WiTT Terms & Conditions

Thank you for visiting The WiTT Group®, Inc. (“WiTT” or “We’re In This Together”) website, and for your interest in the content and online services accessible on our website (“‘www.wittforever.com” the “Site”).

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PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE.

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By visiting the Site or using any services that we offer through our Site, a mobile application or otherwise (“Services” including the “WiTT Platform” or “Platform”), you agree that you have read and agree to be bound as a party to these Terms and Conditions (“Terms of Service”, “Terms”, “Agreement”).

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Throughout the Site, the terms “we”, “us” and “our” refer to WiTT. WiTT offers the Site, including all information, tools, and services available from this Site to you (the, “User”, “you”, “your”, and “yours”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. These Terms of Service apply to all Users of the Site, including without limitation Users who are browsers, and customers. Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms, then you may not access the Site or use any Service. Any new features or tools which are added to the Site shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

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The WiTT Group, Inc. is a digital health/fintech start-up, with a strong social mission, that is focused on helping patients address the non-clinical financial and logistical challenges they face as they go through treatment.

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INTELLECTUAL PROPERTY: The parties acknowledge that this Agreement nor use of the Services transfers any right, title, or interest in any intellectual property right to the other party. WiTT maintains all rights, title, and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The limited rights granted to Customer to access and use the Product(s) under this Agreement do not convey any additional rights in the Product(s), or in or to any Intellectual Property Rights associated therewith. Subject only to the limited rights to access and use the Product(s) as expressly provided herein, all rights, title, and interest in and to the Product(s) and all hardware, software, and other components of or used to provide the Product(s), including all related Intellectual Property Rights, will remain with and belong exclusively to WiTT.

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TERMS AND CONDITIONS:

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1. THE SERVICES ARE PLATFORMS: We are not a broker, financial institution, creditor or charity: The Services are administrative platforms only. WiTT facilitates making monetary or non-monetary donations (“Donations”) by Users (“Donors”) to Users requesting donations to support their needs (“Recipients”). WiTT is not a broker, agent, financial institute, creditor or 501(c)(3) nonprofit corporation.

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All information and content provided by WiTT relating to the Services is for informational purposes only. WiTT does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice, and should not be construed as such. Before making any decisions regarding any Recipients, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax, or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.

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The Company is operating in a conduit capacity to pass along the entire amount of donated funds to the end Recipient. Donor’s Donations to the end Recipient is a gift and the result of Donor’s detached and disinterested generosity. Donor is not receiving anything in return for the gift. It is Donor’s sole responsibility to determine the tax consequences of any Donation(s).

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WiTT has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee a Recipient will obtain a certain amount of Donations or any Donations at all. We do not endorse any Recipient, User, Donor or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Recipient. When acting as a Donor, you must make the final determination as to the value and appropriateness of contributing to any User or Recipient.

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The Site is offered to help individuals raise financial and non-financial support. WiTT merely provides the technology to all Recipients to connect with Donors. By using the Services, you understand and agree that WiTT shall not be responsible for the use of  Donations by Recipients once disbursed, or the amount of funds raised for the User or Recipient.

2. RECIPIENT: WiTT's Payment Processors require us to collect, verify, and share with them personal information about you in order to comply with federal laws designed to prevent the illicit use of financial products. You, as a Recipient, represent, warrant, and covenant that: (i) all information you provide is accurate, complete, and not likely to deceive reasonable Donors; (ii) all Donations contributed will be used by you solely as described in the materials that you post or otherwise provide using the WiTT Services; (iii) if you add an additional User to manage your account (Admin) through the Services, you relinquish control of the Donations, including the ability to issue refunds; (iv) you will not infringe the rights of others including the Intellectual Property Rights defined above; (v) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your Recipient; (vi) you will not provide or offer to provide goods or services in exchange for Donations, (vii) if soliciting financial donations, you have a United States Social Security Number and bank account domiciled in the United States, and (viii) you are at least 18 years of age. Through use of the Services, you authorize WiTT to provide information related to your Donations to Donors, law enforcement to assist in any investigation, or where required by applicable law or regulatory body with authority over WiTT, the Services, or you.
3. YOUR REGISTRATION OBLIGATIONS: You may be required to register with WiTT in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services registration form. Users must register using their true identity, including their name, address, and any image to depict the Recipient. You agree to keep registration information current and up to date.

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You authorize and agree that WiTT may collect, use, and share any information that you provide to WiTT, including registration data, as set forth in these Terms of Service, and our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Services, with or without registering. Certain aspects of our Services may also require you to register with, and agree to the terms of third-party service providers (“Payment Processors”), with whom WiTT has entered into contracts, in order to be able to benefit from their services. If WiTT or one of our Payment Processors at any time discovers that the information you provided about you or the purpose of your fundraising is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be suspended and/or terminated with immediate effect and fines may be applied by relevant authorities, which will in all such cases be payable by User. You acknowledge and agree that the use of Payment Processors are integral to the Services. When you provide information to WiTT, or authorize WiTT to collect information, you provide all necessary consents sufficient to enable WiTT to lawfully collect, use, retain, and disclose the information in the ways this Agreement and the WiTT Privacy Policy describe, including to Payment Processors for their use, to the extent permitted by law, to: (a) secure, provide access to and update Payment Processor services; (b) fulfill the Payment Processor’s obligations under law, and comply with any requirements and requests of regulatory authority or financial partners; and (c) prevent and mitigate fraud, financial loss and other harm. 

4. DONORS: All Donations are made at your, as Donor’s, own risk. When you make a Donation through the Platform, it is Donor’s responsibility to understand how Donor’s money will be used. WiTT is not responsible for any offers, promises, rewards, or promotions made or offered by Users or Recipients; such conduct violates these Terms of Services. We do not, and cannot, verify the information that Users or Recipients supply, nor do we represent or guarantee that the Donations will be used by the User or Recipient in accordance with any fundraising purpose prescribed by a User or Recipient or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and misuse of funds raised to us very seriously. You acknowledge that you take full responsibility for the Donations you make and acknowledge and agree to release WiTT, Sutton Bank, Highnote, and any Payment Processor from any liability or responsibility associated with your donation, including loss of the full amount donated. WiTT, Sutton Bank, Highnote, and any Payment Processor will not be responsible or liable, directly or indirectly, for any losses or damages caused or alleged to be caused in connection with your response or Donation to any solicitation or representation made by a User or Recipient contained on any WiTT site or application.

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WiTT makes no representation as to whether all or any portion of your Donations, including, if any, transaction fees, are tax-deductible or eligible for tax credits. WiTT will have no liability for any claim by any federal, state, provincial, territorial, local, or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User, or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax-deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction.

5. GENERAL CONDITIONS: We reserve the right to refuse service to anyone for any reason at any time. You understand that the information you provide to WiTT(not including credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
6. MARKETING COMMUNICATIONS: By providing your contact information, you expressly consent to receive marketing communications from The WiTT Group, Inc. (“WiTT”) and, where permitted, our affiliates and service providers acting on our behalf. These communications may include emails, SMS/text messages, and telephone calls (including autodialed and prerecorded/artificial-voice calls) that may be sent using automated technology to any email addresses or telephone numbers you provide now or in the future (including mobile numbers). Message and data rates may apply; message frequency may vary. Carrier performance is not guaranteed, and carriers are not liable for delayed or undelivered messages.

You may opt out of SMS at any time by replying STOP and obtain help by replying HELP. You may opt out of email marketing by using the Unsubscribe link in any marketing email. For calls, you may request to be added to our internal do-not-call list during any call or by following the instructions we provide. Your consent to receive marketing communications is not a condition of using the Services. We will not include Protected Health Information (PHI) in any marketing messages.

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You represent that you are the subscriber or usual user of any telephone number you provide and that you will promptly notify us if a number is reassigned or otherwise changes. We may still send you non-marketing, transactional, or service-related messages about the Services (e.g., security, account, or policy updates); your choices for those communications are described in the Service or our Privacy Notice.

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7. EXTERNAL FUNDING SOURCES: WiTT provides tools to help third-party organizations track and report on external funding sources used to support user needs. External funding sources may include grants, foundations, government programs, or other third-party assistance programs (collectively, "External Funding Sources"). WiTT facilitates the tracking and reporting of assistance provided through External Funding Sources but does not process, approve, hold, or distribute funds from External Funding Sources. All funding decisions, approvals, and distributions remain the sole responsibility of the third-party organizations and the applicable External Funding Source.
8. EXTERNAL FUNDING ALLOCATION TRACKING: Third-party organizations may use WiTT's platform to "claim" registry items for tracking purposes when assistance is provided through External Funding Sources. When a registry item is claimed for external funding tracking, additional data may be collected by us or the third-party organization as required by the External Funding Source for reporting purposes. Data is used for tracking and reporting only - no payment processing occurs through the WiTT platform.
9. REPORTING TO EXTERNAL FUNDING SOURCES: Third-party organizations may generate reports through the WiTT platform containing aggregated and individual user data for submission to External Funding Sources. By using the external funding tracking features, you acknowledge and consent to the collection and reporting of data as required by applicable External Funding Sources. WiTT is not responsible for the use or accuracy of data entered by these third-party organizations or for compliance with External Funding Source or other reporting requirements.
10. AUTHORIZED CUSTOMER ORGANIZATIONS ACTIONS: Third-party organizations and their authorized staff may be granted additional permissions within the WiTT platform, including but not limited to: (i) creating user accounts on behalf of users ("Proxy Accounts"); (ii) adding, editing, or managing registry items on behalf of users; (iii) claiming registry items for external funding tracking; (iv) accessing user demographic and social determinants of health data; and (v) generating reports containing user information. The third-party organizations, and not WiTT, are responsible to obtain all necessary consents and authorizations to perform these actions on behalf of you and users.
11. PROXY ACCOUNT CREATION: Third-party organizations may create accounts on behalf of users who have not yet registered for the Services. Proxy Accounts are created to facilitate tracking of assistance provided and may be converted to active user accounts upon user activation. When creating Proxy Accounts, the third-party organizations must use accurate user information and must invite users to activate their accounts. users retain the right to access, modify, or delete their accounts upon activation.
12. DUPLICATE ACCOUNT MANAGEMENT: In cases where multiple accounts exist for the same individual (such as when both a Proxy Account and a user-created account exist), WiTT reserves the right to merge accounts to maintain data integrity. Before merging accounts, we will attempt to notify the user and provide an opportunity to review the consolidation. Merged account data may combine registry items, funding history, and profile information from all associated accounts.
13. DATA CONSOLIDATION PROCEDURES: When accounts are merged, we will: (i) preserve all registry items and funding history; (ii) consolidate demographic and profile information, with user-entered information taking precedence over proxy-entered information where conflicts exist; (iii) maintain an audit trail of the consolidation for record-keeping purposes; and (iv) notify the user of the successful account merger.
14. USER CONSENT FOR PROVIDER ACTIONS: By using the Site or by having an account created on your behalf, you consent to actions described in this section. users may restrict or revoke these permissions by contacting WiTT directly. 
15. SMS NOTIFICATION SERVICE: WiTT offers optional SMS text messaging notifications to enhance user engagement and provide convenient access to platform updates and account information. SMS notifications are entirely optional and are only available to users who explicitly opt-in to receive them. Your cellular or mobile telephone provider will charge you for the SMS services according to the type of plan you carry.
16. SMS OPT-IN CONSENT REQUIREMENTS: By opting in to receive SMS notifications from WiTT, you provide your express written consent to receive automated marketing and transactional text messages from The WiTT Group, Inc. at the mobile phone number you provide. Your consent includes the following acknowledgments:
    
    1. MESSAGE TYPES: You will receive SMS notifications including but not limited to: welcome messages, account updates, donation confirmations, registry item notifications, Care Circle Member (CCM) invitations, funding alerts, and re-engagement reminders.
    2. MESSAGE FREQUENCY: Message frequency varies based on your account activity and settings.
    3. AUTOMATED TECHNOLOGY: Messages will be sent using automated technology and may include pre-written content.
    4. CHARGES: Standard message and data rates may apply. WiTT does not charge fees for SMS services, but your mobile carrier's messaging rates will apply according to your cellular plan.
    5. CARRIER REQUIREMENTS: SMS services are available on participating carrier networks. Message delivery is subject to carrier network availability and performance.
17. SMS OPT-OUT PROCEDURES: You may opt out of SMS notifications at any time using any of the following methods:
    
    1. REPLY "STOP" to any SMS message from WiTT to immediately unsubscribe from all SMS communications
    2. REPLY ALTERNATIVE OPT-OUT WORDS such as "CANCEL," "QUIT," "UNSUBSCRIBE," "END," or "REMOVE"
    3. CONTACT SUPPORT by emailing support@wittforever.com with your opt-out request
    4. MANAGE PREFERENCES through your account settings on the WiTT platform

Upon opting out, you will receive a confirmation message and will not receive any further SMS communications from WiTT. Opt-out requests are processed immediately or as required by law. We reserve the right to change the opt-out methods from time to time.

18. SMS HELP INFORMATION: For SMS support, reply "HELP" to any message or contact our support team at support@wittforever.com.
19. COMPLIANCE WITH TELECOMMUNICATIONS LAWS: 
    
    1. TCPA COMPLIANCE: Our SMS services comply with the Telephone Consumer Protection Act (TCPA) and related regulations. We obtain proper consent, maintain opt-out capabilities, respect messaging time restrictions (no messages before 8 AM or after 9 PM in your local time zone), and maintain required records.
    2. 10DLC REGISTRATION: All SMS communications are sent through properly registered 10-digit long code (10DLC) numbers via The Campaign Registry (TCR) in compliance with carrier requirements and federal regulations.
    3. STATE LAW COMPLIANCE: Our SMS practices comply with applicable state laws governing text message marketing and consumer communications.
20. SMS DATA COLLECTION AND USE: When you opt-in to SMS notifications, we collect and use certain information necessary to provide the SMS services, including the following:
    
    1. MOBILE PHONE NUMBER for message delivery
    2. CONSENT TIMESTAMP AND METHOD for compliance records
    3. OPT-OUT HISTORY to honor your preferences
    4. MESSAGE DELIVERY STATUS for system reliability
    5. CARRIER INFORMATION for compatibility and delivery optimization

This information is used solely for SMS service delivery and compliance purposes and is governed by our Privacy Policy.

21. SMS SERVICE LIMITATIONS
    
    1. GEOGRAPHIC RESTRICTIONS: SMS services are currently available only to users with U.S. mobile phone numbers on participating carrier networks.
    2. SERVICE AVAILABILITY: SMS delivery depends on carrier network performance, device compatibility, and network coverage. WiTT is not responsible for message delivery failures due to carrier issues, network problems, or device limitations.
    3. CONTENT RESTRICTIONS: SMS messages will not contain promotional offers for third-party products, spam content, or materials that violate carrier content policies.
22. PROCESSING TRANSACTIONS; DISPUTES, REFUNDS, REVERSALS: WiTT is not a payment processor and does not hold any funds.

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WiTT uses Highnote to hold funds for Recipients at Sutton Bank, Member FDIC.  Highnote’s Privacy Policy explains how and for what purposes Highnote uses, retains, discloses, and safeguards the information you provide to WiTT and is available at https://highnote.com/agreements/privacy. You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.

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WiTT also uses Stripe, Inc to process payments on our Site and hold funds for Recipients. Stripe’s Privacy Policy explains how and for what purposes Stripe uses, retains, discloses, and safeguards the information you provide to Witt and is available at https://stripe.com/privacy.  You will need to access such funds directly through Stripe.

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WiTT, Sutton Bank, Highnote, nor any Payment Processor is not responsible for, or liable to, you for authorized and completed charges that are later the subject of a dispute, refund, or reversal, are submitted without authorization or in error, or violate any laws. In the event that your access to the Service is terminated, you will not have access to funds held at the Payment Processor through the Service. 

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The User is immediately responsible to us for all disputes, refunds, reversals, returns, or fines regardless of the reason or timing. We may decline to act upon a refund instruction, or delay execution of the instruction, if: (i) it would cause your account balance to become negative; (ii) you are the subject of bankruptcy proceedings; or (iii) where we otherwise believe that there is a risk that you will not meet your liabilities under this Agreement (including with respect to the Charge that is the subject of the Refund instruction).

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To dispute a transaction initiated by WiTT, an email should be sent to support@wittforever.com including your full name used to conduct the transaction, the date of the transaction, the description as it appears on your statement, the dollar amount, and a phone number where we can contact you.

23. TRANSACTION FEES AND LIMITS: Although there are no fees to the Recipient for funds collected, please keep in mind that fees are outlined in the cardholder agreement for activity when using your card and account. Recipients authorize electronic debits to their account (and, if necessary, electronic credits to correct erroneous debits).

We may, at our discretion, impose limits on the amount and/or the number of transactions you can send and receive. These sending limits apply for all transactions combined in your account. Transaction limits may change from time to time in our sole discretion and without notice to you. We may further restrict the use of your account if the activity through your account reaches certain thresholds, involves certain activities or violates any terms between you and us. In addition, if your activity meets certain transaction thresholds, we may require you to provide additional information and documentation to us from time to time for tax reporting or other reasons (for example, to verify your account activities or resolve claims or disputes), and we may suspend or place limits on your account until we receive the requested information and documentation.

24. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION: We are not

responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

25. MODIFICATIONS TO THE SERVICE: We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
26. OPTIONAL TOOLS: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
27. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS: If, at our request, you send

certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or

(3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

28. PERSONAL INFORMATION AND PROTECTED HEALTH INFORMATION (PHI): You hereby acknowledge and understand that any information you provide through the Site is disclosed solely to WiTT, its Customers, and WiTT’s business partners. WiTT does not transmit or provide any of your information, including but not limited to PHI, to third-party vendors or other parties who are not business partners of WiTT, and shall not be responsible or liable for any actions, omissions, or consequences arising from your disclosure of information, including PHI, through the Site and/or to us. Notwithstanding, you understand that WiTT might share aggregated data with their partners and any third-parties in furtherance of enhancing functionality or identifying opportunities to improve its, or their, Services. Additionally, in the case that the External Funding features are not in use, you acknowledge that we are not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), nor are we a “Business Associate” to any Covered Entity, and as such, any information you submit through the Site, whether or not PHI within the meaning of HIPAA, is not governed by or subject to HIPAA regulations. Instead, your submission of information through the Site is governed only by our Privacy Policy. For more detail, please review our https://app.wittforever.com/privacy-policy.
29. PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Site, other websites, or the Internet.; or (l) to misrepresent eligibility for external funding sources or to submit false information regarding services provided or funding received. We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited uses.
30. ACTIVITY LOGGING: You understand and agree that all actions taken by third-party organization users on behalf of users are logged with the following information: (i) the specific action taken; (ii) the name and role of the user performing the action; (iii) the healthcare organization associated with the user; (iv) the date and time of the action; and (v) any data modified. This audit trail is maintained for accountability and may be accessed by users upon request.
31. DATA INTEGRITY PROTECTIONS: You understand and agree that when registry items are claimed for external funding tracking, users are restricted from editing certain data fields to ensure reporting accuracy. Users will be notified when items have been claimed and which fields are protected from editing. Users may contact their third-party organization or WiTT support if they believe claimed item data is inaccurate.
32. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, 

represent or warrant that your use of our Service or the Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service or the Site will be accurate or reliable. You agree that from time to time we may remove the Service or the Site for indefinite periods of time or cancel the Service or the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service or the Site is at your sole risk. The Service, the Site and all products and services delivered to you through the Service are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall WiTT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, the Site, or any products procured using the Service, the Site, or for any other claim related in any way to your use of the Service, the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, the Site or any content (or product) posted, transmitted, or otherwise made available via the Service or the Site even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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WiTT makes no representations or warranties regarding: (i) user eligibility for External Funding Sources; (ii) availability of funding from External Funding Sources; (iii) accuracy of funding criteria or requirements; (iv) approval or denial of funding requests; or (v) compliance with External Funding Source reporting requirements. Third-party organizations are solely responsible for determining user eligibility, securing funding approvals, and meeting all External Funding Source requirements.

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WiTT makes no warranties regarding SMS message delivery, timing, or carrier network performance. Message delivery depends on carrier networks, device compatibility, and network coverage outside our control. We are not liable for missed messages, delayed delivery, or delivery failures due to carrier issues, network problems, device limitations, or user account suspension by carriers. 

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If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of WiTT, its sponsors, licensors, and service providers, and its and their respective shareholders, directors, officers, employees and agents, under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00). Some jurisdictions do not allow the exclusion of liability for certain types of damages. Accordingly, some of these limitations of liability may not apply to you. Nothing in these terms and conditions shall limit or exclude liability for losses or damages which may not be lawfully excluded or limited by applicable law.

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33. INDEMNIFICATION You agree to indemnify, defend and hold harmless WiTT, Sutton bank, Highnote, and any Payment Processor, including their respective parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
34. SEVERABILITY If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
35. TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services, the Site, or any part thereof.
36. DISPUTE RESOLUTION: ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION and SECTION 7, BY USING WiTT, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

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CLASS ACTION WAIVER

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YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OR PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAR IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAITING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

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Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.

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ARBITRATION

Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org.

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A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”) to support@wittforever.com. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitration makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay you the higher of: (i) the amount awarded by the arbitrator; or (ii)

$500.00.

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Any arbitration hearing will take place at an agreed upon location in San Francisco, California. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us, if any, that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award if any, are based The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from eight party made within 14 days of the arbitrator’s ruling on the merits. 

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No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we 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.

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Modifications to the Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

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Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.

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Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

37. DATA USE
    
    1. AUTHORIZED USER DATA. When you register for the WiTT Platform, you provide certain personal data to WiTT, including name and email address. This data is provided and will be processed in accordance with WiTT’s Terms & Conditions and Privacy Policy.
       
       1. REGISTRATION DATA. When you register for the WiTT Platform to create a registry, you provide certain personal data to us, including, but not limited to, name, age, sex, ethnicity, disease type, stage, registry items, and other data collected on the WiTT Platform (“Data”). This Data is provided and will be processed in accordance with these Terms of Service and the WiTT Privacy Policy. WiTT is not responsible for your content sent, transmitted or uploaded or displayed by you. You have access to certain features to control whether your registry may be publicly accessible or restricted to others on the WiTT Platform. We agree not to use Data for purposes of Marketing or Spamming. However, we reserve the right to use Data to identify potential fraud, to improve the Services, and to ensure the efficacy of the WiTT Platform, which may include update and/or upgrade notifications and any other activities that impact overall availability and performance of the WiTT Platform. We also reserve the right to use aggregated Data for research and publication purposes, and to share information with our partners and customers to enhance and improve the impact of the WiTT Platform.

ii. USER DATA. When you enroll with WiTT’s customer, you permit us to disclose user registration and registry item data in a non-anonymized form for support, reporting, and informed program purposes.

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iii. ANONYMIZED DATA. You permit us to use and disclose all data and other information provided by you, and all data derived from such information for any legal business purpose provided that we aggregate, de‐personalize, and anonymize the data information and make no direct reference to you and provided we comply with all applicable laws and regulations. We do not have the right to use any identifying data for such purposes without your express consent.

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iv. EXTERNAL FUNDING DATA. When third-party organizations use external funding tracking features, we may collect additional data elements required for reporting to External Funding Sources, including but not limited to service dates, quantities (such as nights of lodging or transportation trips), costs, and demographic information. This data is used to generate reports for External Funding Sources and may be shared in both aggregated and individual form as required by funding organizations reporting requirements. You agree to such use.

B.   SECURITY MEASURES

i. OUR RESPONSIBILITY. We will implement and maintain appropriate administrative, technical, and organizational security measures designed to protect the security and integrity of all Data that is collected, accessed, stored or received by us in connection with your use of the WiTT Platform to prevent unauthorized disclosure, alteration, or misuse of such Data.

ii. YOUR RESPONSIBILITIES. You will adopt and maintain such security precautions for User IDs to prevent their disclosure to and use by anyone else and will promptly notify us if the security or integrity of your ID or password has been compromised.

38. ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service or the Site constitutes the entire agreement and understanding between you and us and govern your use of the Service and the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
39. GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the State of California.
40. CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this Site. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. 

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Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

1. CONTACT INFORMATION Questions about the Terms of Service should be sent to us at support@wittfoever.com.

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