Aether, Inc. — Terms of Service

Version: 1.0 Last updated: April 22, 2026 Effective date: April 22, 2026

1. Introduction and Acceptance

1.1 Overview

These Terms of Service ("Terms") form a binding legal agreement between you ("you," "your," or "Patient") and Aether, Inc., a professional corporation organized under the laws of the State of Delaware ("Yellowstone," "we," "our," or "Company"), governing your access to and use of the website located at yellowstonescreening.com and any related subdomains, patient portal, mobile-optimized interfaces, and associated telehealth services (collectively, the "Service").

1.2 Binding Agreement

By creating an account, completing an intake form, clicking "I Agree," checking an assent box, electronically signing any consent, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Notice of Privacy Practices, and any other policies or consents referenced herein or presented to you within the Service. If you do not agree to these Terms, you must not use the Service.

1.3 Relation to Other Agreements

These Terms work in conjunction with, and are supplemented by, the following documents, each of which is incorporated by reference: (a) the Yellowstone Privacy Policy; (b) the Yellowstone Notice of Privacy Practices ("NPP") required under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"); (c) the Informed Consent to Telehealth; and (d) any order confirmations, billing disclosures, or product-specific terms presented at the time of service. In the event of conflict between these Terms and the Informed Consent to Telehealth, the Informed Consent controls for matters regarding the physician-patient relationship.

1.4 Important Arbitration Notice

These Terms contain a binding individual arbitration clause and a class-action waiver (see Section 15). Please review Section 15 carefully. By agreeing to these Terms, you agree to resolve disputes through individual arbitration and waive the right to a jury trial and the right to participate in a class action, except as described in Section 15 and to the extent such waivers are enforceable under applicable law.

2. Nature of the Service

2.1 What Yellowstone Does

Yellowstone offers a limited telehealth service that facilitates (a) an asynchronous clinical review by a U.S.-licensed physician of information you submit through our intake form; and (b) if clinically appropriate and consistent with applicable screening guidelines (including, where relevant, recommendations of the U.S. Preventive Services Task Force and the American College of Radiology), the issuance of a signed physician order for a low-dose computed tomography ("LDCT") chest scan for lung cancer screening. Upon issuance of the order, you will receive a PDF copy of the signed order and a list of imaging facilities accredited by the American College of Radiology ("ACR") located near the ZIP code you provided.

2.2 What Yellowstone Does Not Do

The Service does not include, and Yellowstone expressly does not provide:

• Prescription of medication of any kind;
• Interpretation of imaging studies (including, without limitation, radiology reports or scan findings);
• Diagnosis, management, or treatment of lung cancer or any other disease or medical condition;
• Performance of the LDCT scan itself (the scan is performed by a third-party imaging facility of your choice);
• Primary care, specialty care, longitudinal care coordination, care management, or referral management beyond issuance of the screening order;
• Emergency medical services; or
• Mental health, substance-use disorder, or crisis intervention services.

2.3 Not a Substitute for a Primary Care Physician

The Service is not a substitute for a relationship with a primary care physician ("PCP") or other treating clinician. You are strongly encouraged to maintain a relationship with a PCP and to share the results of any imaging study ordered through the Service with your PCP for appropriate follow-up, including interpretation of findings and determination of next steps (which may include additional testing, referral to a pulmonologist or thoracic specialist, or lifestyle counseling).

2.4 Emergencies — Call 911

If you are experiencing a medical emergency, including but not limited to chest pain, severe shortness of breath, coughing up blood, suspected stroke, or any condition that poses an immediate risk to life or limb, call 911 or your local emergency number immediately, or proceed to the nearest emergency department. Do not use the Service to request emergency care. Yellowstone does not monitor communications in real time and cannot provide emergency medical assistance.

2.5 Clinical Judgment; No Guarantee of Order

The issuance of an LDCT screening order is subject to the independent medical judgment of the reviewing physician. Yellowstone does not guarantee that any particular intake submission will result in a signed order. A decision to decline issuing an order does not constitute a determination that you do not have or are not at risk for lung cancer; it reflects only the reviewing physician's clinical judgment that LDCT screening through the Service is not appropriate for you at that time, and you should consult your PCP.

3. Eligibility

3.1 Age and Residency

To use the Service, you must (a) be at least eighteen (18) years of age; (b) be a legal resident of, and physically located in, one of the fifty United States or the District of Columbia at the time you submit an intake form and at the time the order is issued; (c) be legally competent to enter into a binding contract; and (d) not be barred from using the Service under applicable law.

3.2 Not Available to Minors

The Service is not directed to, and is not available for use by, individuals under the age of eighteen. We do not knowingly collect personal information, including protected health information, from minors. If we learn that we have collected such information, we will take reasonable steps to delete it.

3.3 Jurisdictional Limitations

Because the practice of medicine is regulated on a state-by-state basis, the Service may not be available in every state, and may be subject to state-specific restrictions, including restrictions on asynchronous telehealth, corporate practice of medicine, and professional licensure. You may be required to attest to your state of residence and physical location at the time of intake. Yellowstone reserves the right to decline service in any jurisdiction.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account by providing accurate and complete information, which may include your legal name, date of birth, sex assigned at birth, mailing address, email address, mobile telephone number, and information regarding your smoking history. You agree to keep this information current and to promptly correct any inaccuracies.

4.2 Accuracy of Information

You represent and warrant that all information you submit to the Service—including information in your intake form and any subsequent communications—is truthful, accurate, and complete to the best of your knowledge. The reviewing physician will rely on this information when evaluating whether LDCT screening is clinically appropriate. Providing false or misleading information may result in denial of service, issuance of a clinically inappropriate order, termination of the physician-patient relationship, and may expose you to legal liability.

4.3 Credentials and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to (a) use a strong, unique password; (b) not share your credentials with any third party; (c) log out of your account after each session on shared devices; and (d) promptly notify Yellowstone at care@yellowstonescreening.com of any suspected unauthorized access, use, or security breach. Yellowstone is not liable for any loss or damage arising from your failure to comply with this Section.

4.4 One Account per Individual

Each individual is permitted one (1) account. You may not create an account on behalf of another person, unless you are a court-appointed legal guardian or hold a valid healthcare power of attorney for that person and Yellowstone has expressly authorized such use in writing.

5. Physician-Patient Relationship

5.1 Formation

A physician-patient relationship is formed between you and the reviewing physician at the moment the reviewing physician affirmatively accepts your intake submission for clinical review. The relationship is limited in scope to the encounter in which the intake is reviewed and, if applicable, the issuance of an LDCT screening order. No physician-patient relationship is formed by your mere submission of information, by your creation of an account, or by your use of any informational content on the website.

5.2 Scope of Engagement

The scope of the physician-patient relationship is limited to: (a) review of information submitted through the intake form; (b) a determination of whether LDCT screening is clinically appropriate; and (c) if appropriate, issuance of a signed LDCT screening order and provision of educational information regarding lung cancer screening and next steps. The relationship does not extend to interpretation of imaging results, longitudinal management, referrals to specialists other than imaging facilities, or any other care.

5.3 Termination of Relationship

The physician-patient relationship terminates automatically upon the earlier of (a) issuance of the LDCT screening order and delivery of associated materials to you; (b) a clinical determination that LDCT screening is not appropriate and communication of that determination to you; (c) thirty (30) days following the most recent clinical communication if no order has been issued; or (d) termination of your account. Termination does not relieve Yellowstone of its obligations to maintain the medical record or to comply with applicable law.

5.4 Follow-Up Care

You are responsible for obtaining follow-up care after receiving an LDCT scan, including interpretation of the scan results by a qualified physician (typically the ordering radiologist's interpreting physician at the imaging facility, and your PCP). Yellowstone is not responsible for, and does not coordinate, such follow-up care.

6. Acceptable Use

6.1 Permitted Use

You may use the Service only for your own lawful, personal, non-commercial use, in accordance with these Terms and all applicable federal, state, and local laws and regulations.

6.2 Prohibited Conduct

You agree not to:

(a) submit false, misleading, or incomplete information, including impersonating another person or misrepresenting your identity, age, residency, medical history, or smoking history; (b) use the Service on behalf of another person without proper legal authorization and Yellowstone's written consent; (c) use the Service to obtain an LDCT order for any purpose other than your own bona fide lung cancer screening; (d) circumvent, disable, or interfere with security or authentication features of the Service; (e) access the Service by any means other than the interfaces we provide; (f) scrape, crawl, harvest, or otherwise extract data from the Service through automated means; (g) reverse engineer, decompile, or disassemble any component of the Service, except to the extent such prohibition is unenforceable under applicable law; (h) upload or transmit any material containing viruses, worms, Trojan horses, ransomware, or other malicious code; (i) use the Service to harass, threaten, or defame any person, including clinical personnel; (j) resell, sublicense, or otherwise commercialize the Service or any portion thereof; or (k) use the Service in a manner that violates HIPAA, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), or any other applicable privacy or healthcare law.

6.3 Enforcement

We reserve the right, in our sole discretion, to investigate and take action—including suspension or termination of your account, denial of service, and referral to law enforcement—in response to any suspected violation of this Section.

7. Fees and Payment

7.1 Service Fees

Access to the Service requires payment of a flat clinical-review fee of [$X] per intake submission (the "Fee"). The Fee covers the physician's review of your intake and, if clinically appropriate, the issuance of the signed LDCT screening order. The Fee is disclosed to you prior to submission of payment and is not conditioned on issuance of an order.

7.2 No Insurance Billing

Yellowstone is a cash-pay service and does not bill commercial or governmental health insurance plans, including Medicare and Medicaid, for the Fee. The Fee is your sole responsibility. Yellowstone does not participate in any insurance network. The imaging facility that performs your LDCT scan is a separate entity and may or may not be in-network with your insurance plan; fees charged by the imaging facility are separate from the Fee and are governed by your agreement with the imaging facility.

7.3 Payment Processing

Payment is processed by a third-party payment processor. By submitting payment, you authorize Yellowstone and its payment processor to charge the payment method you designate for the Fee and any applicable taxes. You represent that you are authorized to use the payment method provided.

7.4 Refunds

If the reviewing physician declines to issue an LDCT order based on clinical judgment, Yellowstone will refund [$X] (representing [X]% of the Fee) within [X] business days. No refunds will be issued once a signed order has been generated, except as required by applicable law. Refund requests may be directed to care@yellowstonescreening.com.

7.5 Taxes

You are responsible for any sales, use, value-added, or similar taxes arising from your use of the Service, other than taxes based on Yellowstone's net income.

7.6 Price Changes

Yellowstone may modify the Fee from time to time. Any Fee change will apply only to new intake submissions initiated after the effective date of the change.

8. Intellectual Property

8.1 Ownership

The Service, including all software, text, graphics, logos, icons, images, audio, video, user interfaces, design elements, and the "Yellowstone" and "Yellowstone Screening" names and marks (collectively, the "Yellowstone IP"), is owned by Yellowstone or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

8.2 Limited License

Subject to your compliance with these Terms, Yellowstone grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for the purposes described herein. No other license or right, express or implied, is granted.

8.3 Your PDF Order

The PDF copy of the signed LDCT order provided to you is furnished for your personal healthcare use. You may share the PDF with imaging facilities, your PCP, and other clinicians involved in your care. You may not modify, alter, or counterfeit the order.

8.4 Feedback

If you provide Yellowstone with suggestions, comments, or other feedback regarding the Service ("Feedback"), you grant Yellowstone a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, create derivative works of, distribute, and otherwise exploit such Feedback for any purpose, without compensation to you.

9. User Content and Submitted PHI

9.1 User Content

"User Content" means any information, data, text, images, or other content you submit to the Service, including intake information, communications with clinical personnel, and uploaded documents.

9.2 Protected Health Information

Much of the User Content you submit constitutes "protected health information" ("PHI") as defined under HIPAA, and Yellowstone, as a HIPAA-covered entity, handles such PHI in accordance with HIPAA, HITECH, applicable state law, the Privacy Policy, and the Notice of Privacy Practices.

9.3 License to User Content

Subject to our Privacy Policy and NPP, you grant Yellowstone a non-exclusive, worldwide, royalty-free license to use, store, process, reproduce, transmit, and display User Content solely as necessary to (a) provide the Service to you; (b) comply with legal and regulatory obligations; (c) protect the security and integrity of the Service; and (d) create de-identified data in accordance with 45 C.F.R. § 164.514 for use in quality improvement, research, or other permitted purposes.

9.4 Your Representations

You represent and warrant that (a) you have the right to submit all User Content; (b) the User Content is accurate and does not violate any third party's rights; and (c) the User Content does not contain any information concerning any person other than yourself, except as expressly permitted.

10. Third-Party Services and Imaging Centers

10.1 Imaging Facilities Are Independent

The imaging facilities listed in the materials provided to you are independent third parties. Yellowstone does not own, operate, control, employ, or contract with the imaging facilities in a manner that creates agency, partnership, or joint-venture liability. The inclusion of an imaging facility in the list is based on information available to Yellowstone regarding ACR accreditation status, proximity, and other factors, and does not constitute an endorsement or a guarantee of the quality, safety, pricing, billing practices, or outcomes of services provided by the facility.

10.2 Your Separate Relationship with the Imaging Facility

When you schedule or obtain an LDCT scan at an imaging facility, you enter into a separate relationship with that facility, governed by that facility's own consents, terms, privacy practices, and billing arrangements. Yellowstone is not a party to that relationship and is not responsible for the imaging facility's acts or omissions, including, without limitation, (a) the quality or accuracy of the scan; (b) the interpretation of scan results; (c) scheduling, wait times, or cancellations; (d) fees charged by the imaging facility; (e) insurance claims submitted by the imaging facility; or (f) the imaging facility's handling of your PHI.

10.3 Other Third-Party Services

The Service may integrate with or link to third-party services, including payment processors, email providers, cloud infrastructure providers, and analytics providers. Your use of such third-party services is governed by those providers' terms and privacy policies. Where a third party receives PHI in its capacity as a business associate of Yellowstone, such third party is bound by a business associate agreement ("BAA") consistent with 45 C.F.R. § 164.504(e).

11. Disclaimers

11.1 Service Limitations

THE SERVICE ENABLES YOU TO REQUEST AN LDCT SCREENING ORDER. YELLOWSTONE DOES NOT PERFORM THE SCAN, INTERPRET THE SCAN, OR MANAGE FOLLOW-UP CARE. THE SCAN IS PERFORMED BY AN INDEPENDENT IMAGING FACILITY, AND YOU SHOULD FOLLOW UP WITH YOUR PRIMARY CARE PHYSICIAN OR OTHER QUALIFIED CLINICIAN TO REVIEW THE RESULTS AND DETERMINE APPROPRIATE NEXT STEPS.

11.2 "As Is" and "As Available"

EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. YELLOWSTONE DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

11.3 No Warranty of Clinical Outcomes

YELLOWSTONE DOES NOT WARRANT THAT THE SERVICE OR ANY LDCT SCAN OBTAINED THROUGH THE SERVICE WILL DETECT LUNG CANCER, PREVENT DISEASE, EXTEND LIFE, OR PRODUCE ANY SPECIFIC CLINICAL OUTCOME. LUNG CANCER SCREENING HAS KNOWN LIMITATIONS, INCLUDING FALSE POSITIVES, FALSE NEGATIVES, INCIDENTAL FINDINGS, AND RADIATION EXPOSURE.

11.4 Availability

YELLOWSTONE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

11.5 Statutory Carve-Outs

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted under applicable law, the exclusions in this Section 11 shall apply to the maximum extent permitted. Nothing in these Terms limits any warranty or right that cannot be lawfully disclaimed, including any non-waivable rights you may have under state consumer protection laws.

12. Limitation of Liability

12.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YELLOWSTONE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "YELLOWSTONE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF A YELLOWSTONE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Aggregate Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE YELLOWSTONE PARTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO YELLOWSTONE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) [$X].

12.3 Carve-Outs

Nothing in this Section 12 limits liability for (a) a party's fraud or willful misconduct; (b) bodily injury or death caused by a party's negligence, to the extent such limitation is prohibited by applicable law; (c) obligations to pay amounts owed under these Terms; or (d) any other liability that cannot be limited or excluded under applicable law, including any non-waivable professional liability of a licensed physician providing care through the Service.

12.4 Basis of the Bargain

You acknowledge that the limitations of liability in this Section are a material part of the bargain and a condition to Yellowstone's willingness to provide the Service at the Fee charged.

13. Indemnification

13.1 Your Indemnity

You agree to defend, indemnify, and hold harmless the Yellowstone Parties from and against any and all claims, demands, suits, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or any right of a third party; (d) your submission of false, inaccurate, or misleading information; or (e) your acts or omissions in connection with any LDCT scan or follow-up care you obtain from third parties.

13.2 Procedure

Yellowstone shall have the right, at its option and expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You shall not settle any matter affecting Yellowstone's rights without Yellowstone's prior written consent.

14. Governing Law and Venue

14.1 Governing Law

These Terms, and any dispute arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles, except that (a) the federal Arbitration Act shall govern the interpretation and enforcement of Section 15; and (b) matters involving the licensure, scope of practice, or professional conduct of licensed clinicians shall be governed by the laws of the state in which the clinician is licensed and in which the patient is located at the time of service.

14.2 Venue for Excluded Claims

For any dispute not subject to arbitration under Section 15, the exclusive venue shall be the state or federal courts located in Wilmington, Delaware, and the parties consent to the personal jurisdiction of such courts.

15. Dispute Resolution; Binding Individual Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. This Section requires that most disputes between you and Yellowstone be resolved through individual binding arbitration rather than in court, waives your right to a jury trial, and limits the ability to bring class actions, class arbitrations, or representative proceedings. You have the right to opt out of arbitration within thirty (30) days of first accepting these Terms as described in Section 15.7.

15.1 Informal Dispute Resolution

Before initiating arbitration or litigation, the parties shall attempt in good faith to resolve any dispute informally. You agree to send written notice of the dispute to legal@yellowstonescreening.com (with a copy to the mailing address in Section 20) describing the nature of the dispute and the relief sought. The parties shall then negotiate in good faith for at least sixty (60) days before commencing arbitration.

15.2 Agreement to Arbitrate

Except as set forth in Section 15.6, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the formation, interpretation, breach, or termination hereof, and whether sounding in contract, tort, statute, or otherwise, shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Healthcare Payor Provider Arbitration Rules or, if inapplicable, under the AAA's Consumer Arbitration Rules (as applicable and as then in effect), as modified by this Section. The arbitrator, not any court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction shall determine the enforceability of the class-action waiver in Section 15.4.

15.3 Arbitration Procedure

The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in Wilmington, Delaware, or in the county of your U.S. residence, at your election, or by video conference or document submission if both parties agree. The arbitrator shall apply Delaware substantive law (subject to Section 14.1) and shall issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own attorneys' fees except as otherwise provided by applicable law or the AAA rules. Yellowstone shall pay the arbitration filing and administrative fees to the extent required by AAA consumer arbitration standards.

15.4 Class-Action Waiver

YOU AND YELLOWSTONE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. Unless both you and Yellowstone agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class-action waiver is found to be unenforceable, then the entirety of Section 15 shall be null and void, but the remainder of these Terms shall remain in effect.

15.5 Jury Trial Waiver

TO THE EXTENT A DISPUTE PROCEEDS IN COURT NOTWITHSTANDING THIS SECTION 15, YOU AND YELLOWSTONE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

15.6 Exceptions

Notwithstanding the foregoing, the following matters are not subject to arbitration: (a) small-claims court actions, provided the action remains in small-claims court and is brought on an individual basis; (b) actions seeking injunctive or other equitable relief to prevent or restrain infringement or misuse of intellectual property; (c) any action to enforce a prior arbitration award; and (d) any claim that applicable law expressly prohibits from being arbitrated.

15.7 Right to Opt Out

You may opt out of this Section 15 by sending written notice of your decision to opt out to legal@yellowstonescreening.com, with "Arbitration Opt-Out" in the subject line, within thirty (30) days after the date on which you first accept these Terms (the "Opt-Out Window"). Your notice must include your full name, account email, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Yellowstone is bound by the arbitration provisions of this Section, but all other provisions of these Terms remain in full force and effect. Opting out will not affect your ability to use the Service.

15.8 Survival

This Section 15 shall survive termination of these Terms and/or your relationship with Yellowstone.

16. Termination

16.1 Termination by You

You may terminate your account at any time by sending a request to care@yellowstonescreening.com. Termination does not affect (a) any order that has already been issued and delivered to you; (b) Yellowstone's obligation to maintain your medical record under applicable law; or (c) any fees already paid.

16.2 Termination by Yellowstone

Yellowstone may suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to (a) suspected violation of these Terms; (b) suspected fraud or misrepresentation; (c) a clinical determination that continued provision of the Service is not appropriate; (d) a change in law or regulation that materially affects the Service; or (e) discontinuation of the Service.

16.3 Effect of Termination

Upon termination, your right to access the Service ceases, but (a) any provisions that by their nature should survive (including Sections 8, 9, 11, 12, 13, 14, 15, 16.3, 17, 18, 19, 20, and 21) shall survive; and (b) Yellowstone shall continue to retain and protect your PHI as required under HIPAA and applicable law.

17. Electronic Signatures and Communications

17.1 Consent to Electronic Records

You consent to receive records, notices, disclosures, and other communications from Yellowstone in electronic form, including by email, in-Service messages, or links to materials posted on the website. You may withdraw this consent by contacting care@yellowstonescreening.com, but doing so may prevent you from using the Service.

17.2 Electronic Signatures (E-SIGN)

Your electronic assent—whether by clicking "I Agree," checking a box, typing your name, or providing a drawn signature—constitutes a valid and binding electronic signature under the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN"), the Uniform Electronic Transactions Act, and other applicable electronic-signature laws. You agree that your electronic signature is the legal equivalent of a handwritten signature.

17.3 System Requirements

You represent that you have the hardware, software, and internet connection necessary to access and retain electronic records, including a device capable of displaying PDF files and an email account you regularly monitor.

18. Changes to These Terms

18.1 Right to Modify

Yellowstone may modify these Terms from time to time. If we make material changes, we will notify you by email to the address associated with your account, by in-Service notice, or by posting an updated version on the website with an updated "Last updated" date.

18.2 Effective Date of Changes

Material changes become effective no sooner than thirty (30) days after notice, except that changes required by law or regulation may take effect immediately. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service before the effective date.

18.3 Changes to Arbitration

Notwithstanding the foregoing, any material change to Section 15 (Dispute Resolution) shall apply only prospectively to disputes that arise after the effective date of the change, unless you expressly agree otherwise.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with the Privacy Policy, the Notice of Privacy Practices, the Informed Consent to Telehealth, and any other documents referenced herein, constitute the entire agreement between you and Yellowstone regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed, and the remaining provisions shall continue in full force and effect.

19.3 No Waiver

Yellowstone's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver is effective unless in writing and signed by an authorized representative of Yellowstone.

19.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without Yellowstone's prior written consent. Any attempted assignment in violation of this Section is void. Yellowstone may assign these Terms in connection with a merger, acquisition, reorganization, sale of substantially all of its assets, or by operation of law, provided that any assignment of PHI is performed in compliance with HIPAA and applicable state law.

19.5 Force Majeure

Yellowstone shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, public-health emergencies, war, terrorism, civil unrest, labor disputes, failures or disruptions of utilities or internet services, or governmental actions.

19.6 Relationship of the Parties

These Terms do not create any agency, partnership, joint-venture, employment, or fiduciary relationship between you and Yellowstone, other than the limited physician-patient relationship formed as described in Section 5.

19.7 Headings; Interpretation

Section headings are for convenience only and do not affect interpretation. "Including" and similar words mean "including without limitation."

19.8 Notices to You

Notices to you may be sent to the email address associated with your account and shall be deemed given when sent.

19.9 Third-Party Beneficiaries

Except as expressly stated, these Terms do not confer any rights on any third party.

19.10 Export and Sanctions

You represent that you are not located in, and are not a national or resident of, any country or region subject to U.S. government embargo, and that you are not on any U.S. government list of restricted or prohibited persons.

20. Contact Information

Aether, Inc. Attn: Legal / Privacy [Physical Mailing Address — Street, City, State, ZIP]

General and clinical inquiries: care@yellowstonescreening.com Legal notices: legal@yellowstonescreening.com Website: https://yellowstonescreening.com

For HIPAA privacy rights and complaints, see the Privacy Policy and Notice of Privacy Practices, or contact the Privacy Officer as described therein.

21. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT THE SERVICE IS LIMITED TO THE ISSUANCE OF AN LDCT SCREENING ORDER, THAT YELLOWSTONE DOES NOT INTERPRET IMAGING OR PROVIDE ONGOING CARE, AND THAT YOU ARE RESPONSIBLE FOR FOLLOWING UP WITH A QUALIFIED CLINICIAN FOR INTERPRETATION OF RESULTS AND ANY NECESSARY NEXT STEPS.

End of Terms of Service.