Terms of Use

Section 1

Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and CureMetrix, Inc. ("CureMetrix," "we," "our," or "us") governing your access to and use of our website at curemetrix.comand any related web pages, subdomains, or content (collectively, the "Site").

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Site.

If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and that the organization agrees to these Terms.

Section 2

About CureMetrix and Our Products

CureMetrix, Inc. is a medical technology company that develops and commercializes FDA-cleared Software as a Medical Device (SaMD). Our products include:

• cmAngio® — an AI-powered platform for quantitative breast arterial calcification (BAC) analysis on screening mammograms, FDA-cleared as a clinical decision-support tool for use by qualified healthcare professionals
• cmAssist® — AI-powered mammography decision support
• cmTriage® — AI-powered mammogram workflow triage tool
• cmDensity™ — automated breast density assessment

These products are intended for deployment within licensed healthcare provider and imaging facility environments and require separate agreements for access and use. These Terms govern your use of the public Site only, not our SaMD products.

Section 3

Eligibility and Permitted Use

You must be at least 18 years of age to use this Site. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

The Site is intended for informational and business purposes, including learning about CureMetrix's products and services, accessing research and publications, and contacting us. You may browse the Site without registering for an account.

Section 4

Acceptable Use Policy

You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You must not:

• Use the Site in any way that violates applicable local, national, or international laws or regulations
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or chain letters
• Impersonate or attempt to impersonate CureMetrix, a CureMetrix employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm CureMetrix or Site users
• Use any automated means (bots, scrapers, spiders, or similar tools) to access, monitor, or copy any content from the Site without our prior written consent
• Attempt to gain unauthorized access to any portion of the Site, its servers, or any systems or networks connected to the Site
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or harmful material to the Site
• Use the Site to collect or harvest personally identifiable information about other users
• Submit or transmit any Protected Health Information (PHI) through the Site's contact forms, email addresses, or any other channel on the Site
• Use the Site in any manner that could disable, overburden, damage, or impair it or interfere with any other party's use

CureMetrix reserves the right to terminate or suspend access for any user who violates this Acceptable Use Policy.

Section 5

Intellectual Property

The Site and all of its contents, including but not limited to text, graphics, images, logos, icons, data, software, and the selection and arrangement thereof (collectively, "Materials"), are the proprietary intellectual property of CureMetrix and/or its licensors and are protected by United States and international copyright, trademark, patent, and trade secret laws.

Except as expressly stated in these Terms, nothing herein grants you any intellectual property rights in or to the Site or the Materials. All rights not expressly granted are reserved by CureMetrix and its licensors.

You may not:

• Modify, adapt, translate, or create derivative works based upon the Site or its Materials
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software component of the Site
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Site or any Materials
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or the Materials without our express prior written permission

Section 6

License to Use the Site

Subject to your compliance with these Terms, CureMetrix grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and display the Materials solely for your own personal or internal business informational purposes.

This license does not include the right to: (a) use the Site or Materials for commercial purposes beyond evaluating CureMetrix's products; (b) make any derivative use of the Site or its Materials; (c) use any data mining, robots, or similar data gathering or extraction methods; or (d) download (other than page caching) any portion of the Site except as expressly permitted by CureMetrix in writing.

Any unauthorized use terminates the license granted by CureMetrix and may violate applicable law.

Section 7

Clinical and Regulatory Disclaimer

Product information, indications for use, warnings, precautions, and regulatory clearance status described on this Site pertain to the United States market unless otherwise specified. Regulatory status, indications, and approval conditions may differ significantly in other countries. Users outside the United States should refer to locally approved product labeling and instructions for use applicable to their jurisdiction.

Nothing on this Site constitutes a representation that any CureMetrix product is approved, cleared, or available for use in any particular jurisdiction outside of its stated regulatory clearance.

Section 8

No Medical Advice

CureMetrix's SaMD products are clinical decision-support tools designed to assist qualified healthcare professionals — they are not substitutes for professional medical judgment, diagnosis, or treatment. No content on this Site should be relied upon as a basis for any medical decision.

If you are a patient or caregiver with questions about your health, symptoms, or treatment, please consult a qualified healthcare professional.

Section 9

AI and Algorithmic Tools

CureMetrix develops FDA-cleared, AI-powered SaMD. In the interest of transparency regarding AI use:

• SaMD Products: cmAngio and other CureMetrix SaMD use AI algorithms trained on large datasets of mammography images. These algorithms have been validated and FDA-cleared. They are designed to support, not replace, the clinical judgment of a licensed, qualified healthcare professional. The algorithms produce outputs that must be reviewed and interpreted by a clinician in the full context of patient care.
• Continuous learning: CureMetrix may update its AI algorithms over time as part of ongoing development and post-market surveillance, subject to applicable FDA regulatory requirements for SaMD modifications.
• Site features: We may use AI-assisted tools on this Site for functions such as search, content recommendations, or customer support. These features are intended to improve your experience and do not make consequential decisions about you.
• No patient-facing AI: AI features on this public Site are not clinical tools and do not process health data or provide any clinical output.

Section 10

Third-Party Links and Content

The Site may contain links to third-party websites, resources, or services that are not owned, operated, or controlled by CureMetrix. CureMetrix does not review, endorse, or accept responsibility for the content, accuracy, products, or services available on or through any linked third-party sites.

By accessing a third-party link from our Site, you acknowledge and agree that:

• CureMetrix has no control over and assumes no responsibility for the content or practices of third-party sites
• The terms of use and privacy policies of those third-party sites, not these Terms, govern your use of and interaction with those sites
• You assume all risk arising from your use of any linked third-party website or resource

The inclusion of any link on our Site does not imply endorsement, sponsorship, or affiliation by CureMetrix.

Section 11

Trademarks

CureMetrix®, cmAngio®, cmAssist®, cmTriage®, cmDensity™, the CureMetrix logo, and all associated product names, trade dress, page headers, button icons, and custom graphics are trademarks or registered trademarks of CureMetrix, Inc. and/or its licensors in the United States and/or other countries.

These marks may not be used, in whole or in part, in connection with any product or service that is not CureMetrix's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits CureMetrix, without the prior written permission of CureMetrix.

All other trademarks, service marks, and logos used on this Site are the property of their respective owners.

Section 12

DMCA and Copyright Complaints

CureMetrix respects intellectual property rights and expects users to do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

If you believe that material on our Site infringes your copyright, please send a written notice to our designated DMCA agent that includes:

• Your physical or electronic signature
• Identification of the copyrighted work you claim has been infringed
• Identification of the material on our Site you claim is infringing, with sufficient detail to locate it
• Your contact information (address, telephone number, and email)
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Send DMCA notices to: legal@curemetrix.com or to our address in Section 20.

Section 13

Disclaimer of Warranties

Section 14

Limitation of Liability

Section 15

Indemnification

You agree to defend, indemnify, and hold harmless CureMetrix, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Site in a manner not authorized by these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including any intellectual property or privacy rights
• Any content you submit, post, or transmit through the Site

CureMetrix reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with CureMetrix's defense of such claims.

Section 16

Termination and Suspension

CureMetrix reserves the right, in its sole discretion and without prior notice, to suspend or terminate your access to all or any part of the Site at any time, for any reason, including if CureMetrix reasonably believes you have violated these Terms.

Upon termination, your right to use the Site will immediately cease. Sections that by their nature should survive termination — including Sections 5, 7, 8, 12, 13, 14, 15, and 17 — will survive any termination of these Terms.

Section 17

Governing Law and Dispute Resolution

Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are expressly excluded.

Jurisdiction and Venue

Any legal action, claim, or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in San Diego County, California. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection that such courts are an inconvenient forum.

Equitable Relief

Notwithstanding the foregoing, CureMetrix may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information, without the requirement of posting bond or other security.

Time Limitation on Claims

Any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred. This does not affect statutory limitation periods that cannot be waived under applicable law.

Section 18

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to in connection with specific CureMetrix products or services, constitute the entire agreement between you and CureMetrix regarding your use of the Site, and supersede all prior or contemporaneous communications and proposals, whether oral or written.

Severability

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

Waiver

CureMetrix's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any default shall not constitute a waiver of any subsequent default.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms without CureMetrix's prior written consent. CureMetrix may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets.

Notices

All notices or other communications to CureMetrix required or permitted under these Terms shall be in writing and deemed duly given when delivered by certified mail, postage prepaid, or by overnight carrier with delivery confirmation, to:

Section 19

Changes to These Terms

CureMetrix reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. In some cases, we may provide additional notice, such as a prominent banner on the Site.

Your continued use of the Site after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Site. We encourage you to review these Terms periodically.

Section 20

Contact Us

If you have questions about these Terms or need to contact CureMetrix for any reason related to your use of the Site, please reach us at: