXTENT LIABILITY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALURA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO ALURA FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE THOUSAND U.S. DOLLARS (US $1,000).

THE LIMITATIONS SET FORTH IN THIS SECTION FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ALURA AND SHALL APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, or any other liability that applicable law prohibits from being waived or limited.

16. Employer-Sponsored Wellness Programs

If you access or participate in the Alura Platform through your employer, you acknowledge and agree that your participation is voluntary. To the fullest extent permitted by applicable law, you release and waive any claim against your employer arising from your voluntary use of Alura or participation in employer-sponsored wellness activities available through Alura, including claims relating to participation decisions, wellness goals, incentives, rewards, or other program features administered through the platform. You further acknowledge that your employer is not responsible for the accuracy of content provided by Alura or third-party service providers through the platform and that any health-related decisions you make remain your sole responsibility.

17. Termination

ALURA may terminate your access to and use of the Services or your account if you violate these Terms, in its sole discretion without notice to you and to the extent permitted by applicable law. ALURA may terminate your subscription if your subscription was obtained through an organization if you are no longer eligible for a subscription based on the terms of our agreement with your organization. ALURA may terminate your subscription if it was obtained through a third-party promotion and you no longer meet the eligibility requirements for that offer. Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

18. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms. If a Dispute is determined not to be subject to arbitration, exclusive jurisdiction and venue shall lie in the state or federal courts located in Los Angeles, California, and each party irrevocably consents to the proper venue and jurisdiction of those courts.

19. Binding JAMS Arbitration

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") through informal good-faith discussions before initiating arbitration or litigation. A party seeking to raise a Dispute must first provide written notice to the other party describing the nature of the Dispute and the requested relief. If the parties do not resolve the Dispute within thirty (30) days after receipt of such notice, either party may submit the Dispute to binding arbitration.

Any Dispute arising out of or relating to these Terms, Services, or the Privacy Policy, all whether arising from contract, tort, equity, statute, or otherwise, shall be resolved exclusively by final and binding arbitration administered by JAMS under its applicable consumer arbitration rules. Arbitration shall be conducted before a single arbitrator.

YOU AND ALURA AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. CLASS ACTIONS, CLASS ARBITRATIONS, COLLECTIVE ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND OTHER REPRESENTATIVE PROCEEDINGS ARE NOT PERMITTED.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision. The arbitrator may award any remedy available under applicable law on an individual basis. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Nothing in this section prevents ALURA from seeking relief in court for any breach of this Agreement by the user including seeking temporary injunctive relief to protect intellectual property, confidential information, or other proprietary rights.

If any portion of this arbitration provision is found unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

20. Contact Information and Support

If you have questions about these Terms, the Services, your account, billing matters, technical issues, privacy concerns, or any other aspect of the Platform, you may contact ALURA using the information below:

• Technical Support. If you experience difficulties accessing or using the Services, please provide sufficient information to help us investigate and address the issue, including your account email address, device type, operating system, and a description of the problem, to support@alurx.com.
• Billing and Subscription Inquiries. Questions regarding subscriptions, renewals, cancellations, charges, or payment-related issues should be directed to support@alurx.com before initiating a dispute through your payment provider.
• Privacy Requests. Questions regarding the collection, use, disclosure, retention, correction, deletion, or processing of personal information should be submitted to support@alurx.com and will be handled in accordance with ALURA's Privacy Policy.
• Legal Notices. Any legal notices required under these Terms must be provided in writing and delivered to ALURA at the contact information designated by ALURA for legal communications. ALURA may provide notices to users electronically through the Platform, by email, or by other means permitted by applicable law. Any legal notices shall be provided to ALURA’s legal counsel at georgephillips@phillipsralston.com.
• No Medical Communications. Communications with ALURA's customer support personnel are intended solely for customer service and administrative purposes and do not constitute medical advice, healthcare services, diagnosis, treatment, or the establishment of a healthcare provider-patient relationship.

21. Electronic Communications

By creating an account or using the Services, you consent to receive communications from ALURA electronically, including through the Platform, email, text message, or other electronic means. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

22. Force Majeure

ALURA shall not be liable for any delay, interruption, or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, labor disputes, utility failures, internet or telecommunications disruptions, cyberattacks, governmental actions, or failures of third-party service providers.

23. Entire Agreement

These Terms, together with the Privacy Policy, and any additional terms expressly incorporated by reference, constitute the entire agreement between you and ALURA regarding the Services and supersede all prior or contemporaneous agreements, understandings, communications, and proposals relating to the Services.

24. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by applicable law.

25. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without ALURA's prior written consent. ALURA may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

26. Survival

Any provision of these Terms that by its nature should survive termination, expiration, suspension, or cancellation of the Services shall survive, including without limitation the provisions regarding Intellectual Property, User Content Licenses, Disclaimers of Warranties, Assumption of Risk, Limitation of Liability, Indemnification, Dispute Resolution, Arbitration, Class Action Waiver, Governing Law, Payment Obligations, and any accrued rights or obligations of the parties.

27. Modification of Terms

ALURA may modify these Terms from time to time. Material changes will be communicated through the Platform or by email. Continued use after the effective date constitutes acceptance.