Terms and Conditions

1. Nature of the Services (No Medical Advice)

Oncera provides digital tools, educational content, and personalized insights related to cancer survivorship, lifestyle factors, and wellness.

Oncera does not provide medical advice, diagnosis, or treatment. The Services are for informational and educational purposes only and are not a substitute for professional medical care. Always seek the advice of a qualified healthcare provider with questions regarding medical conditions or treatment decisions.

No professional relationship. Use of the Services does not create a doctor-patient relationship or any other professional relationship between you and Oncera.

Not for emergencies. Do not use the Services for medical emergencies. If you believe you may have a medical emergency, call 911 (or your local emergency number) immediately.

2. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement.

3. Privacy

Your use of the Services is also governed by our Privacy Policy. Please review it to understand how we collect, use, and disclose information.

4. User Accounts

Some features may require you to create an account. You agree to:

• Provide accurate and complete information
• Keep your login credentials confidential
• Notify us promptly of any unauthorized use of your account

You are responsible for all activity that occurs under your account.

5. Acceptable Use

You agree not to:

• Use the Services for unlawful, harmful, or fraudulent purposes
• Interfere with or disrupt the Services or security features
• Attempt to gain unauthorized access to any systems or data
• Reverse engineer, decompile, or attempt to extract source code except as allowed by law
• Use automated means to access the Services (e.g., bots, scrapers) in a way that burdens or harms the Services
• Submit information that is false, misleading, defamatory, or infringes the rights of others

Oncera may suspend or terminate your access if we reasonably believe you have violated these Terms.

6. Intellectual Property

All content, features, and functionality of the Services, including text, graphics, logos, software, reports, and design elements, are owned by or licensed to Oncera and are protected by intellectual property laws.

You may not copy, modify, distribute, sell, license, or create derivative works from the Services without prior written permission from Oncera, except as expressly permitted by these Terms.

7. User Content

7.1 Ownership

You retain ownership of the information and content you submit to the Services (“User Content”).

7.2 License to Oncera

By submitting User Content, you grant Oncera a non-exclusive, royalty-free, worldwide license to use, store, reproduce, process, and analyze such User Content for:

• Providing and operating the Services
• Improving and developing features, including personalization and quality improvements
• Creating de-identified and aggregated insights (as described below)

7.3 De-Identified and Aggregated Data

Oncera may create and use de-identified and aggregated data derived from User Content to conduct analytics, research, and product improvement. Such de-identified and aggregated data will not reasonably identify you.

7.4 Your Responsibilities

You represent and warrant that you have the rights to provide User Content and that your User Content does not violate any law or third-party rights.

8. Purchases, Subscriptions, and Billing (If Applicable)

Certain Services may require payment. If you purchase a subscription or paid plan:

• You agree to pay all fees and applicable taxes
• Billing terms, renewal terms, and pricing will be shown at checkout or at the time you subscribe
• We may change pricing or plan terms with reasonable advance notice where required

Refunds. All purchases are final and non-refundable unless otherwise stated at the point of purchase or required by law.

9. Third-Party Services and Links

The Services may include links to third-party websites or tools. Oncera does not control and is not responsible for third-party content, services, availability, or privacy practices. Your use of third-party services is at your own risk and subject to their terms.

10. Feedback

If you submit ideas, suggestions, or feedback (“Feedback”), you agree that Oncera may use the Feedback without restriction or compensation to you.

11. Electronic Communications

By using the Services or contacting us, you agree that we may communicate with you electronically (e.g., by email, in-app notices, or posting notices on the Services). You agree that such communications satisfy any legal requirement that communications be in writing.

12. Copyright Complaints (DMCA)

If you believe content on the Services infringes your copyright, you may contact us with a notice including:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location
• Your contact information
• A statement that you have a good-faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

Send notices to: [email protected].

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONCERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Oncera does not warrant that:

• The Services will be uninterrupted or error-free
• Any outputs, insights, or content will be accurate, complete, or suitable for your needs
• Defects will be corrected

You assume all risk from your use of the Services.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONCERA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES.

IN NO EVENT WILL ONCERA’S TOTAL LIABILITY EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO ONCERA IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR
• ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE NOT PAID ONCERA

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Oncera and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any law or third-party rights

16. Termination

Oncera may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or if we discontinue the Services.

Upon termination, your right to use the Services will immediately cease.

17. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

18. Dispute Resolution and Arbitration (IMPORTANT)

Please read this section carefully. It affects your legal rights.

18.1 Informal Resolution First

Before initiating arbitration, you agree to contact us at [email protected] and provide:

• Your name
• A description of the dispute
• The relief you are requesting

We will attempt to resolve disputes informally within a reasonable time.

18.2 Binding Arbitration

If we cannot resolve the dispute informally, you and Oncera agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration, rather than in court, except as stated below.

The arbitration will be conducted by the American Arbitration Association (AAA) under its applicable rules, and will take place in Texas, unless you and Oncera agree otherwise.

18.3 Exceptions

Either party may bring a claim in small claims court if the claim qualifies. Either party may also seek injunctive relief in court to protect intellectual property rights or prevent unauthorized access or misuse.

18.4 Class Action Waiver

YOU AND ONCERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

18.5 Time Limit to Bring Claims

Any claim must be brought within one (1) year after the events giving rise to the claim, unless a longer period is required by law.

Some jurisdictions limit the enforceability of arbitration and class action waivers. If any part of this section is found unenforceable, the remainder will remain in effect to the fullest extent permitted by law.

19. Force Majeure

Oncera will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, acts of war, terrorism, labor disputes, power outages, internet or hosting failures, or governmental actions.

20. Assignment

You may not assign or transfer these Terms or your rights under these Terms without Oncera’s prior written consent. Oncera may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

21. Severability

If any provision of these Terms is held unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

22. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms you agree to when using certain features, constitute the entire agreement between you and Oncera regarding the Services and supersede any prior agreements or understandings.

23. Waiver

Failure by Oncera to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

24. Contact Information

If you have questions about these Terms, contact:

Oncera Health
Email: [email protected]