Last updated: May 2026
DRAFT — PENDING LEGAL REVIEW
These Terms of Service are a working draft prepared during Ex 360's pre-launch period and have not yet been reviewed by qualified legal counsel. Provisions may change before public launch. If you have questions, please contact us at legal@ex360.org.
NOT FOR MEDICAL EMERGENCIES
Ex 360 is not for medical emergencies. If you are experiencing a medical emergency, call 911 (or your local emergency number) or go to the nearest emergency room immediately. Do not rely on the Services for emergency care.
These Terms of Service (the “Terms”) form a binding legal agreement between you and Existential Inc., the operator of Ex 360 (“Ex 360,” “we,” “us,” or “our”). They govern your access to and use of our website at ex360.org, our forthcoming telehealth platform, mobile applications, and any related services (together, the “Services”).
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. Please read carefully — these Terms include important provisions, such as a mandatory individual arbitration agreement and class-action waiver (Section 17) that affects how disputes between us are resolved.
You may use the Services only if you are at least 18 years old and have the legal capacity to enter into these Terms. Once the Services launch, individuals between 13 and 17 may only access age-appropriate features with the active involvement and consent of a parent or legal guardian. The Services are not directed to children under 13, and we do not knowingly permit them to use the Services.
You also represent that you are not located in, ordinarily resident in, or a national of any country subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of restricted or prohibited persons.
Ex 360 is in a pre-launch phase. Today the Services consist of this website, an early-access waitlist, and the ability to contact our team. We are not currently providing medical consultations, prescriptions, in-home visits, or any other clinical care. Provisions of these Terms that refer to consultations, providers, fees, or healthcare delivery describe the Services we intend to offer once we launch and become effective at that time.
When the full Services launch, we will provide a technology platform that connects users with licensed, independent healthcare professionals (“Providers”) who deliver care through the platform. We may also offer related services such as appointment scheduling, secure messaging, prescription delivery coordination, and at-home visit logistics, in each case subject to applicable law.
Ex 360 is a technology platform, not a healthcare provider. We do not practice medicine, nursing, or any other licensed profession. We do not direct, interfere with, or otherwise influence the professional judgment of any Provider, and we are not responsible for the medical advice, diagnosis, treatment, or any other services that Providers furnish through the platform.
Information made available through the Services, including general health content, is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare professional with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read or seen on the Services.
The Services are not for emergencies. If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency room.
Providers are independent professionals or professional entities, not employees or agents of Ex 360. Each Provider is solely responsible for the care they deliver, including the appropriateness of any diagnosis, treatment plan, prescription, or referral. Providers must hold all licenses required to practice in the jurisdiction where the patient is located at the time of the consultation, and they are responsible for complying with the standards of care and laws applicable to their practice.
Ex 360 does not guarantee the availability of any particular Provider or the availability of care for any particular condition. Your relationship with a Provider is a separate, independent provider-patient relationship between you and that Provider. We are not a party to that relationship.
To use certain features of the Services, you will need to create an account. You agree to provide accurate, current, and complete information during registration and to update that information to keep it accurate. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us promptly at security@ex360.org if you suspect unauthorized access.
You may not share your account with anyone else, transfer your account to another person, or create more than one account for yourself.
By using the Services, you consent to receive healthcare services by means of telehealth (electronic information and communication technologies). Telehealth has potential benefits — including improved access to care — and potential limitations — including the inability to perform a hands-on physical examination during a virtual visit. Before any consultation, your Provider will explain how telehealth works, confirm your identity, and obtain any additional consents required by applicable law. You may withdraw your consent to telehealth at any time, except where prohibited by law, without affecting your right to future care.
You also agree that we may communicate with you electronically — by email, in-app notification, push notification, or text message — for purposes related to your account, your care, security alerts, and important changes to these Terms or the Services. Standard message and data rates may apply.
You agree not to:
The Services are free during the pre-launch waitlist period. Once the Services launch, we may charge fees for certain features, consultations, or memberships. Fees will be clearly disclosed at the point of purchase. By initiating a paid consultation or subscribing to a paid plan, you authorize us (or our payment processor) to charge your payment method for the applicable fees, plus any taxes.
Refund and cancellation terms will be presented at the time of purchase and will comply with applicable consumer-protection laws. We do not provide refunds for consultations that have already been completed, except as required by law. Your Provider may have their own refund or rescheduling policies that apply to specific services.
We use third-party payment processors. By providing payment information, you also agree to the terms of the applicable payment processor. We are not responsible for the acts or omissions of payment processors.
The Services, including all software, text, graphics, audio, video, designs, trademarks, logos, and the “Ex 360” name, are owned by Existential Inc. or our licensors and are protected by intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.
You retain ownership of any content you submit, post, or upload through the Services (“User Content”). You grant Ex 360 a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes such as formatting and transcoding), and display your User Content solely as necessary to operate, secure, and improve the Services. We will not use your health-related content for any purpose other than providing the Services and complying with law without your separate written authorization.
All rights not expressly granted to you are reserved by Ex 360 and our licensors.
Where clinically appropriate and permitted by law, consultations may be recorded or transcribed to maintain an accurate medical record and to support quality and safety. You will be informed in advance if a consultation will be recorded or transcribed. Recordings and transcripts are treated as part of your medical record and protected accordingly.
Our handling of your personal information is described in our Privacy Policy. By using the Services, you acknowledge that you have read the Privacy Policy.
The Services may include integrations with, or links to, third-party services we do not control. Your use of those services is governed by their own terms and privacy policies. We are not responsible for the content, accuracy, security, or practices of any third-party service.
You may stop using the Services at any time and delete your account by emailing privacy@ex360.org. We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe you have violated these Terms, if necessary to protect the safety or integrity of the Services, or if required by law. We will use reasonable efforts to give you advance notice where appropriate.
Termination does not affect any rights or obligations that accrued before termination. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law survive any termination.
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Ex 360 disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that any defects will be corrected.
We do not warrant the qualifications of any Provider beyond confirming, before on-boarding, that the Provider holds the licenses required to practice in the jurisdictions where they offer services.
To the maximum extent permitted by law, in no event will Ex 360, its affiliates, or their respective directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for lost profits, lost data, loss of goodwill, or business interruption, arising out of or relating to these Terms or the Services, whether based in contract, tort, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law, including liability for gross negligence, fraud, or willful misconduct.
You agree to defend, indemnify, and hold harmless Ex 360, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or any third-party right; or (d) any User Content you submit. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.
Please read this section carefully. It requires you and Ex 360 to resolve most disputes through individual, binding arbitration instead of in court, and it limits your ability to bring or participate in class actions.
Before starting any formal proceeding, you and Ex 360 agree to try to resolve any dispute informally for at least sixty (60) days. To begin, you must send a written notice of the dispute to legal@ex360.org describing the nature and basis of the claim and the relief sought. We will send a similar notice to the email address associated with your account if we have a dispute with you. If we cannot resolve the dispute within sixty days, either party may proceed to arbitration.
You and Ex 360 agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by binding individual arbitration, except for the Disputes carved out in Section 17.6.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is initiated, as modified by these Terms. The arbitration will be conducted by a single arbitrator. The seat of the arbitration will be Wilmington, Delaware. Hearings may be conducted by telephone, video, or in person at a location convenient to you. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
You and Ex 360 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, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If a court or arbitrator finds this class-action waiver unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) will be severed from the arbitration and brought in a court of competent jurisdiction; all other claims will proceed in arbitration.
The AAA's rules will govern the payment of filing, administrative, and arbitrator's fees. If the AAA's rules require you to pay a filing fee in an amount higher than you would pay to file the same claim in a court of competent jurisdiction, we will reimburse you the difference. Each party will bear its own attorneys' fees and other costs unless the arbitrator awards otherwise under applicable law.
You have the right to opt out of this arbitration agreement and the class-action waiver by sending us a written notice within thirty (30) days of first accepting these Terms. The notice must be sent to legal@ex360.org with the subject line “Arbitration Opt-Out” and include your name, the email address associated with your account, and a clear statement that you decline to be bound by Section 17. Opting out will not affect any other provision of these Terms. If you opt out, Section 18 (Governing law and venue) governs how Disputes are resolved.
The arbitration agreement does not apply to: (a) claims brought in small-claims court, if they qualify; (b) actions to enforce or protect intellectual-property rights; (c) requests for temporary or preliminary injunctive relief in aid of arbitration; or (d) claims that the Federal Arbitration Act or other applicable law prohibits from being arbitrated.
These Terms and any Dispute between you and Ex 360 are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. For Disputes not subject to arbitration, you and Ex 360 consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any objection based on inconvenient forum.
We may update these Terms from time to time. When we make material changes, we will post the updated Terms here, revise the “Last updated” date at the top, and notify you through the Services or by email at least thirty (30) days before the changes take effect, except where a shorter notice period is required by law or necessary to address a security or legal issue. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
Entire agreement. These Terms, together with the Privacy Policy and any other policies we incorporate by reference, constitute the entire agreement between you and Ex 360 regarding the Services, superseding any prior agreements on the same subject.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.
No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Ex 360.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment without that consent is void. We may assign these Terms, in whole or in part, without restriction.
Notices. We may give notices to you by posting on the Services, sending an email to the address associated with your account, or by other reasonable means. You must give notices to us at legal@ex360.org.
Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, internet or telecommunications outages, or pandemics.
Questions about these Terms? Get in touch:
Existential Inc.
Attn: Legal Team
Email: legal@ex360.org
Mailing address: pending