Terms of Service & Patient Agreement

1. Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of the Thymos Health iOS and Android mobile applications, public website, patient-facing technology, membership services, communications, and related services (collectively, the "Services").

For registered patients, you enter into these Terms when you affirmatively accept them through the Thymos Health mobile application or another Thymos enrollment process that clearly requests your agreement.

The version of these Terms available on thymoshealth.com is provided so that you may review, download, and access the Terms outside the mobile application. Merely visiting a publicly accessible Thymos webpage does not, by itself, make you a patient of Thymos Provider Group or constitute acceptance of patient-specific clinical agreements.

Certain features or clinical services require you to separately review and accept additional agreements or consents. Those agreements remain legally distinct even when displayed together with these Terms for convenience.

2. Parties and Relationship

Thymos Provider Group, PC ("Provider Group") is the professional medical corporation through which licensed healthcare professionals provide clinical services.

Thymos Health, Inc. ("Thymos Health") is the non-clinical management and technology company that provides technology, administrative, operational, and other support services to Provider Group.

Thymos Health does not practice medicine and does not independently diagnose, prescribe, or provide medical treatment.

Where Thymos Health handles Protected Health Information on behalf of Provider Group, it does so as a Business Associate pursuant to a written Business Associate Agreement and applicable law.

Both entities have a mailing address at:
679 S. Eliseo Dr.
Greenbrae, CA 94904

3. Description of Services

Depending on your eligibility, location, clinical needs, membership, and applicable law, the Services may include:

• •telehealth consultations and evaluations;
• •assessment of complex autoimmune and immune-mediated conditions;
• •review and interpretation of medical history and records;
• •laboratory and diagnostic interpretation;
• •longitudinal care planning;
• •prescriptions where clinically appropriate and legally permitted;
• •coordination with specialists, laboratories, pharmacies, and other healthcare providers;
• •secure patient-to-clinician messaging;
• •patient-reported outcomes and symptom monitoring;
• •patient education;
• •care navigation;
• •wellness and lifestyle support;
• •technology-assisted clinical documentation;
• •administrative and membership services; and
• •other related healthcare or technology services.

Clinical services are provided only by licensed healthcare professionals acting through Provider Group.

No particular diagnosis, prescription, treatment, improvement, remission, result, or clinical outcome is guaranteed.

4. Establishment of the Clinician-Patient Relationship

Creating an account, downloading the application, completing an intake form, purchasing a membership, or communicating with administrative staff does not by itself establish a clinician-patient relationship.

A clinician-patient relationship with Provider Group is established only when Provider Group accepts you for clinical care and an authorized Thymos clinician begins providing healthcare services to you.

5. Not for Emergencies

Thymos is not an emergency medical service.

Do not use the Thymos application, AI medical assistant, or other Services for an emergency or another situation requiring immediate medical attention.

If you believe you are experiencing a medical emergency, call 911 or your applicable local emergency number or go to the nearest emergency department.

Electronic messages may not be reviewed immediately.

6. Eligibility and Location

The Services are currently intended for individuals 18 years of age or older. Thymos does not currently provide routine patient accounts or clinical services to minors.

Clinical services are available only where the applicable Thymos clinician is licensed, registered, or otherwise legally authorized to provide care.

You agree to accurately provide your physical location when requested in connection with healthcare services. Your location at the time healthcare is provided may affect whether a particular clinician can legally provide care to you.

The Services are intended primarily for patients who ordinarily reside in the United States. An established U.S. patient temporarily traveling outside the United States may receive limited follow-up or support only where Thymos determines that doing so is legally and clinically permissible.

Thymos does not guarantee that Services will be available from every location.

7. Informed Consent and Patient Agreements

Clinical care may require acceptance of separate patient agreements, including:

• •Consent to Treatment;
• •Telehealth Consent;
• •Audio Recording and AI-Assisted Documentation Consent; and
• •state-specific disclosures or agreements.

Copies are attached to these Terms for convenience.

8. Prescriptions

A Thymos clinician may prescribe medication only when the clinician determines that doing so is medically appropriate and legally permitted. No particular medication or prescription is guaranteed.

Prescription decisions are based on professional medical judgment, including the patient's condition, symptoms, disease activity, treatment response, risks, contraindications, and other relevant clinical information.

Treatment decisions are made by Thymos clinicians based on active management of the patient's health and disease, not program economics.

Prescriptions may be subject to pharmacy availability, state and federal law, prescribing requirements, prior authorization, insurance coverage, and other restrictions outside Thymos's control.

9. Artificial Intelligence and Clinical Technology

The Services may use artificial intelligence, automation, deterministic algorithms, and other computational technologies to support clinical and administrative workflows.

Such technologies may assist with:

• •organizing medical information;
• •summarizing records;
• •extracting structured information;
• •supporting clinical documentation;
• •analyzing information;
• •creating clinical timelines;
• •generating educational information;
• •assisting with administrative workflows; and
• •other functions supporting the delivery of the Services.

These technologies are designed to support, not replace, licensed professional judgment. AI-generated or automated information may contain errors, omissions, or incomplete information.

Final clinical decisions concerning diagnosis, medications, treatment, and care remain the responsibility of licensed Thymos clinicians.

Thymos does not permit identifiable patient information to be used by third-party service providers to train general-purpose artificial intelligence models for their independent purposes.

Additional information regarding our use of artificial intelligence and patient information is provided in the Privacy Policy and, where applicable, the Audio Recording and AI-Assisted Documentation Consent.

10. Audio Recording and AI-Assisted Documentation

Certain telehealth encounters may, with your separate affirmative consent, use audio recording and AI-assisted documentation technology. Video is not recorded.

You will receive notice and be asked for consent before recording begins. You may decline recording without losing access to the underlying telehealth visit.

The use, purpose, retention, security, and deletion of recordings, transcripts, and AI-generated documentation materials are described in the Audio Recording and AI-Assisted Documentation Consent and Privacy Policy.

11. Membership, Recurring Billing, and Payment

Certain Services require payment or an active Thymos membership.

Recurring Membership

If you enroll in a recurring membership, you authorize Thymos's payment processor to charge the disclosed membership fee at the frequency presented to you during enrollment until you cancel.

Before you enroll, Thymos will disclose the applicable price; billing frequency; recurring nature of the membership; material membership terms; and cancellation method. Where required by law, Thymos will obtain your express affirmative consent to recurring charges separately from unrelated terms.

Payment Processing

Stripe currently processes Thymos membership payments. Thymos does not receive or store your full payment-card number. Thymos may retain limited transaction information, such as the amount paid, payment date, payment status, and related information needed for accounting and reimbursement documentation.

Cancellation

You may cancel your recurring membership using the cancellation method made available through the same enrollment channel or another method permitted by applicable law. If you enroll through the Thymos mobile application, an online cancellation method will be made available.

Cancellation prevents future membership renewals but does not reverse charges for Services already provided; extinguish lawful outstanding payment obligations; delete your Thymos account; or delete your medical record.

Where required by applicable automatic-renewal law, Thymos will provide reminders, price-change notices, renewal notices, and cancellation options.

Price Changes

Membership pricing may change prospectively. Thymos will provide advance notice and an opportunity to cancel where required by law before an applicable price change takes effect.

Insurance and Reimbursement

Unless expressly stated otherwise, payment to Thymos does not guarantee reimbursement by an insurer, health plan, HSA/FSA administrator, employer, or other third party.

Thymos may provide documentation that patients can use to seek reimbursement where appropriate. Future payment options may include HSA/FSA or employer-sponsored membership arrangements.

12. Communications

You may receive administrative or service-related communications concerning authentication; appointments; intake completion; account administration; billing; security; membership matters; and other Services.

Clinical communication between patients and clinicians occurs through Thymos's secure clinical communication systems. Ordinary SMS and email are not intended for clinical communications.

Marketing communications are subject to separate consent where required by law. Standard messaging or carrier charges may apply to SMS communications.

13. User Responsibilities

You agree to:

• •provide accurate and reasonably complete information;
• •update information where necessary;
• •accurately identify yourself;
• •accurately provide your physical location when requested;
• •protect your account credentials;
• •use only your own patient account;
• •comply with applicable law; and
• •use the Services appropriately.

You may not:

• •impersonate another person;
• •permit another individual to use your patient account;
• •share passwords or authentication credentials;
• •interfere with the security or operation of the Services;
• •attempt unauthorized access;
• •use the Services for fraud or unlawful activity;
• •reverse engineer or improperly copy Thymos software except where applicable law expressly permits it;
• •use automated scraping or extraction tools without authorization; or
• •record, reproduce, publicly distribute, or commercially exploit a clinical encounter except with all legally required permissions or as otherwise permitted by law.

You should provide medical information honestly and to the best of your knowledge.

Thymos understands that medical histories may be incomplete, uncertain, or later corrected. Providing inaccurate medical information in good faith does not itself constitute a breach of these Terms.

14. Privacy and Health Information

Our collection and handling of personal information are described in the Thymos Health Privacy Policy. Provider Group's uses and disclosures of PHI are described in its Notice of Privacy Practices. Additional notices may apply, including the Washington Consumer Health Data Privacy Policy.

Acceptance of these Terms does not by itself constitute:

• •a HIPAA authorization;
• •consent to use or disclose PHI where separate authorization is legally required;
• •consent to formal research involving identifiable PHI;
• •consent to record a telehealth encounter; or
• •consent to any activity for which applicable law requires separate affirmative authorization.

15. HealthKit, Health Connect, and Connected Health Data

Thymos may permit you to connect Apple HealthKit, Google Health Connect, wearable devices, or other health-data sources. Use of such integrations will be optional.

You will control whether to grant applicable device or platform permissions and may withdraw those permissions through the applicable device or platform settings.

16. Employer- or Organization-Sponsored Access

An employer, health plan, or other organization may sponsor or pay for access to certain Thymos Services. Such sponsorship:

• •does not make that organization your healthcare provider;
• •does not give the organization authority over Thymos clinicians' clinical decisions; and
• •does not automatically give the organization access to identifiable clinical information.

Thymos does not provide an employer with identifiable diagnoses, symptoms, medications, treatment information, medical messages, or other clinical information absent your authorization or another specific lawful basis.

Eligibility information and appropriately aggregated or de-identified program reporting may be exchanged as described in our Privacy Policy and applicable agreements.

17. Intellectual Property and License

Thymos Health and its licensors retain all rights in the technology, software, trademarks, design, content, algorithms, documentation, and other proprietary materials comprising the Services, excluding patient medical information and other information owned by third parties.

Subject to these Terms, Thymos grants you a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Services for their intended personal healthcare purposes.

You retain your rights to the information you provide. You authorize Thymos to process information you submit only as reasonably necessary to provide and operate the Services and as otherwise permitted by applicable privacy and healthcare laws.

18. Third-Party Services

The Services may interact with third-party systems, including payment processors, laboratories, pharmacies, health information systems, app marketplaces, and other providers.

Thymos is not responsible for the independent services or practices of unrelated third parties outside Thymos's control.

Where third parties process information on behalf of Thymos, applicable contractual and privacy requirements apply.

19. App Store and Google Play

If you obtain the Thymos application through the Apple App Store, your license to the application is subject to Apple's applicable Standard End User License Agreement unless Thymos provides a valid custom license agreement through Apple.

These Terms principally govern your relationship with Thymos and your use of the Thymos Services. Apple is not responsible for medical care provided through Provider Group. Apple and its subsidiaries are third-party beneficiaries of applicable provisions concerning the iOS application to the extent required by Apple's terms.

If you obtain the application through Google Play, your use of Google Play remains subject to Google's applicable terms. You must comply with applicable third-party terms associated with your device, operating system, mobile carrier, and app marketplace.

20. Technology Disclaimers

The technology portions of the Services may occasionally be interrupted, delayed, unavailable, inaccurate, or affected by circumstances beyond our reasonable control.

To the maximum extent permitted by law, technology and non-clinical platform functionality are provided on an "as available" basis.

THYMOS DOES NOT WARRANT THAT THE TECHNOLOGY PLATFORM WILL ALWAYS BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE.

Nothing in this Section disclaims or reduces the professional standard of care applicable to licensed healthcare professionals or waives any healthcare right that cannot lawfully be waived.

21. Limitation of Liability

To the maximum extent permitted by law, Thymos Health, Inc. will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from non-clinical technology Services.

For claims arising solely from non-clinical technology Services, the aggregate liability of Thymos Health, Inc., to the extent a contractual limitation is legally permitted, will not exceed the greater of the amount you paid to Thymos for the applicable Services during the twelve months preceding the event giving rise to the claim, or $100.

This limitation does not apply to:

• •professional negligence or medical malpractice;
• •gross negligence;
• •willful misconduct;
• •fraud;
• •liability arising from a breach of privacy, confidentiality, or data-security obligations to the extent such liability cannot legally be limited;
• •personal injury or wrongful death to the extent applicable law prohibits limitation; or
• •any other liability that applicable law does not permit Thymos to exclude or limit.

Nothing in these Terms limits any legally nonwaivable rights or remedies.

22. Indemnification

To the extent permitted by law, you agree to indemnify and hold Thymos Health harmless from third-party claims resulting from your:

• •intentional or fraudulent misuse of the technology Services;
• •unlawful activity through the Services;
• •infringement of another person's intellectual-property rights; or
• •intentional material violation of these Terms.

This indemnification obligation does not apply merely because:

• •you experience an adverse medical outcome;
• •medical information provided by you in good faith later proves incomplete or inaccurate;
• •you do not follow a clinician's recommendation; or
• •a claim results from professional negligence, malpractice, gross negligence, or willful misconduct by Thymos or its healthcare professionals.

23. General Dispute Resolution and Arbitration

A. Scope

Except for the exclusions below, disputes arising from the non-clinical Services, membership, billing, these Terms, or your relationship with Thymos Health or Thymos Provider Group will be resolved through individual binding arbitration. This Section does not govern claims for professional negligence or medical malpractice where such claims are governed by a separately accepted state-specific Medical Services Arbitration Agreement.

B. Informal Resolution

Before commencing arbitration, the party asserting a dispute must provide written notice describing the dispute and requested relief. Notices to Thymos should be sent to legal@thymoshealth.com. The parties will attempt in good faith to resolve the dispute informally for at least 30 days before arbitration begins, unless immediate relief is legally necessary.

C. Arbitration

If the dispute is not resolved informally, it will be resolved through binding individual arbitration administered by JAMS under its applicable consumer arbitration rules and minimum standards. The Federal Arbitration Act governs the interpretation and enforcement of this general arbitration provision except where applicable law requires otherwise. Unless the parties agree otherwise, arbitration may take place remotely or in the county where you reside.

D. Arbitration Fees

Arbitration fees will be allocated according to JAMS rules and applicable law. Thymos will not require you to bear arbitration costs that applicable law requires Thymos to pay.

E. Small Claims

Either party may bring an eligible individual claim in small claims court rather than arbitration.

F. Public Injunctive Relief

Nothing in these Terms waives a right to seek public injunctive relief in court where applicable law makes that right nonwaivable.

G. Individual Proceedings

To the maximum extent permitted by law, disputes must be brought on an individual basis rather than as a plaintiff or class member in a purported class, collective, consolidated, or representative proceeding. If applicable law makes a particular claim or remedy nonwaivable, that claim or remedy will be handled as required by law.

H. Opt-Out

You may opt out of this general non-clinical arbitration provision by emailing legal@thymoshealth.com within 30 days after first accepting these Terms. Your notice must identify your name and account email and clearly state that you are opting out of the general Terms of Service arbitration provision.

Opting out of this Section does not automatically opt you out of, rescind, or otherwise affect any separately executed Medical Services Arbitration Agreement, which has its own terms and statutory rights.

24. Membership Cancellation, Account Deletion, and Ending Clinical Care

These are separate actions.

Membership Cancellation

Cancelling membership stops future recurring membership renewals in accordance with the applicable billing terms.

Account Deletion

You may initiate deletion of your user account through the iOS or Android application or through Thymos's external account-deletion process. Account deletion does not require Provider Group to destroy medical records or other information that applicable law requires or permits it to retain.

Clinical Care

Ending a membership or deleting an account does not necessarily terminate all professional or legal obligations associated with previously provided care.

Provider Group may decline, suspend, or discontinue clinical services where clinically appropriate or legally necessary, subject to applicable professional requirements concerning notice, continuity of care, and transition of care.

25. Changes to These Terms

Thymos may modify these Terms prospectively. If a change materially affects your rights or obligations, Thymos will provide notice as required by applicable law.

Where applicable law or the nature of the change requires affirmative acceptance, Thymos will request your affirmative agreement before the change applies. Changes concerning recurring billing, arbitration, privacy, or other matters governed by specific legal requirements will be handled in accordance with those requirements.

A materially revised patient consent will not be treated as accepted merely because you continue using the Services where separate affirmative consent is required.

26. Governing Law

These Terms are governed by California law, without regard to conflict-of-laws principles, except to the extent federal law applies or another jurisdiction's mandatory law governs a particular issue.

Clinical care is also subject to laws and professional requirements applicable where the patient is physically located at the time care is provided.

Nothing in these Terms deprives a consumer or patient of mandatory protections that applicable law does not permit the parties to waive.

27. Severability

If a provision of these Terms is held invalid or unenforceable, the provision will be enforced to the maximum extent legally permitted and the remaining provisions will remain in effect unless applicable law requires otherwise.

28. Assignment

You may not assign your personal patient account or rights under these Terms without Thymos's written consent.

Thymos may assign these Terms in connection with a merger, acquisition, restructuring, financing, or transfer of substantially all relevant assets, subject to applicable healthcare and privacy law.

29. No Waiver

A failure to enforce a provision of these Terms does not waive the right to enforce that or another provision later.

30. Order of Precedence

If there is a conflict among these Terms and another Thymos agreement:

1. mandatory applicable law controls;
2. a specifically applicable state-mandated agreement or disclosure controls as to its subject matter;
3. the Notice of Privacy Practices controls with respect to uses and disclosures of PHI;
4. a separately accepted patient consent controls as to the matter specifically covered by that consent; and
5. these general Terms govern remaining matters.

31. Entire Agreement

These Terms and any separately accepted agreements incorporated into your relationship with Thymos constitute the applicable agreement between you and Thymos regarding their respective subject matters.

Nothing in this Section converts a privacy notice or Notice of Privacy Practices into a contractual waiver of rights.

32. Contact

General Support: support@thymoshealth.com
Legal: legal@thymoshealth.com
Privacy: privacy@thymoshealth.com  ·  (415) 379-0745

Thymos Health, Inc.
Thymos Provider Group, PC
679 S. Eliseo Dr.
Greenbrae, CA 94904

1. Consent to Healthcare

I voluntarily consent to evaluation, diagnosis, treatment, care coordination, monitoring, and other healthcare services provided by authorized clinicians through Thymos Provider Group.

I understand that the exact nature of my care will depend on my medical condition, clinical findings, applicable standards of care, clinician judgment, and applicable law.

2. Clinical Decision-Making

I understand that my treating clinician will make clinical decisions based on information including my symptoms; history; diagnoses; medical records; laboratory and diagnostic results; medications; treatment response; disease activity; risks and contraindications; and other relevant clinical information.

I understand that no treatment, medication, laboratory test, referral, or particular outcome is guaranteed.

3. My Responsibilities

I agree to provide medical information truthfully and to the best of my ability. I understand that incomplete or inaccurate information can affect clinical assessment and treatment.

I will inform my care team of significant changes in my symptoms, medications, allergies, health status, or other information relevant to my care.

4. Risks, Benefits, and Alternatives

Healthcare may involve risks, benefits, side effects, uncertainties, and alternatives. My clinician may discuss these matters with me as clinically appropriate.

I have the right to ask questions and participate in decisions about my care.

5. Right to Refuse

I may refuse a proposed treatment, medication, diagnostic test, or other healthcare intervention.

I understand that refusing recommended care may affect the ability of Thymos clinicians to diagnose or manage my condition safely.

6. Prescriptions

I understand that prescribing is based solely on the professional judgment of an authorized clinician and applicable law.

Enrollment in Thymos does not guarantee that any medication will be prescribed, continued, changed, tapered, or discontinued.

7. Coordination With Other Providers

At my request or as otherwise permitted by law, Thymos may communicate or coordinate with other healthcare professionals involved in my care.

I understand that Thymos may recommend that I seek in-person evaluation, emergency care, specialty consultation, or care outside Thymos where clinically appropriate.

8. Emergency Care

I understand that Thymos is not an emergency service. If I experience an emergency, I will call 911 or seek immediate emergency care.

9. No Guarantee of Outcome

Medicine is not an exact science.

I understand that Thymos cannot guarantee diagnosis, symptom improvement, remission, treatment response, medication reduction, or any particular medical outcome.

10. Privacy

My health information will be handled in accordance with applicable law and the Thymos Provider Group Notice of Privacy Practices.

11. Consent

By separately accepting this Consent to Treatment in the Thymos application, I confirm that I have read and understood it, have had an opportunity to ask questions, and voluntarily consent to treatment through Thymos Provider Group.

1. Nature of Telehealth

Telehealth involves providing healthcare when the patient and healthcare professional are in different locations through electronic communications technology. Telehealth may include:

• •real-time video and audio visits;
• •secure electronic messaging;
• •transmission and review of health records;
• •remote review of laboratory and diagnostic information; and
• •other electronic communication supporting care.

2. Consent to Telehealth

I voluntarily consent to receive healthcare through telehealth.

I understand that I may ask questions about telehealth and that, where clinically appropriate and reasonably available, I may discuss alternative methods of receiving care.

3. Potential Benefits

Potential benefits may include:

• •improved access to specialty care;
• •reduced travel;
• •faster communication;
• •greater continuity between scheduled visits; and
• •easier sharing and review of clinical information.

4. Potential Risks and Limitations

I understand that telehealth can involve limitations or risks, including:

• •inability to perform a complete hands-on physical examination;
• •limitations in visual or audio quality;
• •technology or connectivity failure;
• •delayed or incomplete transmission of information;
• •potential need for in-person examination or testing;
• •privacy or security risks inherent in electronic communication; and
• •clinical circumstances in which telehealth is not appropriate.

My clinician may determine that an in-person evaluation or another form of care is necessary.

5. Patient Location

I understand that healthcare licensing requirements generally depend on where I am physically located when care is provided. I agree to accurately provide my physical location when requested.

Thymos may postpone, limit, or discontinue a telehealth encounter if the applicable clinician is not legally authorized to provide care at my location.

6. Traveling Outside the United States

If I am an established Thymos patient temporarily traveling outside the United States, I understand that Thymos may be unable to provide some or all clinical services depending on applicable law, professional requirements, safety considerations, and the circumstances of my care.

7. Privacy

Telehealth encounters are subject to applicable healthcare confidentiality and privacy laws.

I understand that I should participate in telehealth from a location that provides an appropriate level of privacy when reasonably possible.

8. Technology Failure

If a telehealth connection fails, Thymos may attempt to reconnect, use another legally appropriate communication method, reschedule the encounter, or advise me to obtain care elsewhere.

9. Emergencies

Telehealth through Thymos is not an emergency service. If an emergency occurs during a visit, Thymos clinicians may take steps permitted by law to facilitate emergency assistance.

10. Recording

My consent to telehealth does not automatically authorize Thymos to record an encounter. Audio recording is governed by a separate Audio Recording and AI-Assisted Documentation Consent.

11. Withdrawal

I may withdraw my consent to future telehealth care, subject to the consequences of no longer being able to receive Services that can only reasonably be provided through telehealth.

Withdrawal does not invalidate care already provided.

12. Consent

By separately accepting this Telehealth Consent in the Thymos application, I acknowledge that I have been informed about the use of telehealth and voluntarily consent to telehealth as a mode of receiving healthcare.

1. What Is Recorded

With my affirmative consent, audio from a telehealth visit may be recorded. Video is not recorded. I understand that Thymos will provide notice before recording begins.

2. Consent at Each Visit

I understand that accepting this Consent during onboarding does not eliminate the additional notice and consent provided before an individual recorded visit. Thymos will ask for my affirmative consent before recording begins.

3. Recording Is Optional

I may decline audio recording and still receive the underlying telehealth visit. Declining recording will not, by itself, cause Thymos to refuse the visit.

4. Purpose

Audio may be securely processed to:

• •create a temporary transcript;
• •create an AI-assisted draft summary;
• •assist my clinician in preparing the clinical note;
• •evaluate documentation quality;
• •conduct quality assurance;
• •evaluate clinician performance;
• •perform audits; and
• •conduct internal validation and quality improvement.

5. AI-Assisted Documentation

I understand that artificial intelligence may assist in transcribing or summarizing the visit. AI-generated information can contain errors or omissions.

My clinician remains responsible for reviewing, editing as appropriate, and approving the final clinical note. The signed clinician-authored or clinician-approved note is the permanent clinical documentation produced through this workflow.

6. Temporary Retention

Thymos generally retains temporary transcripts and raw audio for 90 days; and AI-generated draft summaries for 90 days.

These materials are then automatically deleted unless a valid legal hold or other applicable legal requirement requires retention.

7. Access

Access to temporary recordings, transcripts, and draft summaries is restricted to authorized personnel with a legitimate role-based need, including selected clinical leadership; quality personnel; administrators; and engineers.

8. Use After the Final Note Is Signed

After my clinician signs the final clinical note, Thymos will not use the temporary audio, transcript, or AI-generated summary to make or change decisions about my diagnosis; treatment plan; medications; eligibility for care; or other individual clinical management.

9. Third-Party Processing

Thymos may use healthcare technology providers acting under appropriate confidentiality, privacy, security, and Business Associate obligations to process encounter content. Clinical content processed by such providers may itself contain identifiable Protected Health Information.

Thymos does not permit identifiable patient recordings or PHI to be used by third-party providers to train general-purpose AI models for the third party's independent purposes.

10. Internal Algorithm Improvement

Identifiable recordings may be used internally for Thymos quality assurance and validation consistent with applicable law.

For algorithm development beyond ordinary healthcare operations, Thymos seeks to use HIPAA-de-identified information whenever reasonably feasible.

11. Withdrawal or Declining Recording

I may decline recording before an encounter is recorded. Declining recording does not prevent me from receiving the telehealth visit.

Withdrawal of consent does not undo processing or quality activities lawfully performed before withdrawal.

12. Consent

By separately accepting this Audio Recording and AI-Assisted Documentation Consent in the Thymos application, and by affirmatively agreeing again before an individual recorded visit, I consent to the recording and processing described above.

Article 1 — Arbitration of Professional Negligence

"It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration."

This Article concerns disputes alleging professional negligence or medical malpractice in connection with medical services provided by Thymos Provider Group, PC or healthcare professionals acting through it.

Article 2 — Agreement to Arbitrate

Subject to applicable California law, the patient and Thymos Provider Group, PC agree that disputes concerning professional negligence or medical malpractice covered by this Agreement will be resolved through binding arbitration rather than a jury or court trial, except to the extent California law provides otherwise.

Article 3 — Arbitration Administration

Unless applicable law requires otherwise, arbitration will be administered by JAMS before a neutral arbitrator experienced in healthcare disputes.

Proceedings will be conducted in accordance with applicable California law and any arbitration rules that do not conflict with mandatory requirements governing medical-services arbitration agreements.

Article 4 — Claims Covered

This Agreement applies to claims within the scope permitted by California law concerning alleged professional negligence in the rendering of medical services by:

• •Thymos Provider Group, PC;
• •physicians or other healthcare professionals providing care through Provider Group; and
• •other persons or entities legally entitled to invoke the Agreement with respect to such medical services.

The scope of this Agreement will not be construed more broadly than applicable law permits.

Article 5 — Claims Not Waivable

Nothing in this Agreement waives:

• •rights or remedies that California law does not permit the parties to waive;
• •applicable rights to judicial review of arbitration;
• •legally nonwaivable public injunctive relief; or
• •any other right that cannot legally be subjected to arbitration.

Article 6 — Relationship to General Terms

The general arbitration provision in the Thymos Terms of Service governs non-clinical contractual and platform disputes within its scope. This Medical Services Arbitration Agreement governs professional-negligence and medical-malpractice disputes within its scope.

If the two provisions conflict concerning a professional-negligence claim, this separately accepted Medical Services Arbitration Agreement and applicable California law control.

Article 7 — Thirty-Day Rescission Right

After signing this Agreement, the patient may rescind the Medical Services Arbitration Agreement by written notice within 30 days of signature, as provided by California law.

A rescission notice may be sent to legal@thymoshealth.com or mailed to:

Thymos Provider Group, PC
Attn: Legal
679 S. Eliseo Dr.
Greenbrae, CA 94904

Thymos will preserve the date and method of any timely rescission request.

Article 8 — Electronic Agreement

Where legally permitted, this Agreement may be presented and signed electronically. Thymos will maintain an electronic record showing:

• •the version presented;
• •the date and time presented;
• •the identity/account associated with the acceptance;
• •the date and time of signature or affirmative acceptance; and
• •any subsequent timely rescission.