July 1, 2026

Terms of Service

PLEASE READ THESE TERMS CAREFULLY. SECTION 14 (DISPUTE RESOLUTION) CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING CLAIMS IN COURT OR PARTICIPATE IN A CLASS ACTION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 14.3.

Acceptance

These Terms of Service (“Terms”) are a binding agreement between you and Dannce.AI, Inc. (“Dannce,” “we,” “us”). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

The Services

“Services” means, collectively, Dannce’s mobile and web applications, websites, software, application programming interfaces, video recording, processing, and analysis functionality, the Service Outputs, and all related products, features, content, and services that Dannce makes available, together with any updates, upgrades, enhancements, new features, and successor offerings. References to the Services include all of the foregoing whether accessed by End Users or Clinic Users. The Services operate in clinician-mediated mode. A clinic invites you, and authorized Clinic Users (as defined below) may review your recordings. The Services are not a substitute for professional medical care.

Users of the Services fall into two categories: (a) “End Users,” individuals invited by a clinic who create recordings and submit content through the Services; and (b) “Clinic Users,” clinicians and other authorized personnel of a clinic who access the Services to review End User recordings and administer their clinic’s account. Except where these Terms expressly state otherwise, references to “you” apply to both End Users and Clinic Users. Clinic Users access and use the Services subject to both these Terms and their clinic’s separate agreement with Dannce; in the event of a conflict, the clinic agreement governs with respect to a Clinic User’s use.

Dannce may modify, update, suspend, or discontinue the Services, or any feature or component of the Services, in whole or in part, at any time, with notice where practicable. Dannce will not be liable to you for any modification, suspension, or discontinuation of the Services, except as expressly provided in these Terms.

Eligibility

You must be at least 18 years old to create an account. If you are using the Services on behalf of a clinic or organization, you represent that you have authority to bind that organization to these Terms.

Your Account

You are responsible for the confidentiality of your account credentials and for activity under your account. Notify us promptly at security@dannce.ai of any unauthorized access. We may suspend or terminate accounts that violate these Terms.

Licence to Use the Services

Subject to these Terms, Dannce grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, or, if you are a Clinic User, in accordance with your clinic’s agreement with Dannce.

You agree not to, and will not permit any third party to: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or disassemble the Services, or attempt to derive the source code, models, or algorithms, except to the extent applicable law prohibits this restriction; (c) sell, sublicense, rent, lease, or otherwise commercially exploit the Services; (d) access or use the Services to build or train a competing product or model; (e) circumvent or interfere with any security, access-control, or usage-limit feature; (f) use any robot, scraper, or other automated means to access or extract data from the Services; (g) upload or transmit any unlawful, infringing, or harmful content or any malicious code; or (h) use the Services in violation of any applicable law or these Terms.

Your Content; Data-Use Consent; Ownership

You retain ownership of recordings, questionnaire responses, and other content you submit (“Your Content”). You grant Dannce a limited, revocable, royalty-free, worldwide license to host, store, process, transmit, and display Your Content solely to provide and improve the Services for you and your clinic. This license terminates when you delete Your Content or your account, subject to retention requirements in our Privacy Policy. Notwithstanding anything to the contrary herein, content that a Clinic User submits in connection with the clinic’s account, including clinical notes and annotations, is governed by the clinic’s agreement with Dannce rather than this Section 6.

Because recordings may capture full-body images and movement data, Your Content may include biometric identifiers or biometric information. You consent to Dannce’s collection and use of such biometric data as described in our Privacy Policy, which sets out our notice, retention-and-destruction schedule, and handling practices. Dannce does not sell, lease, or trade your biometric data.

You represent and warrant that you have the right to provide Your Content and that it does not infringe the rights of any third party. You further represent that you have obtained all consents required to create and submit the recordings you provide, including the consent of any other individual who appears or is captured in a recording.

Dannce and its licensors own all right, title, and interest in and to the Services, including the software, algorithms, and models, and all results, analyses, scores, measurements, and other outputs the Services generate from Your Content (collectively, “Service Outputs”). As between you and Dannce, Dannce owns the Service Outputs, subject to your ownership of Your Content and, for Clinic Users, the clinic’s agreement with Dannce. Dannce may create, own, and use de-identified or aggregated data derived from Your Content, provided that such data does not identify, and is not reasonably capable of identifying, you.

If you believe content available through the Services infringes your copyright, you may notify Dannce’s designated agent at legal@dannce.ai with the information required under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), including identification of the copyrighted work, identification of the allegedly infringing material, your contact information, and a statement of your good-faith belief. Dannce may remove allegedly infringing content and will, in appropriate circumstances, terminate the accounts of repeat infringers.

No Medical Advice; Not a Medical Device

The Services are not a medical device and are not intended to diagnose, treat, cure, or prevent any disease. Information provided through the Services is not medical advice and is not a substitute for the judgment of a qualified healthcare professional. The Services do not direct, validate, or replace the independent clinical judgment of Clinic Users, who remain solely responsible for any clinical decisions they make. Always consult a qualified healthcare provider with questions about a medical condition. In an emergency, dial your local emergency number.

Privacy

Our collection, use, and disclosure of personal information are described in our Privacy Policy, incorporated into these Terms by reference.

Dannce processes recordings and related information on behalf of your clinic. To the extent Dannce creates, receives, maintains, or transmits protected health information (“PHI”) on behalf of a clinic that is a covered entity (or its business associate) under the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”), Dannce does so as a business associate under a separate Business Associate Agreement (“BAA”) between Dannce and the clinic. In the event of a conflict between these Terms and the BAA with respect to PHI, the BAA governs. Notwithstanding Section 9, retention and deletion of PHI that Dannce maintains on behalf of a clinic is governed by the BAA, the clinic’s instructions, and applicable law, and such PHI may be retained by the clinic after you delete your account.

Account Deletion and Termination

You may delete your account at any time within the app under Settings → Account → Delete Account, or by emailing privacy@dannce.ai; we will complete deletion within 60 days, subject to retention requirements in our Privacy Policy and applicable law. We may suspend or terminate your account or the Services if you materially breach these Terms, after notice where practicable. Sections 6 (except for the first paragraph), 7, 8 (last paragraph), 10, 11, 12, 13, 14, 15, and 16 survive termination.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DANNCE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Services may link to or interoperate with third-party products, services, or content that Dannce does not control. Dannce is not responsible for, and makes no warranties regarding, any third-party products, services, or content, and your use of them is at your own risk and subject to their applicable terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DANNCE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA. DANNCE’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DANNCE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR (i) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (ii) DEATH OR PERSONAL INJURY CAUSED BY DANNCE’S NEGLIGENCE, (iii) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (iv) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify and hold Dannce harmless from third-party claims arising from (i) your willful misconduct or fraud, (ii) your unlawful use of the Services, or (iii) your material breach of these Terms. You are not responsible for claims arising from Dannce’s negligence, willful misconduct, breach, or violation of law.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this section limits any non-waivable consumer-protection rights under the law of your jurisdiction of residence.

Subject to Section 14 (Dispute Resolution), any claim or dispute that proceeds in court rather than arbitration will be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of, and venue in, those courts. This Section does not limit any small-claims action permitted under Section 14.4 or any non-waivable right to bring an action in the courts of your jurisdiction of residence.

Dispute Resolution

IMPORTANT: This Section 14 requires most disputes between you and Dannce to be resolved through binding individual arbitration rather than in court, and it waives your right to participate in a class, representative, or consolidated action. It also describes your right to opt out of arbitration within 30 days (Section 14.3) and the carve-outs that apply (including small-claims actions and public injunctive relief). Please read it carefully.

14.1 Information Resolution

Before filing any claim, you agree to contact us at legal@dannce.ai and attempt to resolve the dispute informally for at least 30 days.

14.2. Binding Arbitration

Except as set forth below, any dispute will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards. Arbitration will be conducted in the U.S. county where you reside or, at your election, by videoconference or telephone. Dannce will pay all JAMS administrative and arbitrator fees in excess of the amount you would pay to file a comparable action in court.

14.3. Right to Opt Out

You may opt out of arbitration by emailing legal@dannce.ai within 30 days of first accepting these Terms with the subject line “Arbitration Opt-Out.” The remainder of these Terms continues to apply.

14.4. Small-Claims Carve-Out

Either party may bring an individual action in small-claims court within that court’s jurisdiction.

14.5. Class Action Waiver and Public Injunctive Relief

Claims must be brought individually and not as part of a class, representative, or consolidated action. Nothing in this Section 14 waives any non-waivable right to seek public injunctive relief, including under California Civil Code Section 3513 and McGill v. Citibank, N.A.

14.6. No Confidentiality; Right of Appeal Preserved

This Section 14 does not require that arbitration be conducted on a confidential basis and does not waive any party’s right to appellate review under the Federal Arbitration Act.

14.7. Severability

If any portion of this Section 14 is held invalid or unenforceable, the remainder continues to apply, except that if the class-action waiver is held invalid in a particular dispute, that dispute will be brought in court rather than arbitration.

Apple App Store Additional Terms

If you obtained the iOS application through the Apple App Store, the following additional terms apply, and you acknowledge and agree as follows:

15.1. No Agreement with Apple

These Terms are between you and Dannce only, not Apple, and Dannce, not Apple, is solely responsible for the iOS application and its content.

15.2. Scope of Licence

The license granted to you for the iOS application is a limited, non-transferable license to use the application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

15.3. Maintenance and Support

Dannce is solely responsible for providing any maintenance and support services with respect to the iOS application, as required under applicable law or these Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.

15.4. Warranties

Dannce is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the iOS application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Dannce’s sole responsibility.

15.5. Product Claims

Dannce, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS application or your possession and/or use of it, including (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the application’s use of any health-related or biometric data.

15.6. Intellectual Property Rights

In the event of any third-party claim that the iOS application or your possession and use of it infringes that third party’s intellectual property rights, Dannce, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

15.7. Legal Compliance

You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

15.8. Third-Party Beneficiary

You and Dannce acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the iOS application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Miscellaneous

These Terms (with the Privacy Policy and any clinic-facing agreement) are the entire agreement between you and Dannce regarding the Services. We may update these Terms with notice of material changes and an effective date; continued use after the effective date constitutes acceptance. We may assign these Terms in a business transaction; you may not assign without our consent. Failure to enforce a provision is not a waiver. If any provision is unenforceable, the rest remain in effect.

You consent to receive communications from Dannce electronically, including by email to the address associated with your account or by notices posted within the Services, and you agree that such electronic communications satisfy any legal requirement that a communication be in writing. Dannce will provide notices required under these Terms, including notice of material changes and any notice relating to Section 14, by email or in-app notification. You are responsible for keeping your account email address current.

Email: legal@dannce.ai
Mail: Dannce.AI, Inc., 155 Federal St Ste 501, Boston, Massachusetts 02110-1727