Effective Date: 10/2/2025

These Terms and Conditions ("Terms") govern your access to and use of the Pear mobile application and related services, content, and tools (collectively, the "App"), which are provided by Pear Project Inc. ("Pear," "we," "us," or "our"). Please read these Terms carefully before using the App. By accessing or using Pear, you agree to be legally bound by these Terms. If you do not agree, do not use the App.

1. Overview of Services

Pear is a digital health platform designed to help individuals identify and connect with doctors who may be a good fit for their health needs. Using information you provide—such as symptoms, conditions, preferences, and other contextual data—Pear applies algorithms and clinical insights to suggest providers likely to have experience with similar cases.

Pear is not a healthcare provider. We do not practice medicine or provide medical advice, diagnosis, or treatment. Our services are informational in nature and intended to support, not replace, conversations with licensed healthcare professionals.

2. Use of Health and Personal Information

2.1 Information You Provide

By using the App, you may provide personal and health-related information, including symptoms, conditions, preferences, and medical history. This information may constitute Protected Health Information ("PHI") as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

You consent to our collection, use, and processing of this information to generate provider matches and to improve the App.

2.2 External Technologies & HIPAA Compliance

We may use third-party technologies, including large language models (LLMs), to process information and generate suggestions. These systems are deployed in isolated instances per user and governed by HIPAA-compliant agreements, including Business Associate Agreements (BAAs), as applicable.

Pear is not SOC 2 certified at this time. While we employ reasonable security practices, you acknowledge this limitation and accept the associated risks.

3. Data Sharing and Future Use

3.1 Current Use

We do not currently share your PHI with providers. All provider matching happens internally within the App.

3.2 Future Use (With Consent)

We may introduce features that allow matched providers to contact you proactively. If so, this will be entirely opt-in, and no outreach will occur without your prior explicit consent.

3.3 De-Identified and Aggregated Use

We may use your information in de-identified or aggregated form for analytics, research, commercial partnerships, advertising, or product development. No personally identifiable information will be sold or disclosed in these cases.

4. Medical Disclaimers and Limitations

Pear is not a substitute for professional medical advice or care. Any provider matches, health information, or educational content made available through the App is informational only.

You acknowledge and agree that:

• Pear does not verify the licensing, quality, experience, or conduct of providers listed or matched.
  
  
  

• You are solely responsible for selecting and engaging with any healthcare provider.
  
  
  

• Pear cannot be held responsible for the care you receive, any resulting harm, or the outcome of any medical interaction with a suggested provider.
  
  
  

You waive any right to hold Pear liable for injuries, losses, dissatisfaction, or negligence that may result from engaging with a matched provider.

You also agree not to interpret any content or output from the App as clinical decision support, treatment planning, or diagnosis for any specific condition. Pear does not provide personalized treatment advice and does not assume liability for decisions you make based on App content.

5. User Responsibilities

You agree to:

• Provide accurate, up-to-date information.
  
  
  

• Use the App for lawful purposes only.
  
  
  

• Not impersonate others or submit false information.
  
  
  

• Keep any login credentials confidential.
  
  
  

We reserve the right to suspend or terminate your access if you violate these Terms or misuse the App.

6. Changes to These Terms

We may update these Terms periodically. If changes are material, we will notify you through the App or by email. Continued use of the App after such notice constitutes acceptance of the revised Terms.

7. Limitation of Liability

To the fullest extent permitted by law, Pear and its affiliates, officers, employees, contractors, and licensors shall not be liable for any:

• Indirect, incidental, consequential, special, or punitive damages;
  
  
  

• Claims related to your interactions with healthcare providers;
  
  
  

• Loss of data, profits, goodwill, or other intangible losses;
  
  
  

• Reliance on App content or recommendations.
  
  
  

You agree not to bring any claim against Pear based on provider conduct, care quality, or any decisions made using information from the App.

In all cases, our maximum liability to you shall not exceed $100.

8. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

You agree that any legal action, suit, or proceeding arising out of these Terms or your use of the App shall be brought exclusively in the state or federal courts located in the Commonwealth of Virginia, and you irrevocably consent to their jurisdiction and venue. You waive any claim of inconvenient forum or improper venue.

Pear reserves the right to seek injunctive or equitable relief in any jurisdiction to protect confidential information or intellectual property.

9. Regulatory Status

Pear is not a medical device and is not subject to regulation or clearance by the U.S. Food and Drug Administration (FDA). The App is designed solely to provide general information about healthcare providers and facilitate provider discovery. It is not intended for diagnosis, prevention, treatment, or monitoring of any medical condition.

10. Termination

We reserve the right to suspend or terminate your access to the App at any time, without notice, for any reason, including violation of these Terms, fraud, abuse, or conduct that we believe is harmful to other users or to Pear.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pear Project Inc. and its affiliates, directors, officers, employees, contractors, and agents from any claims, losses, liabilities, damages, costs, or expenses (including attorneys’ fees) arising from:

• Your use or misuse of the App;
  
  
  

• Your violation of these Terms;
  
  
  

• Your interactions with any third-party provider;
  
  
  

• Any content or data you submit through the App.
  
  
  

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

13. Geographic Use

The App is intended for users located in the United States. If you access or use the App from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

14. Contact Information

If you have questions about these Terms or our practices, please contact us at:

Pear Project Inc.
1101 Wilson Blvd. Arlington, VA 22209
hello@pear.care

Pear is not a healthcare provider. We do not practice medicine or provide medical advice, diagnosis, or treatment. Our services are informational in nature and intended to support, not replace, conversations with licensed healthcare professionals.