Essos Terms of Service

Last Updated Date: November 18th, 2025


THESE CLIENT TERMS APPLY TO CLIENTS ONLY. THESE CLIENT TERMS DO NOT APPLY TO PROVIDERS.

Welcome to the Essos platform (the “Platform”), which is owned and operated by Essos Technologies, Inc. (“Essos”, “we”, or “us”). The Essos Platform provides resources for health care providers worldwide (“Providers”) and allows clients (“Clients”) to find and book appointments with a Provider that will fit their needs.

This Terms of Use agreement (the “Client Terms”) sets forth the legally binding terms and conditions between us and Clients for their use of the Platform and any services provided through the Platform, as described on our website at https://www.essos.com/ (each, a “Service” and collectively, the “Services”). Please read these Client Terms carefully. By completing the registration process, and/or by accessing or using the Platform, you represent that: (1) you have read, understand, and agree to be bound by the Client Terms, (2) you are of legal age to form a binding contract with Essos, and (3) you have the authority to enter into these Client Terms personally. The term “you” refers to the Client identified as the user during the Platform registration process. If you do not agree to be bound by these Client Terms, you may not access or use this Platform or the Services.

DUE TO LAWS THAT APPLY TO SENSITIVE PERSONAL INFORMATION SUCH AS HEALTH INFORMATION, OUR SERVICES ARE NOT AVAILABLE TO RESIDENTS OF WASHINGTON, NEVADA, OR CONNECTICUT. BY ACCESSING OR USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT A RESIDENT OF ANY OF THESE STATES. IF WE BECOME AWARE THAT YOU ARE A RESIDENT OF WASHINGTON, NEVADA, OR CONNECTICUT, WE MAY DISCONTINUE YOUR ACCESS TO THE SERVICES AND DELETE YOUR PERSONAL DATA IN ACCORDANCE WITH APPLICABLE LAW.

ADDITIONALLY, DUES TO LAWS THAT APPLY TO BIOMETRIC DATA, FACIAL RECOGNITION AND RELATED BIOMETRIC FEATURES ARE NOT AVAILABLE TO USERS LOCATED IN OR RESIDENTS OF ILLINOIS, TEXAS, WASHINGTON OR COLORADO. USERS IN THESE STATES MAY NOT USE ANY FEATURE THAT COLLECTS, ANALYZES, OR STORES FACIAL OR BIOMETRIC DATA. WE MAY USE TECHNICAL MEASURES (SUCH AS GEOLOCATION RESTRICTIONS) TO ENFORCE THIS LIMITATION.


Supplemental Terms

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Client Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Client Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Client Terms and any applicable Supplemental Terms are referred to herein as the “Terms.”


Arbitration Agreement

PLEASE BE AWARE THAT SECTION 13 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND ESSOS. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 13 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 13 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.  


Updates to these Client Terms

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY ESSOS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Client Terms available within the Platform. We will also update the “Last Updated Date” at the top of these Client Terms. If we make any material changes, and you have registered with us to create an Account (as defined in Section 1 below), we will also send an email to you at the last email address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Platform and will be effective thirty (30) days after posting notice of such changes on the Platform for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Platform or thirty (30) days after dispatch of an email notice of such changes to registered users. Essos may require you to provide consent to the updated Terms in a specified manner before further use of the Platform and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE THEN-CURRENT TERMS.


MEDICAL ADVICE DISCLAIMER: ESSOS DOES NOT PROVIDE MEDICAL SERVICES, AND THE PLATFORM AND SERVICES ARE NOT DESIGNED TO PROVIDE OR OTHERWISE MAKE AVAILABLE ANY MEDICAL OR HEALTHCARE SERVICES. DO NOT USE THE PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. THE INFORMATION, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHIC, IMAGES AND OTHER MATERIALS CONTAINED ON THIS PLATFORM ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OF A MEDICAL CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT.


The Services.

  1. Purpose. Essos provides the Platform, which allows Clients to search for and identify a Provider as a potential fit for them and to book appointments with such Provider. As a Platform, while Essos allows Clients to book and pay for consultations or other services with Providers, Essos does not itself direct the delivery of any medical or healthcare or other professional services, nor does Essos provide insurance. In addition, a Client’s use of the Platform to connect with Providers does not create a provider-patient relationship between the Client and Essos. The actual terms and contract governing the relationship between the Client and Provider are directly between you and the relevant Provider. Essos’s role is strictly limited to facilitating your interaction with third-party medical providers and providing a marketplace of options for medical services. Essos is not a referral service and does not recommend or endorse any specific healthcare provider, clinic, or treatment. Essos does not offer advice regarding the quality of suitability of any particular healthcare provider, clinic, or treatment. Any ratings or information on the Platform consist of statements of opinion, not statements of fact or recommendation to utilize the services of any particular healthcare provider and are meant to assist you in making your own informed decisions, not as a guarantee of quality or outcome. You assume all responsibility in connection with choosing any healthcare provider, whether or not you obtained information about such healthcare provider through the Platform or Services or otherwise.

  2. Platform. The Platform includes the provision of integrated third-party video-conferencing functionality that may be used for virtual consultations, as well as tools to assist with finding Providers and scheduling consultations and other appointments, and processing payments for your consultations and other appointments on behalf of Providers. Notwithstanding Essos’s role in facilitating certain interactions between Clients and Providers, Essos cannot confirm that each Provider is who they claim to be, or that Providers have obtained all applicable licenses and permits necessary to provide you with medical or healthcare services. Essos does not assume any responsibility for the quality of a Provider’s services. When interacting with Providers, you should exercise caution to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER Essos NOR ITS AFFILIATES, LICENSORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS  (EACH AN “ESSOS PARTY” AND COLLECTIVELY, THE “ESSOS PARTIES”) ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CLIENTS OR PROVIDERS ON THE PLATFORM. 

  3. Updates. You understand that the Platform is evolving and may be constantly updated or updated from time to time. As a result, Essos may require you to accept updates to Platform. You acknowledge and agree that Essos may update the Platform with or without notifying you. You may need to update third-party software from time to time in order to use Platform.

  4. Essos Communications. 

    1. By entering into these Terms, using the Platform, or using the Services, you agree to receive communications from us, including via email. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account (as defined in Section 2 below) or your use of the Platform and Services, updates concerning new and existing features on the Platform,  and news concerning Essos.

    2. Essos may offer one or more mobile message programs (collectively, the “Message Service”) that allows users to receive SMS/MMS mobile messages. If any Message Service involves the transmission of marketing messages via SMS/MMS (rather than operational messages related to your use of the Platform and Services), we will require you to separately opt-in to such Message Service to participate in such Message Service. You agree that your use of the Message Service is governed by these Terms. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include marketing messages. You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at legal@essos.com. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 13 (Arbitration Agreement).

  1. Account. You may search for Providers and gain access to certain other Services without an Account. However, in order to gain access to certain features or functionality of the Platform, you may be required to set up an “Account” with us. When you set up an Account, you must provide us with your email address and you may be required to select a password (collectively, the “Account Credentials”), and such other information we request.  We reserve the right to reject your Account Credentials and deny you access to the Platform at any time, for any reason, in our sole discretion. You may not transfer or share your Account Credentials with any third party, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Platform are authorized to do so. If someone accesses our Platform using Account Credentials that we have issued to you, we will rely on those Account Credentials and will assume that it is really you or your representative who is accessing the Platform. You are solely responsible for any and all use of your Account and all activities that occur under or in connection with your Account Credentials. You agree to be responsible for any act or omission of any users that access the Platform under your Account that, if undertaken by you, would be deemed a violation of these Terms, and that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that your Account is being used without authorization. You agree not to register for more than one Account. Your Account Credentials will be treated in accordance with our Privacy Policy, which is located at https://www.essos.com/privacy-policy.

  2. Modification and Termination. You agree that we, in our sole discretion, may immediately suspend or terminate your access to the Platform or any part of the Services at any time, for any reason, in our sole discretion. We also reserve the right, at any time, to modify the Services or to modify, suspend, or discontinue the Platform, or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Services or modification, suspension, or discontinuance of the Platform. 

  3. Ownership

    1. Technology. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Platform, including the Platform (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Platform, according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Platform constitute trademarks, tradenames, service marks or logos (“Marks”) of Essos or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Platform will be governed by such third parties’ licenses and not by these Terms. 

    2. Platform License. Subject to your compliance with these Terms, Essos grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the features and functionality of the Platform.

    3. Feedback. You agree that submission of any ideas, suggestions, and/or proposals to Essos (“Feedback”) is at your own risk and that Essos has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services and/or Essos’s business. 

    4. Content. You acknowledge that all information you submit through the Platform and Services (“Your Content”), is your sole responsibility. This means that you, and not Essos, are entirely responsible for Your Content, and other users of the Platform, and not Essos, are similarly responsible for all information they share through the Platform and Services. By submitting Your Content, you grant Essos a fully paid, royalty-free, non-exclusive license to use, distribute, reproduce, publicly perform, and publicly display, Your Content (in whole or in part) solely for purposes of providing the Services. Specifically, if you use any AI Services, and you upload any of Your Content as Inputs into such AI Services, including without limitation, your Likeness, you hereby grant to Essos and any third-party provider of such AI Services, a fully paid, royalty-free, non-exclusive, perpetual, irrevocable, license to use and reproduce Your Content (including your Likeness, as applicable) submitted as Inputs into such AI Services solely as necessary to(a) generate the corresponding Outputs requested by you; and (b) improving and training the AI Services, including to train Models, but only in a de-identified or aggregated form that does not identify you or your Likeness. Further, Essos may distribute any such Outputs to your Provider or other third parties (as designated by you within the Services).  Essos will use Your Content in accordance with our  Privacy Policy. To the extent Essos uses Your Content to perform services on behalf of the relevant Providers, the relevant Providers’ privacy policies will apply and we encourage you to review those Providers’ privacy policy for more information. We may aggregate and/or de-identify the information and Your Content provided by you, including information and data on how the Services are used by you and other Clients. Essos reserves the right to disclose to and share such information and data with third parties in an anonymous and aggregate form at its discretion and to use such information and data to improve or evolve the Services and for any other legitimate business purposes.

    5. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Our Technology or Your Content or any portion thereof, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or Our Technology (including images, text, page layout or form) of Essos; (c) you shall not use any metatags or other “hidden text” using Essos’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Our Technology except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Platform; (f) you shall not access Our Technology in order to build a similar or competitive application or service; (g) except as expressly stated herein, no part of Our Technology may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Our Technology. Any future release, update or other addition to Our Technology shall be subject to these Terms. Essos, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Our Technology terminates the licenses granted by Essos pursuant to the Terms.

    6. Third-Party Materials. As a part of Our Technology, you may have access to materials that are submitted or hosted by another party. You agree that it is impossible for Essos to monitor such materials and that you access these materials at your own risk. We provide these materials only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third party materials.

  4. PROCESSING OF PAYMENTS THROUGH THE PLATFORM.

    1. Third-Party Payments Provider. Essos uses Stripe and its affiliates, offered by Stripe, Inc. (“Stripe”) as its third-party payments service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (“Third-Party Payments Provider”). If you book a consultation or other services with a Provider through the Service, you will be required to provide information required to process your payments on Provider’s behalf. You hereby consent and authorize Essos to store and share any information and payment instructions you provide with one or more Third-Party Payments Provider(s) (including, without limitation, Stripe) to the minimum extent required to complete your transactions. You hereby further consent and authorize any such Third-Party Payments Provider to share any such information and payment instructions to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Payments Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Payments Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Payments Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

    2. Taxes. Any payments processed by Essos on behalf of Provider through the Platform do not include any Sales Tax (defined below) that may be due. If Essos determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, Essos shall collect such Sales Tax in addition to applicable payments. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

  5. Interactions with Other Users.

    1. User Responsibility. You are solely responsible for your interactions with Providers with whom you interact; provided, however, that Essos reserves the right, but has no obligation, to intercede in disputes between you and a Provider (including, without limitation, any disputes related to payment or billing). You agree that Essos will not be responsible for any liability incurred as the result of such interactions.

    2. Release. You acknowledge that Essos does not have any control or authority over any Providers or Clients, and is not responsible for their actions and inactions. You hereby release Essos and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Platform and Services, including your interactions with Clients. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Essos or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform or any Services provided hereunder.

  6. AI Services. 

    1. Our Services utilize certain publicly available artificial intelligence and deep learning platforms, algorithms and models (“Models”) to generate certain responses (“Outputs”) based on the information submitted by you, or in response to queries or other inputs entered by you (“Inputs”) (collectively, the “AI Services”). Inputs submitted by you may include, but not be limited to, photographs of your face or body or other likeness (collectively, “Likeness”) that you submit to the AI Services, and such Inputs are considered Your Content. You acknowledge that the Outputs are based on your Inputs and Providers’ Inputs, as well as Models and information, and, that Essos has no control over any such Inputs, Models or information. Accordingly, all Outputs are provided “as is” and with “all faults”, and Essos makes no representations or warranties of any kind or nature with respect to any Outputs, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability. You are solely responsible for your use of your Outputs created through the Services, and you assume all risks associated with your use of your Outputs, including any potential copyright infringement claims from third parties or any disclosure of your Outputs that personally identifies you or any third party. Furthermore, Essos will have no liability for the unavailability of any Models, or any third party’s decision to discontinue, suspend or terminate any third-party provided Models. You understand that additional license requirements may apply to certain Models, and will be included in information for such Models as part of your use of the Services and that you must review and comply with such requirements for the Models used. 

    2. THE AI SERVICES (INCLUDING THE CHATBOT DESCRIBED BELOW) ARE STRICTLY FOR USE TO HELP YOU RESPOND TO CERTAIN QUERIES RELATED TO PROVIDERS AND THEIR PRACTICES. YOU AGREE THAT YOUR INPUTS AND YOUR CONTENT WILL BE RELEVANT TO THE PURPOSE OF RESPONDING TO SUCH QUERIES  AND FOR NO OTHER PURPOSE. Without limiting the generality of the foregoing, as a condition of use, you agree not to (and shall not permit any third party to) make available any content or information (including any Inputs) or take any action using the Services that: (i) may constitute, contribute to, depict, or encourage a crime, illegal or terrorist activity, or a violation or infringement of any third party’s rights; (ii) is unlawful, harmful, threatening, abusive, harassing, inflammatory, defamatory, libelous, discriminatory, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, vulgar, hateful, or is racially, ethnically, or otherwise objectionable (in our sole discretion); (iii) posts or submits a photograph of another person without that person’s permission; (iv) contains adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity, or graphic violence; (v) may create a risk of, glorify, encourage, or threaten violence, harm, physical or mental injury, emotional distress, death, disability, disfigurement, self-harm, or any other loss or damage to you or any other person or to any animal or to any property; (vi) exploits political agendas or “hot button” issues for commercial use, or that contains hate speech based upon the race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of an individual or group; (vii) you do not have the right to make available or to take under any law under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (viii) harms minors in any way, or solicits or otherwise attempts to gain any information from a minor; (ix) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content or other materials transmitted to or through the Services; (j) attempts to identify any anonymous user; (x) may constitute the receipt or provision or request of clinical services, including but not limited to the practice of medicine; or (xi) we deem in violation of Section 7.

    3. As part of the AI Services, Essos provides a chatbot that responds to Clients’ requests with automated replies, leveraging certain third party services or applications or Models to power the chatbot function, which are integrated into the chatbot function, including without limitation as made available by OpenAI LLC and its affiliates (each provider of such third-party service or application, a “Third Party Provider”). YOU, AND NOT ESSOS, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THESE FUNCTIONS, INCLUDING ANY USE OF THE RESULTS OF ANY SEARCH AND DECISIONS MADE OR ACTIONS TAKEN BASED ON ANY SEARCH YOU MAKE USING THE CHATBOT FUNCTION OR OTHER AI SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INFORMATION PROVIDED BY THE CHATBOT OR ANY OTHER AI SERVICES MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BY THIRD PARTY PROVIDERS, IS AT YOUR OWN RISK. BECAUSE CHATBOTS UTILIZE ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, OUR CHATBOT(S) MAY PROVIDE INFORMATION THAT IS AN INACCURATE RESPONSE TO YOUR REQUESTS IN ITS INTERACTIONS WITH YOU. YOU AGREE THAT Essos WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR THE CHATBOT (OR ANY OTHER AI SERVICES MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BY THIRD PARTY PROVIDERS) PROVIDING INACCURATE INFORMATION TO YOU.  

  7. Third-Party Websites, Applications and Ads.  The Services may contain links or other access to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) for your convenience, including to help you book travel or make other arrangements with respect to the procedures you elect with your Providers.  When you click on a link to a Third-Party Website or Third-Party Application, we may not always warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites or Third-Party Applications are not under the control of Essos.  Essos is not responsible for any Third-Party Websites or Third-Party Applications.  Essos provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith.  You use all links in Third-Party Websites and Third-Party Applications at your own risk.  When you leave our Website, this Agreement and our policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  1. Indemnification. You agree to indemnify and hold Essos and their respective parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Essos Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to (a) any breach by you of the terms of these Terms; (b) your access, use or misuse of the Service; (c) your failure to comply with any and all other applicable laws, orders, codes and regulations, in your use of the Service; (d) any access to the Service using your login information; and (e) your receipt of care or other services from, or interactions with, Providers, including medical or healthcare services.  Essos reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Essos in asserting any available defenses. This provision does not require you to indemnify any of the Essos Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Services.

  2. Disclaimer of Warranties and Conditions.

    1. No Liability for Conduct of Providers. YOU ACKNOWLEDGE AND AGREE THAT ESSOS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ESSOS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM ANY PROVIDERS RESTS ENTIRELY WITH YOU. Essos DOES NOT GUARANTEE THAT A PROVIDER WILL FULFILL ITS OBLIGATIONS TO YOU. YOU ACKNOWLEDGE AND AGREE THAT ESSOS HAS NO OBLIGATION TO RESOLVE ANY DISPUTES BETWEEN YOU AND A PROVIDER. 

    2. Services Not Intended as Medical Advice. ESSOS ACTS SOLELY AS A VENUE TO CONNECT CLIENTS WITH PROVIDERS. ESSOS IS NOT A MEDICAL PROFESSIONAL OR HEALTHCARE PROVIDER, AND WE DO NOT PROVIDE MEDICAL SERVICES, RENDER MEDICAL ADVICE OF ANY KIND, OR MAKE CLINICAL, MEDICAL, OR OTHER PROFESSIONAL DECISIONS. 

  3. Limitation of Liability.

    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Essos PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE APPLICATION. 

(A) Essos PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE.

(B) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(C) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. Essos MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Essos OR THROUGH SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(E) FROM TIME TO TIME, Essos MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ESSOS’ SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

  1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Essos PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT Essos HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SERVICES; OR (5) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN Essos PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN Essos PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN Essos PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 

  2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL Essos PARTIES BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED US DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN Essos PARTY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY AN ESSOS PARTY’S NEGLIGENCE; OR FOR (2) ANY INJURY CAUSED BY AN Essos PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

  3. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Essos AND YOU.

  1. Term and Termination. 

    1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Services, unless terminated earlier in accordance with the Terms. We may terminate and/or suspend the Services, your Account and/or these Terms in the event you breach any terms herein, or if required to do so by applicable law. If you want to terminate the Services provided by Essos, you may do so by closing your Account or notifying Essos at legal@essos.com.

    2. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services may also include deletion of your password and any related information, files and Your Content associated with or inside your Account (or any part thereof), including Your Content, unless we are required to retain a copy of Your Content in accordance with applicable law. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Essos will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

  2. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Essos and limits the manner in which you can seek relief from us. 

    1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Essos agree that any disputes, controversy, or claim arising out of or relating in any way to your access to or use of the Services, including the Platform, any communications you receive, or the Terms and prior versions of the Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Essos may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Essos may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed at the time you first became subject to this Terms but that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as disputes that may arise after the termination of this Terms.   

  1. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Essos. If that occurs, Essos is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Essos agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Essos agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.


To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Essos should be sent by email to legal@essos.com or regular mail to our offices located at 401 Broadway, Suite 1610 New York, NY 10013 USA. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute, including the specific relief sought. Essos will send Notice, including a description of the Dispute, to your email address or regular address on file.  It is your responsibility to ensure your email and regular address are correct and remain up to date. The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a Essos representative).  

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. 

The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

  1. Waiver of Jury Trial.  YOU AND Essos HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Essos are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

  1. Waiver of Class and Other Non-Individualized Relief. EACH OF ESSOS AND YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim.  Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 13.9 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Essos agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts designated by Section 15 below. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Essos from participating in a class-wide or mass settlement of claims.

  1. Rules and Forum.  The Terms evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested, you and Essos agree that either party shall have the right to finally resolve the Dispute through binding arbitration. 


The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration , except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the Account username (if applicable), as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Essos should be sent by email to legal@essos.com or regular mail to our offices located at 401 Broadway, Suite 1610 New York, NY 10013 USA. Essos will provide the Demand to your email or regular address on file. It is your responsibility to keep your contact information up to date.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).  

Unless you and Essos otherwise agree, or the Batch Arbitration process discussed in subsection 13.9 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).  

You and Essos agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 


You and Essos agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

  1. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Delaware and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 13.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch , subject to your right to object to that appointment.

  1. Authority of Arbitrator.  The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. 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 award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

  1. Attorneys’ Fees and Costs. Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules. 

  1. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Essos agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Essos by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Essos.

You and Essos agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

  1. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 401 Broadway, Suite 1610 New York, NY 10013 USA, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Essos’ rights.  If you opt out of this Arbitration Agreement, all other parts of this Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any Arbitration Agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any Arbitration Agreements with us you may enter in the future.

  1. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section 13.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.  However, if Section 13.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts designated by Section 15 below. You further agree that any Dispute that you have with Essos as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. 

  1. Modification. You and we agree that Essos retains the right to modify this Arbitration Agreement in the future.  Any such changes will be posted at https://www.essos.com/terms-of-service and you should check for updates regularly.  Notwithstanding any provision in this Terms to the contrary, we agree that if Essos makes any future material change to this Arbitration Agreement, it will notify you.   Your continued use of the Platform and/or Services, including the acceptance of products and services offered by Essos following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Terms with an Arbitration Agreement and you did not validity opt of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous Terms to arbitrate. Essos will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Terms.

  1. Amendment. We may change these Terms from time to time. Any such changes will become effective when posted on the Platform. If you object to any such changes, your sole recourse will be to cease using the Platform. Continued use of the Platform following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. 

  2. General Provisions. You are responsible for compliance with all applicable laws. The Terms and the relationship between you and us will be governed by the laws of the State of Delaware, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms or your use of the Platform that are not subject to Section 13 must be instituted exclusively in the federal or state courts located in New Castle County, Delaware, and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.  These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms, shown in boldface type, are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. These Terms along with the agreements referenced in these Terms constitute the entire agreement between you and us with regard to the matters described above. Essos shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

  3. Communications. The communications between you and us relating to the Platform use electronic means. For contractual purposes, you (a) consent to receive communications from us in an electronic form, whether via email or posting on the Platform or other reasonable means; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. If you have any questions about the foregoing, please contact us at the following e-mail address: legal@essos.com.

  4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Our Technology, please contact us at the following e-mail address: legal@essos.com. We commit to do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

  5. Consumer Complaints. For California Residents. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  6. Export Control. You may not use, export, import, or transfer Our Technology except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Our Technology, and any other applicable laws.  In particular, but without limitation, Our Technology may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Our Technology, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Our Technology for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Essos are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Essos products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.