Please read the following Terms of Service (“Terms of Service” or “Terms”) carefully. NOTE THAT THESE TERMS INCLUDE YOUR (i) WAIVER OF JURY TRIAL, (ii) WAIVER OF INVOLVEMENT IN CLASS ACTION LITIGATION, (iii) LIMITATIONS OF LIABILITY, (iv) AGREEMENT TO A TWO-YEAR LIMITATION PERIOD FOR THE FILING OF ANY LEGAL CLAIMS, AND (v) AGREEMENT TO PARTICIPATE IN AN INFORMAL DISPUTE RESOLUTION PROCESS. ALL OF THE FOREGOING SHALL APPLY TO THESE TERMS AND THE SEPARATE INFORMED CONSENT FOR MRI SCREENING SERVICES TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE PROFESSIONAL HEALTH SERVICES OR OTHER LAW. 

1. General Agreement. These Terms of Service apply to (a) your access to and use of any website or mobile application maintained by Innovative Body Scan d/b/a/ Dragonfly (“Dragonfly” or “us”) to which these Terms of Service are attached(each, a“Site,” and collectively, the “Sites”); (b) administrative and technical services provided by Dragonfly through or in connection with the Sites (the “Platform Services”); (c) Materials (as defined in Section 8); and (d) the provision of preventive magnetic resonance imaging (“MRI”) screening, MRI reading and interpretation, Telehealth (defined below), and related services to and/or for me (collectively, “Screening Services” and, together with the Platform Services as well any elected additional services provided by or for Dragonfly and/or its affiliated medical practices, the “Services”). As used herein, “you” refers to you and any minor for whom you are using or obtaining Services as the minor’s parent or legal guardian.

The Screening Services, as further addressed in the separate Informed Consent for MRI Screening Services (the “Consent”), are provided by Dragonfly and/or its affiliated medical practices, which vary depending on the location where you receive services (collectively, “Dragonfly Medical”). The Consent is hereby incorporated by reference.

Dragonfly Medical includes the affiliated medical practices set forth in the Consent, which may be updated from time to time. To provide the Screening Services, Dragonfly or Dragonfly Medical (as applicable) employ or contract with physicians and allied health professionals (each, a “Professional”), which consist primarily of radiologists, physicians, and nurse practitioners. The Screening Services will be provided in part by Dragonfly Medical and/or a Professional via Dragonfly’s online telehealth platform and other communications channels to provide consultation regarding any clinically significant findings from your MRI (“Telehealth”), including the associated exchange of personal and health information, email, telephone communication, and educational material.

Dragonfly Medical and the Professionals are third-party beneficiaries of these Terms. The handling of personal information in connection with the Services is described in our Privacy Notice and the applicable Dragonfly or Dragonfly Medical Notice of Privacy Practices.

2. Provision of the Services. You understand and agree that the Platform Services are provided “as-is” and that Dragonfly assumes no responsibility for the availability or functionality of the Platform Services, or for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Your use of the Services is subject to applicable regulations and other laws as well as the applicable product and/or service terms of any applicable third-party. Dragonfly and Dragonfly Medical do not offer medical treatment or perform any clinical health services other than Screening Services subject to these Terms and the terms set forth in the Consent. 

Dragonfly and Dragonfly Medical are not enrolled with any federal or state healthcare payment programs (e.g., Medicare, Medicaid) with respect to the provision of any healthcare products or services, and, accordingly, neither you nor Dragonfly nor Dragonfly Medical may receive payment from such programs for Services provided or made available by Dragonfly. By choosing to use the Platform Services, you understand and agree that you are choosing to purchase healthcare products and services via a Site on a self-pay basis, without any financial assistance from any federal or state healthcare payment program, and that you are solely responsible for the costs of such products and services. Moreover, neither Dragonfly nor Dragonfly Medical shall be obligated to submit a claim for reimbursement to any federal or state healthcare payment assistance program for the costs of any Services. Dragonfly does not file insurance claims nor provide referrals to any physician group or hospital. 

Dragonfly only arranges for Screening Services in specific locations in the United States. Moreover, you must be a resident of the state where you undergo an in-person MRI screening as part of the Screening Services, because any associated Telehealth will be conducted by a Professional who is appropriately licensed as a healthcare professional in that state. Before scheduling a Screening Service, please review the list of available locations to confirm your proximity to a location.

3. No Reproduction or Publication. Images, text, or other information posted or found on the Platform Services are solely for use in connection with the Services in accordance with these Terms of Service and may not be used, reproduced, or published for any other purpose, commercial or otherwise, without the express written permission of Dragonfly and the owner of the images, text, or other information.

4. Prohibited Conduct. In connection with your use of the Platform Services, you agree not to, directly or indirectly:  

a. use or access the Sites (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;

b. conduct activities that may be harmful to others or that could damage Dragonfly’s reputation;

c. violate or encourage others to violate any right of a third party, including by infringing or misappropriating any third-party intellectual property right or violating any third-party privacy right or right of publicity;

d. post, upload, or distribute marketing or advertising links or content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

e. use scrapers, robots, or other data gathering devices not provided by Dragonfly on or through the Sites;

f. interfere with security-related features of the Sites, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Sites, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;

g. interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) attempting to collect personal information or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;

h. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, or accessing any other services account without permission;

i. modify, translate, or create derivative works, adaptations or compilations of, or based on, the Services or part thereof, or use, copy or reproduce the Sites or any part thereof other than as expressly permitted in these Terms of Service or by applicable law (e.g., as to fair use under copyright law); or

j. attempt to do any of the acts described in this Section or assist or permit any person to engage in any of the acts described in this Section.

5. Third-Party Services and Linked Websites. The Sites may provide links to other websites or Internet resources. Dragonfly has no control over such websites and resources and is not responsible for the availability or content of such external websites or resources. Dragonfly shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource. 

6. Termination of Access and Use; Discontinuation and Modification of the Services. If you violate any provision of these Terms of Service, your permission from us to use the Platform Services automatically terminates. In addition, Dragonfly may in its sole discretion terminate your access to the Platform Services at any time for any reason or no reason, with or without notice, provided that we will not without good cause terminate your right to use Platform Services with respect to any Screening Services already performed. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, with or without notice provided that we will not without good cause discontinue your ability to receive consultation with respect to any Screening Services already performed. 

7. Modification of these Terms of Service. We reserve the right to change these Terms of Service on a going-forward basis at any time. Please check these Terms of Service periodically for changes. If a change to these Terms of Service modifies any material user rights or obligations, we will provide you with notice by email (if you have scheduled a Screening Service) and/or by posting notice of the modification on the Sites for a reasonable period of time. Any disputes concerning or related to the Services will be resolved in accordance with the version of these Terms of Service that was in effect at the time the dispute arose. 

8. Ownership; Proprietary Rights. The Platform Services are owned and operated by Dragonfly. The visual interfaces, graphics, other content, design, compilation, computer code (including source code or object code), products, software, information services, and all other elements of the Platform Services (“Materials”), which for the avoidance of doubt do not include Your health information, are protected by intellectual property and other laws. All Materials are the property of Dragonfly or its third-party licensors. Dragonfly reserves all rights in and to the Materials. 

9. Indemnity. To the fullest extent permitted by applicable law, you will defend and indemnify Dragonfly, Dragonfly Medical, Professionals, and their respective affiliates, and their respective members, managers, officers, directors, employees, agents, representatives, licensors, and service providers (“Indemnified Parties”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of: (a) your violation of these Terms of Service (including the Consent) or any applicable law; (b) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right in connection with your use of the Services; (c) any dispute or issue between you and any third party concerning the Services, except to the extent such dispute or issue is caused by an Indemnified Party; and (d) all claims pertaining to the Services or your use of the Services that arise from or allege negligence, fraud, or intentional misconduct committed by you or on your behalf. Without limiting the foregoing, the Indemnified Party(ies) reserve the right, at their own expense and in their sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and, in that case, you agree to cooperate with the defense of that claim. 

10. Disclaimers (Platform Services). The information and guidance on or through the Sites is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You should consult your healthcare providers to rule out other potential illnesses or conditions that may be causing their symptoms. Any health-related claims made on the Sites have not been evaluated by the Food and Drug Administration (FDA). Dragonfly assumes no responsibility or liability for any errors or omissions in any Materials, content and content of the references nor for any actions taken in reliance thereon.

THE PLATFORM SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE PLATFORM SERVICES AND ANY MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE PLATFORM SERVICES, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DRAGONFLY DOES NOT WARRANT THAT THE PLATFORM SERVICES OR ANY PORTION OF THE PLATFORM SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW OR A DISCLAIMER OF OTHER WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. Limitation of Liability (all Services).

a. EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT DRAGONFLY, DRAGONFLY MEDICAL, AND PROFESSIONAL(S) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF DRAGONFLY, DRAGONFLY MEDICAL AND THE APPLICABLE PROFESSIONAL(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, RESULTING FROM, ARISING FROM, OR RELATED TO: (A) THE SERVICES OR MY USE OF OR INABILITY TO USE THE SERVICES; (B) THESE TERMS OF SERVICE (INCLUDING THE CONSENT); (C) ANY DEFECT OR FAILURE OF MRI OR OTHER EQUIPMENT OR ANY PREMISES CONDITION AT ANY IMAGING LOCATION TO WHICH YOU ARE DIRECTED IN CONNECTION WITH THE SERVICES; (D) ANY ABUSIVE OR OTHERWISE IMPROPER CONDUCT BY YOU IN CONNECTION WITH THE SERVICES (WHETHER IN-PERSON OR VIA TELEHEALTH); (E) ANY INCOMPLETE OR INACCURATE INFORMATION PROVIDED BY OR CONCERNING YOU; (F) YOUR FAILURE TO COOPERATE OR FOLLOW REASONABLE INSTRUCTIONS; (G) THE LIMITATIONS OF MRI TECHNOLOGY AND TELEHEALTH; OR (H) ANY SERVICES PROVIDED BY A THIRD PARTY (i.e., A PERSON OR ENTITY OTHER THAN DRAGONFLY, DRAGONFLY MEDICAL, AND APPLICABLE PROVIDER(S)) (THE FOREGOING (A)-(H), A “COVERED CLAIM”).

b. YOU AGREE THAT IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IF A MONETARY REMEDY IS NONETHELESS AVAILABLE TO YOU, YOU AGREE THAT THE AGGREGATE MONETARY REMEDY AVAILABLE TO YOU IN CONNECTION WITH ANY SET OF RELATED CLAIMS ASSERTED AGAINST ANY OF THE DRAGONFLY PARTIES (DEFINED BELOW) ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, SHALL BE $100,000.00.

c. NOTWITHSTANDING THE PREVIOUS TWO PARAGRAPHS, SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY; IF SO, THOSE LIMITATIONS DO NOT APPLY TO YOU. IF ANY PORTION OF THE FOREGOING LIMITATIONS IS IMPERMISSIBLE UNDER APPLICABLE LAW AND/OR IS HELD TO BE INVALID, THE REMAINING PORTION(S) OF SUCH LIMITATIONS SHALL BE AND REMAIN VALID TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. ACCORDINGLY, INCLUDING AS SET FORTH IN THE “CONSUMER PROTECTION NOTICE” SECTION BELOW, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR TO CERTAIN OF YOUR CLAIMS. 

d. YOUR AGREEMENT TO THE FOREGOING LIMITATIONS OF LIABILITY IS A FUNDAMENTAL AND MATERIAL TERM OF THE BARGAIN BETWEEN DRAGONFLY, DRAGONFLY MEDICAL, ON THE ONE HAND, AND YOU, ON THE OTHER HAND. 

12. Trademark Information. Dragonfly’s logos and product and service names are trademarks of Dragonfly and/or its licensor. All rights in and to such trademarks are fully reserved by Dragonfly. You agree not to display or otherwise use any such trademarks in a manner that constitutes trademark infringement or unfair competition. 

13. Dispute Resolution; Venue; Class Action Waiver. In order to expedite and control the cost of disputes, you agree that any legal or equitable Covered Claim, including any claim arising under these Terms of Service (including the Consent) or otherwise related to the Services, regardless of whether such claim is based on contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether such claim is asserted against Dragonfly, Dragonfly Medical, or, to the fullest extent permitted by applicable law, Professional(s) (each, a “Dragonfly Party”)will be resolved as follows:

a. Informal Resolution: You and the Dragonfly Party(ies) will first attempt to resolve the claim informally. To comply with this provision, you must send a written notice setting forth your dispute to operations@dragonflyscan.com and communicate with us in a responsive and reasonable manner, while the parties engage in good faith attempts to resolve the dispute, for at least a three week period after we receive and acknowledge such notice. 

b. Formal Resolution: If you comply with the foregoing Informal Resolution provision, but you and the Dragonfly Party(ies) are unable to informally resolve the claim, you may file a lawsuit only (i) in the county and state where you obtained an in-person MRI screening as part of the Services, if applicable, or, (ii) the state or federal courts located in Travis County, Texas, and you hereby consent to the personal jurisdiction and venue thereof and waive all objections thereto. If you do not comply with the foregoing informal dispute resolution provision, you agree to submit the claim to the exclusive jurisdiction of the state or federal courts located in Travis County, Texas, and you hereby consent to the personal jurisdiction and venue thereof and waive all objections thereto.

c. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (i) YOU A AGREE THAT YOU MAY BRING CLAIMS CONCERNING OR RELATING TO THE SERVICES AGAINST THE DRAGONFLY PARTY(IES) IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, AND (ii) UNLESS BOTH YOU AND THE DRAGONFLY PARTY(IES) AGREE, NO JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS CONCERNING OR RELATING TO THE SERVICES OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING CONCERNING OR RELATING TO THE SERVICES.

14. Governing Law. These Terms of Service are governed by the laws of the State of Texas without regard to conflict of laws principles; provided, however, that the applicable healthcare law of the state where you obtained a MRI screening as part of the Screening Services shall apply to the extent so required pursuant to such law.

15. Limited Time to File Claims. To the fullest extent permitted under applicable law, no Covered Claim, regardless of whether such claim is based on contract, tort, (including negligence), strict liability, or any other legal theory shall be brought by you more than two (2) years after the accrual of the claim. This period shall not be extended for any reason, except by the written consent of all parties. All statutes or provisions of law which would toll or otherwise affect the running of such period of limitation are hereby waived, and no statute or provision of law shall operate to extend the period limited in this section, to the fullest extent permitted under applicable law.

16. Contact Information. You may contact us concerning these Terms by emailing us at operations@dragonflyscan.com or writing to us at 2151 Forth Worth Avenue, Dallas, TX 75211. 

17. Consumer Protection Notice. Please note that, if you are a consumer, the limitations in these Terms of Service are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.

Moreover, all applicable consumer protection laws apply. For example, if you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services. 

Also by way of example, if you are a New Jersey consumer, the terms in certain sections above may not limit or waive your rights under New Jersey law. The limitations in these Terms of Service are intended to be only as broad and inclusive as to a New Jersey resident as is permitted by the laws of the State of New Jersey. Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the State of New Jersey and under the laws of your state of residence.  

18. Reformation of Terms. The failure of Dragonfly to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give maximum effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Service shall remain in full force and effect.

SMS

SMS Terms & Conditions

a. Consent: In connection with your use of the Services, we will assume that you consent to the receipt of informational SMS text messages for appointments and other aspects of the Services purchased by you, unless you opt-out (as set forth below). You may consent or decline marketing text messages by checking the indicated box where provided. You may reply STOP (or words of similar effect) to opt-out at any time. Reply HELP for assistance. Messages and data rates may apply. Message frequency will vary

b. Other terms: The information (phone numbers) obtained as part of the SMS consent process will not be shared with third parties for their own marketing purposes.

Effective date: April 8, 2026