Foxo Terms of Use (United States)

Last updated: October 2026

The Foxo application (Foxo) provides a secure clinical communication service. Use of Foxo is subject to these Terms of Use.

1. Legal Agreement

1.1 These Terms of Use form a legally binding contract between you and Foxo Technology Pty Ltd (ABN 88 625 517 428), a company incorporated in Australia ("us"/"we"), in relation to your use of Foxo in the United States. You accept these Terms of Use when you create an Account, when you access Foxo as a Guest User under clause 7.2, or when you otherwise use Foxo. Please read them carefully. If you do not wish to accept these Terms of Use, you must not open or use Foxo and, if you have installed it, you should uninstall it from your device.

1.2 You must be 18 years of age or over to accept these Terms of Use and to download, install, access or use Foxo, except as permitted under clause 7.8.

1.3 These Terms of Use replace our U.S. Terms & Conditions dated October 29, 2024 and the Additional Terms of Use for U.S. Users.

2. Definitions

2.1 Account means the account that you must set up to use Foxo as an Enterprise User, Invited User or Free User.

2.2 BAA means a business associate agreement between us and an Enterprise User's organisation under HIPAA.

2.3 Content means all material created, submitted, sent and stored by any user of Foxo. This includes all text, data, images and sound files and includes all messages sent and received using Foxo. It does not include content that we make available with the app.

2.4 Enterprise User means a user who accesses Foxo through an "Enterprise" subscription.

2.5 Foxo Platform means the Foxo application made available to you. The Foxo Platform excludes all Content.

2.6 Free User means a person who creates an Account to access the free version of Foxo with limited features, and is not a Guest User.

2.7 Guest User means a person who does not have an Account, and who accesses a version of Foxo with limited features through Patient Connect or Referrer Connect in accordance with clause 7. A Guest User is either a Patient Guest or a Referrer Guest.

2.8 HIPAA means the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended, including by the HITECH Act.

2.9 Integration means a third-party software application that provides data to, or receives data from, Foxo.

2.10 Invited User means an individual invited by an Enterprise User to access Foxo to provide healthcare services, administrative, information technology, or technical support services to that organisation in connection with its use of Foxo, and whose access is provisioned under that organisation's Enterprise subscription. An Invited User may or may not be a licensed health professional; their access under this capacity is governed by clause 5 regardless of their licensure status.

2.11 Organisation means the organisation of the Enterprise User that has enabled Patient Connect or Referrer Connect and with which a Guest User is communicating.

2.12 Patient Connect means the Foxo module that allows patients, and their authorised representatives, to communicate with an Organisation without an Account.

2.13 Patient Guest means a Guest User who accesses Foxo through Patient Connect, including a parent, guardian, caregiver or other personal representative acting for a patient.

2.14 PHI means protected health information as defined under HIPAA.

2.15 Referrer Connect means the Foxo module that allows health professionals, and staff acting under their direction, to refer patients to or communicate about patients with an Organisation without an Account.

2.16 Referrer Guest means a Guest User who accesses Foxo through Referrer Connect.

2.17 Submitted Content means all Content that you upload to Foxo (including through an Integration) or create using Foxo, such as messages.

3. About Foxo

3.1 We are the owner and authorised distributor of Foxo.

3.2 Foxo is available for download from the Microsoft Teams Store, Azure Store, Apple App Store, and Google Play Store to compatible devices, and Guest Users access Foxo through a secure web link, subject to these Terms of Use. Foxo may not be available on operating systems and through browsers which are not up-to-date.

3.3 You are responsible for all access to Foxo through your device.

3.4 To use Foxo, you will require internet connectivity and appropriate telecommunication links. We will not have any responsibility or liability for any data usage, connection or other costs you may incur.

3.5 You acknowledge that Foxo is a software provider and is not a healthcare provider. We do not provide medical advice. Foxo is not designed or intended to replace the relationship between health professionals and patients. You are responsible for all aspects of all professional and any other services provided by you.

4. Eligible Users

4.1 Foxo is designed to be used by health professionals licensed or registered in the United States, Australia or other jurisdictions. Anyone can create a Foxo account, however you will only have limited functionality until we verify that you are a health professional licensed or registered with the applicable licensing or registration body in your jurisdiction, or are employed by a health organisation supporting a licensed or registered health professional, team, or department.

4.2 Our determination as to whether a user is a licensed or registered health professional is in our sole discretion.

4.3 We reserve the right to delete the accounts of individuals we determine are not licensed or registered health professionals.

5. Enterprise Features

5.1 A version of Foxo with limited features is available to download and access at no cost. Free Users have restricted features.

5.2 Additional functionality and features are available through purchase of an "Enterprise" subscription to Foxo.

5.3 If your account is de-activated or deleted during a month for which you have already paid the subscription fee, you are not entitled to any refund.

5.4 Any subscription under an Enterprise arrangement is subject to these Terms of Use, including clause 11.1.

5.5 An Enterprise User may invite an Invited User to access Foxo for the purposes described in clause 2.10.

5.6 Invited Users must set up an Account and are bound by these Terms of Use, including clause 6, as a condition of access. Access granted to an Invited User forms part of, and is subject to, the inviting organisation's Enterprise subscription and enterprise agreement with us, irrespective of whether that individual separately holds, or is verified as holding, a licensed or registered health professional status under clause 4.

5.7 An Invited User must not access, use or disclose Content or Submitted Content beyond what is strictly necessary to perform their duty.

5.8 The inviting Enterprise User: (a) must ensure each Invited User is bound by confidentiality and privacy obligations at least as protective as these Terms and applicable law, including HIPAA where applicable; (b) remains fully responsible and liable for that person's acts and omissions on Foxo as if they were the organisation's own; and (c) must promptly revoke access and notify us if the person stops providing support services or breaches these Terms.

5.9 An Invited User's access automatically ends if the inviting organisation's Enterprise subscription or agreement is terminated, cancelled or suspended, if the organisation revokes access, or if we suspend or deactivate access under clause 11.1.

5.10 An individual's status as an Invited User is separate from, and does not depend on, their status (if any) as a licensed or registered health professional under clause 4. If an Invited User is also independently verified as a health professional, that verification does not expand their permitted use of Content beyond what is set out in clause 5.7, unless they separately hold an Enterprise User account in their own clinical capacity.

5.11 If an Enterprise User enables Patient Connect or Referrer Connect, its organisation:

(a) is responsible for deciding who to engage as Guest Users, and for verifying a Guest User's identity and authority before disclosing health information to them;

(b) must give Guest Users any notice, and obtain any consent or authorization, required by law, including any notice of privacy practices required under HIPAA;

(c) must monitor and respond to Guest User communications within timeframes appropriate to its services, and give Guest Users its own contact details for urgent matters;

(d) is responsible for Guest User Content as part of its records under applicable health records and privacy law, and for handling access, amendment, accounting and complaint requests from Guest Users;

(e) remains solely responsible for all clinical and other services it provides to Guest Users; and

(f) indemnifies us against any claim by a Guest User or any third party arising from the organisation's use of Patient Connect or Referrer Connect, the services it provides, or its breach of applicable law.

5.12 Where an Enterprise User's organisation is a covered entity or business associate under HIPAA, we will enter into a BAA with that organisation before it uses Foxo to create, receive, maintain or transmit PHI. The organisation must not use Foxo for PHI until a BAA is in place. If there is any inconsistency between these Terms of Use and a BAA in relation to PHI, the BAA prevails.

6. Your Use of Foxo

6.1 Unless you are a Guest User (see clause 7), you must sign up for an Account to use Foxo. To set up an Account, you must use your email address and select a password. You must then submit information about yourself, including your name, work email, position, the hospital/clinic or other health organisation at which you work, your National Provider Identifier (NPI) and state licence number (in the United States) or equivalent professional registration number in your jurisdiction (for licensed practitioners only), and a profile picture. You must ensure that the information you submit about your identity and about yourself is accurate.

6.2 You are responsible for your use of Foxo and your Account, including your password. You must keep your password secure and not allow anyone else to use your password to access Foxo through your Account. It is highly recommended to enable two-factor authentication from your profile settings.

6.3 We are not liable for any loss that results from any unauthorised use of your Account.

6.4 You must only use Foxo for clinical, healthcare and medical and scientific research-related communications and in accordance with all applicable laws.

6.5 When using Foxo:

(a) you are responsible for ensuring that each person you connect with (and receive messages from and send messages to) is the person you think they are (i.e. check for false identities);

(b) you are responsible for checking that the person or people to whom you send a message is/are correct and are the person or people you intend to send the message to;

(d) (if applicable) your use of Foxo must comply with your employer's policies and guidelines (including in relation to the content of messages);

(e) you should ensure that a patient's medical record is updated with any pertinent information communicated using Foxo; and

(f) except to update a patient's medical record, you must not attempt to transfer, take a copy of or use Content for a purpose other than arranging or providing clinical and healthcare services to patients, medical and scientific research, and for professional networking.

6.6 You must not:

(a) commercially exploit Foxo;

(b) rent, lease, sublicense, loan, provide, or otherwise make available (subject to clause 7, if you are an Enterprise User), Foxo in any form, in whole or in part to any person (except by recommending that they download and use it themselves);

(c) copy, reproduce or distribute Foxo in any manner or medium, in whole or in part, or decompile, disassemble, or reverse engineer Foxo;

(d) connect or combine Foxo with, or incorporate or merge Foxo in, any other programs or software (other than as expressly permitted by clause 9);

(e) remove, alter, or obscure any product identification, copyright, intellectual property, author attributions, legal notices or other labels of origin or source in Foxo;

(f) alter, modify, enhance or create a derivative work of Foxo;

(g) use Foxo in any unlawful or unauthorised manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;

(h) act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Foxo, any service or any operating system;

(i) infringe our intellectual property rights or those of any third party in relation to your use of Foxo, including through your submission of Submitted Content;

(j) use Foxo to transmit any material that is defamatory, offensive or otherwise objectionable or that breaches the confidence or privacy of any individual;

(k) use Foxo in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or

(l) attempt to collect or harvest any information or data from Foxo (other than as expressly permitted by these Terms of Use) or our systems or attempt to decipher any transmissions to or from the servers running Foxo.

6.7 You agree and warrant that:

(a) your use of Foxo, and your Submitted Content, will not infringe any rights of third parties, regardless of where they are located, including but not limited to intellectual property rights, moral rights and privacy rights;

(b) you will use Foxo in accordance with all applicable laws and regulations, including HIPAA where applicable, and will comply with all professional standards, regardless of where you and relevant patients are located;

(c) further to (a) and (b) above, you will ensure that any use or disclosure of patient information through Foxo is permitted by applicable law, and that you have obtained any patient consent or authorization that law requires; and

(d) if you cease to be a licensed or registered health professional, or cease to be employed by a health organisation supporting a licensed or registered health professional, you will delete your Foxo Account and cease using Foxo.

6.8 You must notify us immediately if you become aware of any possible breach in security.

6.9 You must not use Foxo in any manner which contravenes the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), or any other applicable law regarding the sending of commercial electronic messages, calls or text messages. You indemnify us for any loss suffered by us caused by your failure to comply with those laws.

7. Guest Users (Patient Connect and Referrer Connect)

7.1 About Guest access. An Enterprise User may enable Patient Connect or Referrer Connect to allow individuals without an Account to communicate with its Organisation through Foxo on a limited basis. Patient Connect is for Patient Guests. Referrer Connect is for Referrer Guests.

7.2 Acceptance. By requesting or entering a verification code, or otherwise accessing Foxo as a Guest User, you agree to these Terms of Use as they apply to you under clause 7.12. If you do not agree, do not use Patient Connect or Referrer Connect and contact the Organisation directly.

7.3 Who you are dealing with. We provide the technology only. Your healthcare, referral or other relationship is with the Organisation, not with us. We do not provide healthcare or medical advice, do not review your communications for clinical purposes, and are not responsible for whether, when or how the Organisation responds, or for any advice, treatment, decision or service the Organisation provides.

7.4 Not for emergencies. Patient Connect and Referrer Connect are not emergency or urgent services, and messages may not be read or answered promptly. If you have a medical emergency, or believe you may have a serious or life-threatening condition, call 911 or go to the nearest emergency room. For urgent matters, contact the Organisation by phone.

7.5 Your details. To access Foxo as a Guest User you must provide your first name, last name, email address or mobile number, and any other information the Organisation requests. You must ensure this information is accurate and that you are entitled to use the email address or mobile number you nominate. We are not responsible for any consequence of inaccurate or incomplete details.

7.6 Verification codes and sessions. We will send a single-use six-digit code to the email address or mobile number you nominate. Entering the code confirms you have access to that email address or mobile number; it does not verify your identity. Your session lasts up to 7 days, or a shorter period set by us or the Organisation, after which you must verify again. You must keep your code and device secure, not share your code with anyone, and end your session when using a shared device. You are responsible for activity in your Guest session. If you think someone else has accessed your session, tell the Organisation and us immediately.

7.7 Text messages. If you provide a mobile number, you consent to receive text messages from Foxo on behalf of the Organisation, limited to verification codes and notifications about your Patient Connect or Referrer Connect conversations. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. Consent to text messages is not a condition of receiving care, and you may use an email address instead. Text messages will not contain the content of your conversations. Our Privacy Policy is at foxo.com/usa-privacy.

7.8 Minors and personal representatives. Patient Connect must not be used by a person under 13; a parent or legal guardian must use it on their behalf. If you are 13 to 17, a parent, guardian or other personal representative must use Patient Connect for you or with you, unless the Organisation permits otherwise under its policies and applicable state law. If you use Patient Connect on behalf of another person, you warrant that you are legally authorised to act for them and to receive information about them.

7.9 How your information is shared. Information you provide or send as a Guest User, including messages, files and contact details, will be visible to the Organisation and its authorised users and may be transferred to the Organisation's systems, including through Integrations. Where the Organisation is subject to HIPAA, that information is PHI that we handle as the Organisation's business associate under a BAA, and the Organisation's notice of privacy practices applies. Otherwise, we handle Guest User information on behalf of the Organisation and in accordance with our Privacy Policy. Requests to access, amend or obtain an accounting of disclosures of health information about you should be made to the Organisation.

7.10 Retention. Content you submit as a Guest User forms part of the Organisation's records and is retained after your session ends in accordance with clauses 8.5, 8.6 and 10.4. Ending your session does not delete your Content.

7.11 Additional obligations for Referrer Guests. If you use Referrer Connect, you warrant that:

(a) you are a health professional, or are acting under the direction of one, and are authorised to make the referral or communication;

(b) your disclosure of patient information is permitted by HIPAA and other applicable law, and you have obtained any patient consent or authorization that law requires;

(d) you remain solely responsible for the clinical content of your referral, your clinical decisions and your own patient records; and

(e) you will confirm receipt of any urgent or time-critical referral directly with the Organisation.

We do not verify a Referrer Guest's professional licensure unless they hold a verified Account under clause 4.

7.12 Which terms apply. As a Guest User, clauses 1, 2, 3.2 to 3.5, 6.6, 6.8, 7, 8.1 to 8.6, 10, 12, 13, 14, 15, 17 and 18 to 22 apply to you. If you are a Referrer Guest, clauses 6.4, 6.5, 6.7(a), 6.7(b) and 6.9 also apply. No other clause applies to you unless you create an Account.

7.13 Acceptable use. You must only use Patient Connect or Referrer Connect to communicate with the Organisation about healthcare services, referrals or related administration. You must not:

(a) impersonate any person or misrepresent your authority;

(b) submit content that is unlawful, defamatory, abusive or threatening, or that infringes another person's rights or privacy;

(d) do anything described in clause 6.6.

7.14 Ending Guest access. We or the Organisation may suspend, restrict or end your Guest access, including if the Organisation disables Patient Connect or Referrer Connect, ends its relationship with you or with us, or if we reasonably believe you have breached these Terms of Use or your access poses a security or safety risk.

7.15 Your rights and our liability. Nothing in these Terms of Use limits any right you have under applicable law that cannot be waived or limited by contract, including state consumer protection and health privacy laws. Subject to that, and to the extent permitted by law, we are not liable for loss arising from:

(a) the acts or omissions of the Organisation, including any advice, treatment, delay or failure to respond;

(b) inaccurate information provided by you or the Organisation;

(d) Foxo being unavailable.

Clauses 10.3 and 19 apply to a Patient Guest only for loss arising from their fraud, wilful misconduct or breach of clause 7.13.

8. Content and Submitted Content

8.1 You are responsible for managing and retaining your Submitted Content and Content made available to you.

8.2 You retain ownership of your Submitted Content. You grant us a non-exclusive, worldwide, royalty-free, fully-paid, irrevocable, transferable licence to host, cache, store, display, record, copy and transmit your Submitted Content for the purposes of providing, operating, securing and supporting Foxo for you and for the users and organisations you communicate with (including through their Integrations), and retaining it in accordance with clauses 8.5 to 8.9. Where Submitted Content is PHI, we use and disclose it only as permitted by the applicable BAA.

8.3 Foxo is not a back-up service or a substitute for a clinical record system. Although we retain Content as described in clause 8.6, you must not rely on Foxo as the only record of any Content, and you should have procedures in place to record and back up Content in your own systems.

8.4 We may monitor, collect, use and store usage data, metadata and other de-identified aggregated data regarding your use of Foxo.

8.5 When your Account is de-activated or deleted, or your access to Foxo expires, your Submitted Content will be retained by us to continue to provide Foxo to other users you have communicated with using Foxo.

8.6 Data Retention. We retain Submitted Content and personal information in accordance with our Privacy Policy, any applicable BAA and applicable health records law. Our default minimum retention period for clinical communications and health-related Submitted Content is 10 years from the date of last activity, or until the subject of the record turns 25 (where the record relates to a minor), whichever is the later, or any longer period required by applicable federal or state law.

8.7 Post-Termination Data Access Window. Where your Enterprise subscription is cancelled or terminated (whether by you or by us), you have 60 days from the date of cancellation notice to request an export of your organisation's Submitted Content and data held within Foxo. To initiate a data export request, you must contact us at hello@foxo.com within this 60-day window.

8.8 Data Export. Upon receipt of a valid data export request under clause 8.7, we will use reasonable endeavours to provide your data in a structured, portable format (such as CSV, JSON, HL7 or FHIR, as applicable) within 30 days of the request being made. We reserve the right to charge a reasonable fee for data export services where the volume or complexity of the export requires significant resources.

8.9 Retention and Deletion Following Termination. At the end of the 60-day window in clause 8.7, or once you confirm receipt of an export under clause 8.8 (whichever is earlier), your organisation's access to its Submitted Content through Foxo will end. We will continue to retain that Submitted Content in secure, access-restricted storage for the remainder of the retention period in clause 8.6, or for longer where required by law or an active legal hold, and in accordance with any applicable BAA. At the end of that period we will de-identify or securely delete it, and will provide written confirmation of deletion on request.

8.10 Responsibility Following Termination. You are solely responsible for meeting your own health records retention obligations in respect of any data exported to you, and in respect of any data you did not request within the 60-day window in clause 8.7. During the retention period in clause 8.9, we will only provide access to retained Submitted Content where required by law or a BAA, or on your written request for which we may charge a reasonable fee.

9. Integrations

9.1 If you use any Integrations, you are responsible for ensuring that your use of those Integrations does not contravene any third party terms applicable to your use of the Integration or relevant systems. You indemnify Foxo for any claims against Foxo, or loss suffered by Foxo, if you contravene such third party terms.

9.2 Unless we agree to help you, you are responsible for installation of Integrations.

9.3 We may choose to help you configure, fix or maintain an Integration, however we are not obliged to do so.

9.4 We are not responsible or liable if an Integration, or a system from which it extracts information, is unavailable or defective (including if caused by an update to Foxo). If this happens, you can still manually enter the relevant information in Foxo.

9.5 Your use of Integrations may be subject to separate fees payable to Foxo. If any such fees apply, they will be agreed between you and Foxo in advance.

10. Privacy and HIPAA

10.1 Any personal information that we collect from you through your use of Foxo will be treated in accordance with our Privacy Policy, which you can locate at foxo.com/usa-privacy. We may update our Privacy Policy from time to time, and those changes become effective upon posting. It is your responsibility to review the Privacy Policy for any revisions.

10.2 By downloading, installing, accessing or using Foxo you consent to us collecting and handling any such personal information obtained from or about you in accordance with our Privacy Policy.

10.3 You must comply with all applicable privacy laws (including privacy laws applicable to you regardless of where you and relevant patients are located) when using Foxo and, in particular, when submitting Submitted Content. You indemnify us for any loss suffered by us caused by your failure to comply with applicable privacy laws when using Foxo and submitting Submitted Content.

10.4 When your Account is de-activated or deleted, or your access to Foxo expires, we may continue to retain your personal information to the extent required to provide continuity of service to other users you have communicated with using Foxo, and to fulfil our obligations under any applicable BAA and applicable health records and privacy law. Where your account forms part of an Enterprise subscription, or you are a Guest User, post-termination data handling is governed by clauses 8.6 to 8.10. For individual accounts, your personal information will be de-identified or deleted when it is no longer required for these purposes, and in accordance with clause 8.6 and applicable law.

10.5 Where we create, receive, maintain or transmit PHI on behalf of an organisation subject to HIPAA, we do so as that organisation's business associate under a BAA. Individuals' rights under HIPAA in relation to that PHI are exercised through the organisation, and the organisation's notice of privacy practices applies.

10.6 Health information that is not PHI, including consumer health data under applicable state law, is handled in accordance with our Privacy Policy, including any state-specific consumer health data notice it contains.

11. Suspending or Terminating Your Account

11.1 Your access to Foxo may be suspended temporarily or de-activated permanently:

(a) at any time, for any reason and without notice;

(b) if you are in breach of these Terms of Use; or

(c) if Foxo, in its sole discretion, considers that you are not a licensed or registered health professional or are not employed by a health organisation supporting a licensed or registered health professional.

11.2 If we suspend or de-activate your access to Foxo because you breached these Terms of Use, you must not attempt to use Foxo under any other name or user or on any other device.

11.3 You may deactivate or delete your Account by visiting your profile from within Foxo or contacting hello@foxo.com.

12. Availability and Functionality

12.1 Whilst we endeavour to ensure that Foxo is available 24/7, we make no guarantee as to its availability, and clause 18 applies.

12.2 Due to the nature of the internet, we make no warranty, representation or guarantee that your access to Foxo will be uninterrupted, timely or error-free. We may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, which may result in Foxo being unavailable.

12.3 You must ensure that you can meet your professional obligations if Foxo is unavailable. Foxo is a secure messaging platform and should not be used to exclusively store patient information which should be in a patient file, or to store information which should be in a research database or other research record. We are not liable if, for any reason, Foxo is unavailable at any time or for any period.

12.4 We use security measures designed to protect Foxo and the information sent through it, including encryption of transmissions. However, no system or internet transmission is completely secure, and we cannot guarantee that information sent using Foxo will never be accessed without authorisation.

12.5 Subject to any agreement made with us to the contrary:

(a) if the need arises, we may suspend access to Foxo, or stop offering it indefinitely, without prior notice, and without liability; and

(b) we may also suspend or discontinue components of Foxo functionality at any time, including the availability of any feature, database, or content, without prior notice, and without liability.

13. Changes to Foxo and These Terms of Use

13.1 We may change or update the functionality of Foxo at any time and without notice to you. To continue using Foxo, you may need to download and install the new version. By doing so you agree to be bound by these Terms of Use, as they exist at that time.

13.2 We reserve the right to amend these Terms of Use, from time to time. If we do so, we will notify you when you next access Foxo. If you do not accept the changes to these Terms of Use, you must stop using Foxo and uninstall it from your device. The most up-to-date version of these Terms of Use will be available through Foxo.

14. Links to Third Party Websites

14.1 Links to other websites within Foxo are provided for your convenience. We do not control these other websites and we cannot be responsible for the content or accuracy of the information or other material on these websites.

14.2 The provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. We are not liable for any loss arising from your access to such sites or content. If you choose to click on a link within Foxo and go to other unaffiliated sites, we are not responsible for the privacy practices of those sites.

15. Third-Party Services

15.1 To the extent any features, aspects, products, or services offered through Foxo are provided, in whole or in part, by third parties ("Third-Party Services" provided by "Third-Party Service Providers"), you may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

15.2 In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms of Use, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider's privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER'S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

16. Independence from Platforms

16.1 Foxo is independent of any platform on which it is located. Foxo is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google or Microsoft (each being an Operator).

16.2 You and we acknowledge that these Terms of Use are concluded between us only, and not between you and an Operator or any of its subsidiaries. We, and not the Operators, are solely responsible for Foxo and its content to the extent specified in these Terms of Use.

16.3 You acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use and may have third party rights to enforce these Terms of Use against you.

17. Intellectual Property and Feedback

17.1 All intellectual property rights relating to the Foxo Platform, including all related materials, logos, products and documentation and all modifications and enhancements of them, are owned or licensed by us or our related entities. You acquire no rights or licences in or to Foxo other than the limited right to use Foxo in accordance with these Terms of Use. We reserve all rights not expressly granted under these Terms of Use.

17.2 Subject to your compliance with these Terms of Use, we grant to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use Foxo on your device, solely for use by you in accordance with these Terms of Use.

17.3 You must not do anything with Foxo that is not expressly authorised by these Terms of Use.

17.4 We welcome feedback, comments and suggestions for improvements to Foxo (Feedback), which you may send to hello@foxo.com. If you submit Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable licence under any intellectual property rights you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. Feedback must not include PHI.

18. Disclaimers and Limitation of Liability

18.1 No medical advice. WE DO NOT PROVIDE MEDICAL ADVICE. FOXO IS NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH PROFESSIONALS AND PATIENTS, OR TO ADDRESS SERIOUS, EMERGENT OR LIFE-THREATENING MEDICAL CONDITIONS. IF YOU USE FOXO DURING OR IN RELATION TO SUCH A CONDITION, YOU DO SO AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON INFORMATION SENT OR RECEIVED THROUGH FOXO.

18.2 No warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOXO IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT FOXO WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS, OR THAT ANY CONTENT IS ACCURATE, TIMELY, COMPLETE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

18.3 Other users. YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND ANY OTHER PERSON YOU COMMUNICATE WITH THROUGH FOXO, INCLUDING PATIENTS, PROVIDERS, CLINICIANS, CAREGIVERS AND ORGANISATIONS. EXCEPT AS DESCRIBED IN CLAUSE 4, WE DO NOT SCREEN OR VERIFY USERS OR THEIR STATEMENTS, AND WE ARE NOT LIABLE FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDER, CLINICIAN, CAREGIVER OR ORGANISATION.

18.4 Data. WE ARE NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY CONTENT OR SETTINGS, EXCEPT TO THE EXTENT CAUSED BY OUR BREACH OF A BAA OR OUR FAILURE TO TAKE REASONABLE CARE.

18.5 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY PERSON INVOLVED IN CREATING, PRODUCING OR DELIVERING FOXO WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF OR INABILITY TO USE FOXO, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

18.6 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FOXO WILL NOT EXCEED THE GREATER OF US$100 OR THE FEES YOU PAID US FOR FOXO IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS CAP DOES NOT LIMIT ANY LIABILITY UNDER AN ENTERPRISE AGREEMENT OR BAA, WHICH IS GOVERNED BY THAT AGREEMENT.

18.7 State law. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN THOSE STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

18.8 Time limit. To the extent permitted by law, any claim arising from your use of Foxo must be brought within two years of the event giving rise to the claim.

18.9 California residents. If you are a California resident, you waive California Civil Code section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

19. Indemnity

19.1 To the extent permitted by law, you agree to indemnify, defend and hold harmless us, our related entities and the parties involved in providing Foxo from any liability, loss, claim, suit, damage and expense (including reasonable attorneys' fees) arising out of or in connection with your use of Foxo, your breach of these Terms of Use, or any negligent or wrongful conduct by you or by any other person accessing Foxo through your Account. This clause applies to Patient Guests only as set out in clause 7.15.

20. Disputes and Governing Law

20.1 Informal resolution. Before starting any legal proceeding in relation to these Terms of Use, you agree to give us written notice of your concerns at hello@foxo.com. We will use all reasonable endeavours to resolve the dispute as soon as reasonably possible.

20.2 Mediation. If the dispute is not resolved within 20 business days of us receiving your written notice, the parties may agree to refer the dispute to mediation, conducted by video conference unless agreed otherwise, in accordance with the Australian Disputes Centre's Guidelines for Commercial Mediation. Unless the mediator determines otherwise, the costs of mediation will be shared equally.

20.3 Governing law and jurisdiction. These Terms of Use are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and courts in Australia with jurisdiction to hear appeals from those courts.

20.4 Your local law. Nothing in this clause 20 deprives you of the protection of any law of your state of residence that cannot be excluded by agreement.

20.5 Injunctive relief. We may seek injunctive or other equitable relief in any court of competent jurisdiction to stop unauthorised use or abuse of Foxo or infringement of our intellectual property rights.

21. Survival

21.1 This agreement ends when your Account is de-activated or, if you are a Guest User, when your Guest access ends under clause 7.14. Indemnities and terms regarding liability, intellectual property rights and data retention survive the termination of this agreement, as do any other terms that expressly, or by their nature, survive termination of this agreement.

22. General

22.1 Entire agreement. These Terms of Use and our Privacy Policy, together with any enterprise agreement and BAA that apply to you, form the entire agreement between you and us regarding Foxo. If there is an inconsistency, the following order applies: a BAA (for PHI), then an enterprise agreement, then these Terms of Use.

22.2 Assignment. You may not assign or transfer these Terms of Use without our prior written consent. We may assign or transfer these Terms of Use without restriction.

22.3 Notices. If we need to contact you we will do so by email to the address you provide or by message through Foxo. Email notices are effective when sent. You must keep your email address current. You may give notice to us by email to hello@foxo.com, effective on receipt.

22.4 No waiver. Our failure to enforce any right or provision of these Terms of Use is not a waiver of that right or provision. A waiver is only effective if in writing and signed by our authorised representative.

22.5 Severability. If any provision of these Terms of Use is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force.

22.6 Contact. If you have any questions, complaints or claims in relation to Foxo, contact us at hello@foxo.com or Foxo Technology Pty Ltd, 1/10 Albert Avenue, Broadbeach QLD 4218, Australia.

22.7 This version of the Terms of Use is dated October 2026.