September 25th, 2025

Welcome to Aventusoft, LLC (“Aventusoft,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of the Aventusoft website(s), mobile application(s), HEMOTAG® medical device(s), and related services (collectively, the “Services”), whether accessed via our domains, third-party integrations, hospital systems, or other authorized channels.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately discontinue use of the Services.

Definitions

• “Device” means the HEMOTAG® or any other Aventusoft medical device.
• “App” means the HEMOTAG mobile application.
• “Healthcare Provider” means a licensed medical professional or facility providing your care.
• “User,” “you,” or “your” means any individual or entity using the Services.
• “Website” means https://aventusoft.com, https://HEMOTAG.com, and any other domains controlled by Aventusoft.

Eligibility

You must be at least eighteen (18) years old, or have the consent of a parent or legal guardian, to use the Services. The Device and App may only be used by patients under the direction of a qualified healthcare provider. You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and professional guidelines.

By using the Services, you represent and warrant that you are in full compliance with all applicable laws, regulations, and professional standards. Aventusoft may suspend, restrict, or terminate your access at its sole discretion if it suspects non-compliance.

Medical Disclaimer

Aventusoft does not provide medical advice. The Services, including the Device, App, and any data or reports generated, are provided solely for informational and monitoring purposes and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified healthcare provider with any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information obtained through the Services. Aventusoft makes no representations, warranties, or guarantees regarding specific medical outcomes.

If you believe you are experiencing a medical emergency, call 911 or your local emergency number immediately.

Acceptable Use

You agree to use the Services only for lawful purposes. You must not:

• Damage, disable, or impair the Services.
• Access, attempt to access, or use the Services in an unauthorized manner.
• Reverse engineer, decompile, disassemble, or tamper with the Device, App, or software.
• Introduce malicious code, scrape data, mine data, or train AI models on our data without prior written consent.
• Use the Services for fraudulent, harmful, or abusive purposes.
• Use the Services in violation of applicable laws, including export controls and sanctions laws.
• You further agree not to (i) conduct benchmarking, performance testing, or competitive analysis without Aventusoft’s prior written consent; (ii) resell, sublicense, or redistribute the Services; (iii) use bots, scrapers, or automated queries that burden our systems; or (iv) use the Services to develop, train, or improve any competing product or service.

User Accounts

Certain features of the Services may require the creation of a user account. When creating an account, you agree to provide accurate, current, and complete information and to update it as necessary. You are responsible for safeguarding your login credentials and for all activities conducted under your account. Aventusoft shall not be liable for any unauthorized access to your account resulting from your failure to maintain the confidentiality of your credentials. You must notify us immediately if you suspect unauthorized access to your account or a breach of security. We reserve the right to suspend or terminate accounts for security, compliance, or inactivity reasons. Aventusoft may also terminate accounts at its sole discretion without liability.

Intellectual Property

All content, materials, designs, logos, trademarks, and other intellectual property contained in or made available through the Services are the exclusive property of Aventusoft or its licensors and are protected under intellectual property laws. 

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for their intended purpose. You may not copy, modify, reproduce, distribute, display, or create derivative works from our content without prior written consent. Any feedback, suggestions, or improvements you provide shall automatically become the sole property of Aventusoft without compensation. You acquire no ownership rights in or to data, algorithms, analytics, or models generated by or through the Services and all rights not expressly granted are reserved by Aventusoft.

Privacy and Data Collection

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and share personal information, including through tools like Google Analytics. You consent to the practices described in the Privacy Policy.

You acknowledge and agree that Aventusoft may collect, retain, use, and disclose aggregated, anonymized, and de-identified data for research, product development, quality assurance, and commercial purposes. Aventusoft may retain data after termination as permitted by law. Healthcare providers are solely responsible for obtaining all necessary consents from patients

HIPAA & Regulatory Compliance

If you are a healthcare provider, you represent and warrant that you will use the Services in compliance with all applicable health information privacy laws (including HIPAA in the United States) and will implement necessary safeguards to protect patient data.

Third Party Services

The Services may integrate with or link to third-party services. Aventusoft does not control and is not responsible for these services. Your use of third-party services is subject to their own terms and privacy policies.

Aventusoft is not liable for any delays, failures, damages, or losses caused by the acts, omissions, or availability of third-party providers, networks, or integrations, including without limitation wireless carriers, cloud hosting providers, or app marketplaces.

Disclaimers & Limitations of Liability

The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. Aventusoft disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. 

To the maximum extent permitted by law:

• Aventusoft will not be liable for any indirect, incidental, consequential, or punitive damages.

In no event shall Aventusoft’s total liability exceed the greater of one hundred U.S. dollars ($100) or the amount you paid in the twelve (12) months preceding the claim. Aventusoft shall not be liable for (i) medical harm, missed diagnoses, or reliance on outputs; (ii) data loss, corruption, or unauthorized access; (iii) downtime, service interruptions, or network outages; or (iv) failures attributable to third-party systems or integrations Indemnification

You agree to indemnify, defend, and hold harmless Aventusoft, its affiliates, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use or misuse of the Services, your violation of these Terms, or your violation of any rights of another person or entity. This indemnification expressly includes claims brought by patients, healthcare providers, or regulators, and any investigations, fines, or penalties arising from your conduct, misuse, or failure to comply with data protection or healthcare regulations.

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of such courts.

Class Action & Jury Trial Waiver: You waive any right to participate in a class action or representative proceeding and any right to a jury trial.

Product Safety & Regulatory Compliance Notice

The HEMOTAG® medical device is a medical device intended for use only as described in its labeling and in accordance with instructions provided by Aventusoft and your licensed healthcare provider. The Licensed Application is designed to operate exclusively with authorized HEMOTAG® devices and approved accessories.

Improper use, modification, or operation outside the intended purpose may result in inaccurate readings, device malfunction, or patient harm. The HEMOTAG® device and Licensed Application are not substitutes for professional medical judgment.

For Patients: Only use the HEMOTAG® device on yourself, and only as prescribed or instructed by your healthcare provider. If you experience symptoms or receive readings that concern you, contact your healthcare provider immediately.

For Healthcare Providers: Use of the HEMOTAG® device and Licensed Application must comply with applicable medical regulations, professional standards of care, and institutional policies. You are responsible for verifying that device use, patient monitoring, and data interpretation are consistent with your clinical judgment and regulatory obligations.

Force Majeure

We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, labor disputes, acts of government, internet or utility outages, or pandemics.

Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement, the HEMOTAG® device, or the Licensed Application, including the interpretation, breach, termination, or validity thereof (collectively, “Disputes”), shall first be addressed through good-faith negotiations between you and Aventusoft.

If the parties are unable to resolve the Dispute within thirty (30) days, the Dispute shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, except that if you are a patient using the HEMOTAG® device for personal purposes, the AAA Consumer Arbitration Rules shall apply.

The arbitration shall take place in Palm Beach County, Florida, before a single arbitrator, and the arbitrator’s decision shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction in Palm Beach County, Florida, to protect its intellectual property rights or confidential information.

Class Action Waiver: To the maximum extent permitted by law, you and Aventusoft agree that any Dispute shall be conducted only on an individual basis and not in a class, consolidated, or representative action.

Emergency Use Disclaimer

The HEMOTAG® device and Licensed Application are not intended for use in medical emergencies. If you believe you are experiencing a medical emergency, call 911 (in the United States) or your local emergency number immediately. Do not rely on data from the HEMOTAG® device or Licensed Application as a substitute for seeking immediate medical attention.

Termination

Aventusoft may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct that may harm Aventusoft, other users, or third parties. Aventusoft may also terminate or suspend your access to the Services at any time for convenience, with or without cause. Aventusoft shall have no obligation to retain, return, or provide copies of any data following termination, except as required by law. Upon termination, your right to use the Services will immediately cease, and any provisions of these Terms that by their nature should survive will continue in effect.

Change of Terms

We may update these Terms from time to time to reflect changes to our practices, technology, legal requirements, or other factors. When we make changes, we will revise the “Effective Date” at the top of this page and, if appropriate, provide additional notice. Your continued use of the Services following any changes constitutes your acceptance of the updated Terms. Continued use after updated Terms are posted constitutes binding acceptance, regardless of whether additional notice is provided.

No Warranty of Availability

Aventusoft does not guarantee continuous, uninterrupted, or error-free availability of the Services and may suspend access for maintenance, upgrades, or other reasons without liability.

Force Updates

Aventusoft may require you to install updates or upgrades to continue using the Services. Aventusoft may disable prior versions at its discretion

Audit Rights (enterprise/provider users only)

Aventusoft reserves the right to audit your use of the Services to confirm compliance with these Terms.

Survival

Any provisions of this Agreement that by their nature should survive termination (including, without limitation, provisions relating to intellectual property rights, indemnification, limitations of liability, governing law, dispute resolution, and data privacy) shall survive termination of this Agreement.

Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, along with the Privacy Policy, constitute the entire agreement between you and Aventusoft.

Assignment

You may not assign, transfer, or delegate your rights or obligations under this Agreement without the prior written consent of Aventusoft. Any attempted assignment in violation of this section shall be null and void. Aventusoft may assign or transfer its rights and obligations under this Agreement without restriction.

Contact Information

If you have questions or concerns regarding these Terms, you may contact us at: