Terms of Use

Last revised on: July 21, 2026

Welcome to the website of FirstThen, Inc., a Texas corporation (“FirstThen”). FirstThen is sometimes referred to herein as “we,” “us,” “our,” “FirstThen”, or “Company.” These Terms of Use (these “Terms”) govern your use of firstthen.com and other Internet sites on which these Terms are posted and/or any of FirstThen’s web products (including any web or mobile applications that you may access or launch through our website or any other FirstThen products), and any FirstThen software, which are copyrighted works belonging to FirstThen, and products and services we provide through them (collectively, the website, web applications, software and other web products and services provided by FirstThen shall be referred to as the “Services”, and the website, web products, and software through which the Services are accessed shall be referred to as our “Site”).

The Services consist of a self-guided application featuring training modules, practice tools, tracking tools, and digital coaching, each of which is science-informed and grounded in research- based protocols, and all of which are designed to support parents and caregivers of children with behavioral disorders.

The Services are offered for educational and wellness purposes only; FirstThen does not provide direct care or clinical services of any kind. “You” or “User” refers to you as a user of the Site. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. FirstThen is based in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR USE, AND/OR VISITATION, OF THE SITE. BY ACCESSING OR USING THE SITE OR OTHERWISE INDICATING YOUR ACCEPTANCE (OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU) YOU ARE ACCEPTING THESE TERMS AND OUR PRIVACY POLICY, FOUND AT WWW.FIRSTTHEN.COM/PRIVACY-POLICY, INCORPORATED HEREIN BY REFERENCE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU (1) HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE AT LEAST 18 YEARS OLD OF AGE, (3) YOU ARE LOCATED IN A STATE WHERE WE OPERATE (DEPENDING ON THE TYPE OF SERVICES), AND (4) YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT WANT TO AGREE TO THESE TERMS OR THE PRIVACY POLICY, OR IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE. YOU UNDERSTAND AND AGREE THAT SATISFYING THE ABOVE REQUIREMENTS DOES NOT GUARANTEE THAT YOU WILL RECEIVE SERVICES. IN ADDITION TO THE ABOVE REQUIREMENTS, THE COMPANY RESERVES THE RIGHT TO CHANGE OR INCLUDE NEW REQUIREMENTS AS DEEMED APPROPRIATE IN THEIR SOLE DISCRETION WITHOUT PROVIDING PRIOR NOTICE TO YOU. TO ACCESS OR USE THE SERVICES, YOU MUST HAVE COMPATIBLE DEVICES, ACCESS TO THE INTERNET, AND CERTAIN NECESSARY SOFTWARE. FEES AND CHARGES MAY APPLY TO YOUR USE OF MOBILE SERVICES AND TO THE INTERNET. THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE BELOW IN THE “DISPUTE RESOLUTION” SECTION) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW: (1) YOU MAY PURSUE CLAIMS AND SEEK RELIEF AGAINST US ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

FirstThen may modify these Terms at any time by updating this posting. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Continued use of our Site following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. You are bound by any such modifications and therefore you are expected to visit this page periodically to review these Terms from time to time so you are aware of any changes.

THE APPLICATION IS NOT FOR EMERGENCY OR URGENT NEEDS. IF YOU OR A FAMILY MEMBER IS IN CRISIS OR EXPERIENCING A MEDICAL EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) IMMEDIATELY. The Application is not intended to replace a relationship with a qualified healthcare or behavioral health professional. You should seek care from appropriate licensed professionals for the diagnosis, treatment, and clinical management of behavioral conditions.

EDUCATIONAL AND WELLNESS SERVICES; NO CLINICAL SERVICES

FirstThen provides a self-guided application (the “Application”) that offers training modules, practice tools, tracking tools, and digital coaching, each of which is science-informed and grounded in research-based protocols, and all of which are designed to support parents and caregivers of children with behavioral disorders. The Application is designed solely for educational and general wellness purposes.

FIRSTTHEN DOES NOT PROVIDE MEDICAL ADVICE, CLINICAL SERVICES, DIAGNOSIS, TREATMENT, OR DIRECT CARE OF ANY KIND. The Application and all content available through it (including without limitation text, copy, audio, video, photographs, illustrations, graphics, other visuals, digital tools and tracking, and AI-based coaching) are intended solely for educational and general wellness purposes. FirstThen is not a healthcare provider, clinical practice, or licensed behavioral health service. Nothing provided through the Application constitutes professional medical advice, diagnosis, treatment, clinical assessment, or recommendations of any kind, and use of the Application is not a substitute for professional evaluation, diagnosis, or treatment by a licensed healthcare or behavioral health professional. No information or content provided through the Application is intended to create a provider-patient relationship as defined by state or federal law. Individual results may vary, and the techniques and information provided may not be appropriate for every individual or situation.

YOU SHOULD NOT INTERPRET ANY INFORMATION, CONTENT, TRAINING MODULES, OR DIGITAL TOOLS AND TRACKING PROVIDED THROUGH THE APPLICATION AS CLINICAL ADVICE OR A SUBSTITUTE FOR PROFESSIONAL EVALUATION OR TREATMENT. IF YOU OR A FAMILY MEMBER REQUIRES CLINICAL EVALUATION, DIAGNOSIS, OR TREATMENT FOR A BEHAVIORAL CONDITION, YOU SHOULD CONSULT A QUALIFIED LICENSED HEALTHCARE OR BEHAVIORAL HEALTH PROFESSIONAL. The content and training modules available through the Application are developed for general informational and educational purposes only and are subject to the disclaimers set forth above. You should always seek the advice of qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.

Services and Accounts

Subject to your compliance with these Terms, FirstThen grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use and you may not resell or sublicense your access to the Services. Some Services on the Site permit or require you to create an account to participate or to secure additional benefits. Certain Services may require you to review and consent to additional terms or agreements from FirstThen or other third parties before you can access or participate in those Services. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You represent and warrant that (a) all required registration information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such information. You agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy (firstthen.com/privacy-policy) and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You also agree to notify us promptly at support@firstthen.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. FirstThen cannot and will not be liable for any damages, losses, costs, expenses, or liabilities arising from your failure to comply with the above requirements.

You may delete your account at any time, for any reason, by following the instructions on the Application. We may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any special terms related to a particular Service.

The provisions of these Terms concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of these Terms or your relationship with FirstThen. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold FirstThen and all related parties harmless from any and all liability that FirstThen or any such related parties may incur with respect thereto.

Except as otherwise provided in our Privacy Policy or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Services, to return or otherwise provide to you or any third party on your behalf any User Content, any information you provide to us, or any other information that we may have that relates to you.

FirstThen and its suppliers own all rights, title and interest in the Services, including all content and functionality you access through the Services (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). The Services, including all Content contained therein, are protected by copyright laws throughout the world.

You may not use the Services for any other purpose than what is allowed under the Terms without FirstThen’s express written permission. You will not remove, alter, obscure or use FirstThen’s name, trademarks, service marks, or logos, or those of third parties accompanying or incorporated into the Services or appearing on in any advertising or publicity or to otherwise indicate FirstThen’s or such third party’s sponsorship or affiliation with any content, product, or service without the express written permission from FirstThen or such third party. FirstThen’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of FirstThen and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Certain of our Services are currently only available to individuals located in certain states. You will be provided with notice of such limitations on availability of certain Services in your location when using those parts of the Services. Some Services may also only be available in- person at designated facilities.

Protected Health Information

When you set up an account with FirstThen, you are creating a direct customer relationship with FirstThen that enables you to access and use the Application. As part of that relationship, you provide information to FirstThen, including but not limited to your name, email address, and phone number, which we collect, use, and disclose in accordance with our Privacy Policy.

FirstThen is not a covered entity or business associate under the Health Insurance Portability and Accountability Act of 1996 and its related regulations (’HIPAA’). The Application is designed solely for educational and wellness purposes and does not create a provider-patient relationship or involve the provision of any clinical services. Any personal information you voluntarily provide through the Application will be handled in accordance with our Privacy Policy.

Notice Regarding Your Financial Responsibility

You are solely responsible for all fees and charges associated with your subscription to or purchase of the Application or any premium features or content offered through the Services. FirstThen does not participate in any federal or state healthcare programs (e.g., Medicare or Medicaid), and fees for the Application are not clinical service charges. FirstThen does not represent or guarantee that any subscription or purchase fee is eligible for reimbursement under any health savings account (HSA), flexible spending account (FSA), or similar benefit program. You are solely responsible for confirming eligibility with your plan administrator.

Purchases

You shall provide FirstThen with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third- party payment processor to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). Only valid payment methods acceptable to us may be used to complete a purchase via the Services. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or canceled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by contacting the Apple Store through your Apple account.

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

Any promotions made available through the Site may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

Use of Content

The content contained on the Site, such as text, graphics, images, audio, videos and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries and is owned or controlled by FirstThen or by third parties that have licensed their Content to FirstThen. By using the Site, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by FirstThen. Except for the limited license expressly granted to you, FirstThen and its licensors retain all right, title, and interest in and to the Services and all related intellectual property. The Company name, the term “FirstThen”, the Company logo, and all related names, terms, logos, product and service names, designs, and slogans are trademarks of FirstThen or its affiliates or licensors. You may not use such marks without the prior written permission of FirstThen. There are no implied licenses granted under these Terms unless expressly stated in these Terms. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single device for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of FirstThen, and (c) you may not use the Content in a manner that suggests an association with any of our products, Services or brands.

If you provide suggestions, ideas, comments, or other feedback regarding the Services (“Feedback”), you grant FirstThen a perpetual, irrevocable, worldwide, royalty-free, fully paid- up license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such Feedback for any purpose, without restriction or compensation to you. By accepting these Terms and using the Application, you acknowledge and agree that FirstThen is not a healthcare provider and that your use of the Application does not create a doctor-patient or other healthcare provider-patient relationship with FirstThen.

By using the Site or Application, you are establishing a direct customer relationship with FirstThen to use the Site and access the educational and wellness Services provided by FirstThen. You may not, without the prior written permission of FirstThen, “mirror” on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of FirstThen. The trademarks, logos and service marks (the “Marks”) displayed on the Site are owned by FirstThen or third parties. You are prohibited from use of those Marks without the express, written permission of FirstThen or such third party.

Any use or attempted use of the Site or Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by FirstThen to be made accessible to a User, (vi) to obtain any materials, or information through any means not intentionally made available by FirstThen, (vii) to reverse engineer, disassemble or decompile any section or technology on the Site, or (viii) for any use other than the purpose for which it was intended, is strictly prohibited.

FirstThen reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in FirstThen’s sole discretion, may be illegal, may subject FirstThen to liability, may violate these Terms, or are, in the sole discretion of FirstThen, inconsistent with FirstThen’s purpose for the Services.

In the event that we offer downloads of software on the Site, or through third-party platforms, and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, FIRSTTHEN HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, FIRSTTHEN SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE.

Your Right to Create or Post Content

You retain ownership of any information, text, data, images, records, messages, or other materials you submit, upload, transmit, or otherwise make available through the Services (“User Content”), including but not limited to health care information. To operate and provide the Services, you grant FirstThen a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to host, store, reproduce, process, adapt, publicly display (only as necessary to provide the Services), and otherwise use your User Content (i) to provide, operate, maintain, secure, and improve the Services, including but not limited to delivering educational content and behavioral technique training modules, personalizing the user experience, and supporting parents and caregivers in accessing the Application’s self-guided wellness tools, (ii) to generate insights or reports for you, and (iii) as otherwise described in our Privacy Policy. You represent and warrant that you have all rights necessary to grant this license.

We may create and use de-identified or aggregated data derived from your User Content or use of the Services for product improvement, research, analytics, and other lawful business purposes. Such data will not identify you, as described in our Privacy Policy. All such data, together with any resulting analyses, derivatives, or proceeds, shall be deemed the exclusive property of FirstThen and may be protected under applicable copyright, intellectual property, and other governing laws, and you hereby waive any moral rights in your User Content, to the extent permitted by law.  

Use and Content Restrictions

FirstThen is not responsible for any User Content, except as required by applicable law with respect to health care records and health care information. You expressly understand and agree that you are solely responsible for the User Content and for all activity that occurs under your account, whether done so by you or any third person using your account. You agree not to share your account credentials with any third party and to immediately notify FirstThen if you become aware of any unauthorized use of your account.

You may not generate or transmit any User Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, or otherwise objectionable. Examples of such objectionable User Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.

Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

Restricted verticals such as substance/drugs use, adult services, etc.

Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

Violating the privacy of any third person.

False information and features.

FirstThen reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any User Content or use of the Site is appropriate and complies with these Terms, and to refuse or remove any User Content, except that FirstThen will handle health care records and health care information in accordance with applicable law. FirstThen further reserves the right to make formatting and other such changes to any User Content, provided that such changes to health care records and health care information will be made only as necessary to provide the Services and in accordance with applicable law. FirstThen reserves the right to limit or revoke the use of the Site if you post objectionable User Content. As FirstThen cannot control all content posted by Users and/or third parties on the Site, you agree to use the Site at your own risk. You understand that by using the Site you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will FirstThen be liable in any way for any Content or User Content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content, except to the extent such liability cannot be excluded under applicable law.

‍You are responsible for all of your activity in connection with the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Site and/or the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User of the Site. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Site.

Beta / Trials / Early Features

We may offer certain features, tools, or services labeled as beta, pilot, early access, trial, or similar (“Beta Features”). Beta Features are provided “as is” and may be modified, suspended, or discontinued at any time without notice. Beta Features may be inaccurate, incomplete, or unreliable, and you assume all risk arising from their use. We have no liability for any harm or loss resulting from Beta Features to the maximum extent permitted by law.

FirstThen’s Liability

FirstThen makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Content. Any use of the Site and the Content is at your own risk. Changes are periodically made to the Site and may be made at any time. FirstThen further reserves the right to modify, suspend, or discontinue any service on or feature of the Site or any in-person services (including any changes to or removal of Content) at any time with or without notice to you, and FirstThen shall not be liable to you or to any third party should it exercise such rights. Some Content on the Site may be provided by third parties, including independent health care providers and affiliated professional entities, and FirstThen will not be held responsible for any such Content provided by third parties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. FIRSTTHEN DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR THE RELATED SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, FIRSTTHEN WILL NOT BE RESPONSIBLE FOR THOSE COSTS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR, OR ANY END USER’S, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE, ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIRSTTHEN, NOR ANY PERSON ASSOCIATED WITH FIRSTTHEN, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. TO THE FULLEST EXTENT PROVIDED BY LAW, FIRSTTHEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER FIRSTTHEN, NOR ANYONE ASSOCIATED WITH FIRSTTHEN, REPRESENTS OR WARRANTS THAT THE SITE AND ITS CONTENT, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FIRSTTHEN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO A FIRSTTHEN SITE IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE FIRSTTHEN FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. FIRSTTHEN IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE SITE.

Disclaimer of Certain Damages and Limitation on Liability

Your use of the Site is at your own risk. If you are dissatisfied with any of the Content, other contents, any Service on, or feature of the Site or with these Terms, your sole remedy is to discontinue use of the Site. IN NO EVENT WILL FIRSTTHEN OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIRSTTHEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE FIRSTTHEN’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW. In no event shall the total liability of FirstThen to you for all losses and damages, including for any implied warranties, exceed the greater of fifty U.S. dollars (US $50.00) or the total amount you paid FirstThen to use any product of, Service on, or feature of the Site in the twelve (12) months prior to the date of an initial claim made against FirstThen.

These limitations are an essential basis of the bargain between you and FirstThen and apply even if a remedy fails of its essential purpose.

Links to Other Sites

The Site may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by FirstThen of the contents on such third-party websites. FirstThen is not responsible for the content of linked third- party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

Release

You hereby release and forever discharge FirstThen (and our officers, advisors, investors, employees, contractors, agents, successors, and assigns) and all third parties providing services through or in connection with the Site from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or any products or services obtained through the Site (including any interactions with, or act or omission of, other Site Users or any third-party websites, links and ads).

Indemnity

You agree to defend, indemnify, and hold harmless FirstThen, its affiliates, officers, directors, employees, advisors, investors, contractors, agents, licensors, and any third parties providing services through or in connection with the Site from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your access to or use of the Services, (ii) your User Content, (iii) your violation of these Terms or any law or regulation, or (iv) your infringement or misappropriation of any third-party right. We may assume, at your expense, the exclusive defense and control of any matter subject to indemnification, and you will cooperate with our defense.

Confidentiality

“Confidential Information” means code, inventions, know-how, product plans, inventions, and technical and financial information exchanged under these Terms of Use, that are identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed.

Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party’s Confidential Information to third parties except as permitted by the Terms of Use; and (ii) only use the other party’s Confidential Information to fulfill its obligations and exercise its rights under the Terms of Use. Each party may share the other party’s Confidential Information with its, and its affiliates’, employees, agents or contractors having a legitimate need to know (which, for FirstThen, includes any subcontractors, vendors and third party providers we may use), provided that the party remains responsible for any recipient’s compliance with the terms of this Section and that these recipients are bound to confidentiality obligations no less protective than this Section.

These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party before it received the Confidential Information; (iii) is rightfully obtained by the receiving party from a third-party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving party without using the disclosing party’s Confidential Information. A party may also disclose the other party’s Confidential Information to a party’s advisors, attorneys, actual or bona-fide potential acquirers, investors or other sources of funding (and their respective advisors and attorneys) for due diligence purposes, or to the extent required by law or court order, provided it gives advance notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Copyright Policy

FirstThen respects the intellectual property rights of others. It is FirstThen’s policy, at its discretion and when appropriate, to terminate the accounts of Users who may infringe or repeatedly infringe the copyrights of third parties. To submit a copyright infringement notification to FirstThen relating to the Site, including but not limited to User submissions or Content, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) or, as applicable, other laws, by providing the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our agent to receive notification of claimed copyright infringement can be reached via legal@firstthen.com.

Dispute Resolution

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH FIRSTTHEN AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services provided by FirstThen that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement (this “Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and FirstThen, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to FirstThen should be sent to:
FirstThen, Inc.

Attn: Legal Department

legal@firstthen.com

After the Notice is received, you and FirstThen may attempt to resolve the claim or dispute informally. If you and FirstThen do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the State of Texas, unless the parties agree otherwise. If you reside outside of Texas, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or FirstThen pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and FirstThen, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and FirstThen.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and FirstThen in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FIRSTTHEN WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This confidentiality obligation is in addition to, and does not limit, any confidentiality obligations regarding protected health information or other confidential information under applicable law, including HIPAA, or under our Privacy Policy. Given the sensitive nature of wellness services facilitated through the Site and Platform, parties acknowledge that arbitration proceedings may involve highly sensitive personal health information requiring enhanced confidentiality protections. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement, including the rights set forth in this Arbitration Agreement as they apply to the party asserting the claim.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with FirstThen.

Small Claims Court. Notwithstanding the foregoing, either you or FirstThen may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. This includes, but is not limited to, relief related to the protection of confidential health information, prevention of unauthorized access to the Services, or enforcement of intellectual property rights. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Governing Law and Jurisdiction. All legal issues arising from or related to your use of the Site, participation in Services, and these Terms shall be construed in accordance with and governed by the laws of the State of Texas applicable to contracts entered into and performed within the State of Delaware. Solely in the event that the foregoing Arbitration Agreement permits the parties to litigate in court (a) the parties hereby agree that all matters relating to the Site, the Services, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) and (b) any legal suit, action, or proceeding arising out of, or related to, these Terms, the Site, or any Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Venue and Forum Waiver. To the fullest extent permitted by law, you hereby waive any objection which you may now or hereafter have to an inconvenient venue and/or forum by way of arbitral proceeding in the State of Texas. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Site from the U.S. or receiving Services in the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute, claim, or cause of action arising from these Terms, your use of the Site, or your receipt of any Services shall be governed by the applicable law set forth above, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs.

Specifically excluded from application to these Terms is the United Nations Convention on Contracts for the International Sale of Goods.

General

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the use of the Site and the Services, provided, however, that certain features or premium content accessed through the Site may require your acknowledgment of separate terms or agreements with FirstThen, which shall supplement and be incorporated by reference into these Terms. In the event of any conflict between these Terms and such separate terms or agreements, the separate terms or agreements shall control with respect to the specific features or content to which they relate. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to FirstThen is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FirstThen’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. FirstThen may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright © 2026. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

In the event of a complaint, or to request further information, FirstThen may be contacted in writing by email at legal@firstthen.com.