User Terms and Conditions

These terms of service ("Terms") by all.health (or "we", "our", or "us") govern your use of (1) your sensor band or other all.health hardware device (collectively "Device"), (2) any firmware, software, and updates that we install or provide for installation of your Device (collectively "Device Software"), (3) the mobile app and other software applications that you can use to connect to your Device (collectively "App"); (4) any web or mobile sites that we provide for use with your Device and App, to connect, upload and view activity data or with which you interact through messaging, audio, or video communication (collectively "Site"), (5) any SMS communication, audio calls, videoconferencing, interaction with an Artificial Intelligence (AI) text or voice agent, or other electronic communication such as email (collectively "Communications"), and (6) all of the foregoing items 1-5 together (collectively, the "Service"). Depending on our agreement with the entity that provided you with your Device, such as your employer or care provider or an entity engaged by your employer or care provider (your "Accessing Entity"), the Services may also include us providing certain data analysis and care management-related services ("Care Coordinator Services"). For certain other Accessing Entities such services will be provided by a third party unaffiliated with all.health.

YOU AGREE TO BE BOUND BY THESE TERMS AND CONCLUDE A LEGALLY BINDING CONTRACT BASED ON THESE TERMS WITH ALL.HEALTH IF YOU ACCEPT THESE TERMS EXPRESSLY, OR IF WE NOTIFY YOU OF THESE TERMS, AND YOU DOWNLOAD, USE OR ACCESS THE APP, OR YOU CONNECT A DEVICE TO AN APP OR YOU USE ANY DEVICE SOFTWARE, SITE, OR SERVICE. ALL.HEALTH OR ITS AFFILIATES MAY REACH OUT TO YOU USING THE APP, SITE, OR COMMUNICATIONS AND YOU AGREE TO BE BOUND BY THESE TERMS BY ENGAGING WITH THE APP, SITE, OR COMMUNICATIONS. THESE TERMS CONTAIN IMPORTANT TERMS THAT AFFECT YOUR RIGHTS, INCLUDING DISCLAIMERS, LIMITATIONS OF LIABILITY, A CHOICE OF CALIFORNIA LAW, A BINDING ARBITRATION PROVISION, AND TIME LIMIT ON SUBMITTING CLAIMS.

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN YOU MUST NOT DOWNLOAD, USE OR ACCESS THE SERVICE, INCLUDING THE DEVICE, DEVICE SOFTWARE, SITE, OR APP, OR ENGAGE WITH ANY COMMUNICATION, APP, OR SITE RELATED TO THE SERVICE.

1. The Service

all.health provides the Service, including the Device Software, App, and Site, on an "as is" and "as available" basis to lawful holders of a new, original Device (hereinafter "you"). You may not use the Service unless you lawfully possess a Device and you may only use Device(s) that you have been given permission to use whenever you use the Service. The entity that gave you your Device, such as your employer, is referred to as your "Accessing Entity". all.health reserves the right to improve and change the Service and any element thereof at any time, at all.health’s sole discretion. all.health also reserves the right to suspend or discontinue the Service, provided that all.health shall remain obligated to honor any warranty claims you may have against all.health under applicable law or manufacturer warranty statements, if any, if and to the extent the suspension or termination of the Service causes your Device to stop functioning as warranted and this causes a breach of warranty.

You may only use the Service, including the Device, to monitor your own health and wellbeing, including to share information on your health and wellbeing with your medical provider (but not to share access to the Service to your medical provider unless they themselves have been independently authorized to access the Service). The Service is intended only for your personal or household use and not for any commercial use.

2. System Requirements

Use of the Service requires a personal computer or mobile device such as a tablet, smartphone or other hardware device capable of Bluetooth and Internet connectivity and Internet (wired or WiFi) access that you have to acquire separately from third parties (hereafter collectively "Computer"). Although it is possible to use a personal computer as your Computer with the Service, we recommend that you primarily use a mobile device as your Computer as the more convenient option. Your ability to use the Service may be affected by the performance of your Computer. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility. For most effective use of the Service, high-speed Internet access is strongly recommended.

3. Software

The software products made available through the Service (including, without limitation, the App, Device Software and any updates) are licensed, not sold, to you. all.health may cause the App and updates to the App to be downloaded onto your Computer through the Service, and may also cause the most recent version of Device Software not already installed onto your Device to be downloaded onto the Device anytime you are connected to the Service. By connecting to the Service, you are requesting such automatic updating.

4. License Terms

Your use of the App and Device Software is subject to these Terms and any additional software license terms that accompany downloads, including third party license terms and open source software license terms. Your license rights are non-exclusive, limited, revocable, personal, non-sublicensable and non-assignable.

5. Accounts

You have to establish an account with us ("Account") in order to use certain aspects of the Service. You are responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify all.health of any unauthorized use of your Account or any other breach of security. all.health is not responsible for any losses arising out of the unauthorized use of your Account. all.health reserves the right to terminate, disable, or not provide all normal features for a particular Account if all.health suspects or becomes aware of any unauthorized or unpermitted use of such Account or any part of the Service.

6. Information and Privacy

When you use your Device and the Service, you provide information about yourself in the registration process ("Registration Data") and you cause information relating to your steps, sleep, weight, physical activity, health conditions, and other aspects of your health to be transmitted to your Computer and to all.health, to be processed and stored by all.health and its affiliated and unaffiliated service providers on servers in the United States and other jurisdictions. all.health provides you with notice regarding all.health’s data processing practices in compliance with applicable law and as amended from time to time as the Service or applicable laws evolve and change. If you do not wish to have your data processed by all.health in accordance with all.health’s policies and notices, including the Privacy Consent that you agreed to when you first signed up for the Service, then you must not use the Service. Our Privacy Policy is available at https://all.health/privacy. You will ensure that all Registration Data that you provide, or that is provided on your behalf, is accurate and complete, and are responsible for maintaining the confidentiality and security of your Registration Data.

7. Security

all.health may implement digital rights management or other similar security systems that contain measures designed to prevent unauthorized copying of software used with, accessed through or obtained via the Service. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

8. Third Party Materials and Websites

Certain content and services available through the Service may include materials from third parties. In addition, all.health may provide links to certain third party websites or services. all.health is not responsible for examining or evaluating the content or accuracy of any such third party material or websites. all.health does not warrant or endorse any third party websites, services or content. all.health does not assume, and will have no liability or responsibility for any third party products, services, content, materials or websites. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third party products, services, websites or other materials in a manner that would infringe or violate the rights of any other party, and that all.health has no liability or responsibility for your use of any third party products, services, websites or other materials. You agree to defend, indemnify and hold harmless all.health and its affiliates, and their respective officers, directors, employees, agents, and representatives from any and all claims arising out of your use of any third party products, services, websites, or material of any kind.

9. Intellectual Property

9.1 Ownership

The Service contains proprietary information and material that is owned by all.health and/or its licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, domestic and international copyright laws. all.health and its licensors reserve title, ownership and all rights and interests in the Service, except as expressly licensed in these Terms. You may not use the Service or any information and materials contained therein in any way whatsoever except for use of the Service in compliance with these Terms. THE USE OF THE SOFTWARE OR ANY PART OF THE Service, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.

9.2 Removal of Content or Features

Notwithstanding any other provision of these Terms, all.health and its licensors reserve the right to change, suspend, remove or disable access to any content, features or other materials comprising a part of the Service at any time without notice. In no event will all.health be liable for the removal of or disabling of access to any such content, features or materials. all.health may also impose limits on the use of or access to certain features or portions of the Service, without notice or liability.

9.3 Trademarks

All all.health logos and trademarks used in connection with the Service are registered or unregistered trademarks of all.health in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. all.health does not grant you any right or license with respect to any logos or trademarks.

10. Prohibited Uses, Enforcement

Except as may be expressly permitted by applicable law (and then only if you provide at least 45 days’ written notice to all.health), you will not, and will not encourage or assist anyone else to:

all.health reserves the right to take steps that all.health believes are reasonably necessary or appropriate to enforce and verify your compliance with these Terms.

11. Termination

These Terms and all rights and licenses granted herein are effective from the time you accept these Terms until these Terms are terminated. You may terminate these Terms at any time by permanently ceasing your use of the Service, closing your Account, and returning your Device to your Accessing Entity (or to us if directed by your Accessing Entity), provided that the Terms shall continue to govern any past use of the Service and Account. all.health may update, suspend, or terminate your use of the Service and Account effective immediately if you breach these Terms or with reasonable notice to you and subject to any warranty claims you may have in case of termination. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of these Terms, will survive termination of these Terms, regardless of the reasons for termination. Upon termination, you agree to cease all use of the Service. If you fail to comply with any of the provisions of these Terms, including, but not limited to, failing to provide all.health with accurate and complete Registration Data, failing to keep your Registration Data private, or violating any of the restrictions in Section 10, or if all.health’s applicable agreement with your Accessing Entity regarding the Service expires or is terminated, all.health, at its sole discretion, without notice to you may: (i) terminate these Terms; (ii) terminate all rights of your Account; and (iii) preclude you from accessing the Service or any part of it.

If you are using the Service in connection with remote patient monitoring, clinical decision support, a clinical study, research protocol, physician-directed use, or any other healthcare-related or investigational context (a "Clinical Deployment"), you acknowledge and agree that all.health may suspend or discontinue the Service in such Clinical Deployment for material reasons (including safety, security, regulatory compliance, or force majeure). Except where immediate action is necessary to protect patient safety or to comply with law, all.health will provide you and the applicable clinical partner with reasonable prior notice with the intent to minimize disruption. ALL.HEALTH SHALL NOT BE LIABLE FOR CLINICAL DECISIONS OR PATIENT OUTCOMES ARISING FROM A SUSPENSION OR DISCONTINUATION CARRIED OUT IN ACCORDANCE WITH THIS SECTION.

12. Disclaimer of Warranties and Liability Limitations

12.1 No Warranties in these Terms

ALL.HEALTH DOES NOT EXTEND ANY WARRANTIES, REPRESENTATIONS OR COMMITMENTS REGARDING THE SERVICE, INCLUDING THE DEVICE, IN THESE TERMS, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE DEVICE SOFTWARE AND DEVICE, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL.HEALTH PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT EXPRESS WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, AND ALL.HEALTH HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL.HEALTH AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, INCLUDING THE DEVICE AND DEVICE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON, INCLUDING BY ALL.HEALTH OR YOUR ACCESSING ENTITY, WILL CREATE A WARRANTY OR OTHER OBLIGATION ON BEHALF OF ALL.HEALTH.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ALL.HEALTH IS NOT ABLE TO DISCLAIM ANY OR ALL IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN THE WARRANTY PERIOD OR STATUTE OF LIMITATION REGARDING ANY IMPLIED WARRANTIES RELATING TO YOUR DEVICE SHALL BE LIMITED TO THE SHORTEST PERIOD PERMISSIBLE UNDER APPLICABLE LAW.

12.2 Service Not Intended for High Risk Applications and is Not Medical Advice

THE SERVICE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER YOU ACKNOWLEDGE THAT ALL.HEALTH'S CONTINUED PROVISION OF THE SERVICE RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB ARE BEYOND ALL.HEALTH'S CONTROL.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES TO MONITOR YOUR OWN HEALTH, AND ALL.HEALTH’S PROVIDING OF THE CARE COORDINATOR SERVICES, DOES NOT CONSTITUTE MEDICAL SERVICES OR MEDICAL ADVICE BY ALL.HEALTH, NOR IS ALL.HEALTH ENGAGING IN THE PRACTICE OF MEDICINE. SEE SECTION 18 FOR FURTHER DETAILS. WE STRONGLY ENCOURAGE YOU TO CONSULT WITH AN APPROPRIATELY CREDENTIALED HEALTH CARE PROFESSIONAL REGARDING YOUR HEALTH. IN PROVIDING THE CARE COORDINATOR SERVICES WE WILL SHARE INFORMATION RESULTING FROM YOUR USE OF THE SERVICES WITH YOUR DESIGNATED MEDICAL CARE PROVIDER, BUT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL CARE DECISION THAT YOUR CARE PROVIDER MAY OR MAY NOT TAKE BASED ON THE RECEIPT, OR FAILURE TO RECEIVE, SUCH INFORMATION. ALL.HEALTH IS IN NO WAY RESPONSIBLE FOR YOUR USE OF ANY PHARMACOLOGICAL, MEDICAL, LEGAL, OR SIMILAR INFORMATION ACQUIRED OR USED IN CONNECTION WITH THE SERVICE, AND YOU SHOULD VERIFY THE ACCURACY OF THE INFORMATION AND COMPLETENESS OF SUCH INFORMATION. AS BETWEEN YOU, YOUR ACCESSING ENTITY, AND ALL.HEALTH, YOUR ACCESSING ENTITY IS SOLELY RESPONSIBLE AND LIABLE FOR YOUR CARE, INCLUDING ALL RESPONSIBILITY FOR MEDICAL MALPRACTICE, PERSONAL INJURY, PSYCHOLOGICAL INJURY, OR LOSS OF LIFE.

12.3 Disclaimer of Losses And Intrusions

ALL.HEALTH DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND ALL.HEALTH DISCLAIMS ANY LIABILITY RELATING THERETO.

12.4 Information

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IN CONNECTION WITH THE SERVICE IS AT YOUR SOLE RISK. ALL.HEALTH HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

12.5 Other Warranties

You may have received warranties, representations and/or commitments from your Accessing Entity when you received access to the Service, including the Device, and Your Accessing Entity may separately have received warranties, representations or commitments from all.health in its agreement with us. IF THIS IS THE CASE, YOU UNDERSTAND AND AGREE THAT (A) ANY SUCH WARRANTIES, REPRESENTATIONS AND/OR COMMITMENTS ARE NOT BETWEEN YOU AND ALL.HEALTH; AND (B) THE DISCLAIMERS IN SECTIONS 12.1 THROUGH 12.4 SHALL NOT LIMIT OR REDUCE YOUR OR YOUR ACCESSING ENTITY’S RIGHTS UNDER ANY SEPARATE AGREEMENT.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL.HEALTH, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS (INCLUDING ITS REPRESENTATIVES AND PARTNERS) (COLLECTIVELY, THE "RELEASED PARTIES") ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE, SOFTWARE OR DEVICE, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR PROPERTY OR POSSESSIONS, WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN NO EVENT WILL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS (USD $50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY OF THE REMEDY PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, ANY LIABILITY THE RELEASED PARTIES MAY HAVE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS SECTION 13 DO NOT APPLY IN FULL TO YOU IF YOU ARE A NEW JERSEY RESIDENT. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE FOREGOING LIMITATIONS WILL NOT LIMIT ANY RELEASED PARTY’S LIABILITY FOR (1) ITS OWN GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, (2) DEATH OR PERSONAL INJURY CAUSED BY (i) A PRODUCT SUPPLIED BY SUCH RELEASED PARTY BEING USED FOR ITS INTENDED USE CASE OR (ii) ITS NEGLIGENCE OR MORE CULPABLE CONDUCT AT A PHYSICAL LOCATION OWNED OR CONTROLLED BY SAID RELEASED PARTY, OR (III) ANY OTHER LIABILITY WHICH MAY NOT BE DISCLAIMED UNDER THE LAWS OF THE STATE OF NEW JERSEY.

14. Waiver and Indemnity

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND (AT THE APPLICABLE RELEASED PARTY’S DISCRETION) AND HOLD HARMLESS THE RELEASED PARTIES WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTION TAKEN BY ALL.HEALTH AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OF USE OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS OF USE HAS OCCURRED.

15. Copyright and other Infringements

You shall not upload any infringing, illegal or inappropriate content or data into the Service. If you believe that all.health or other users of the Service or a Device infringe any of your rights, you shall follow all.health’s notice and take-down process (published on all.health’s website or available on request) and the dispute resolution provisions in these Terms.

16. Dispute Resolution And Binding Arbitration Provision

16.1 Definitions

As used in this Section 16 (this "Arbitration Provision"), the terms "all.health", "we", "us", and "our", refer to all.health, including its subsidiaries and agents; the terms "you" and "your" refer to you as an individual as well as other individuals you allow to access or use the Service or Device, and any legal entity you control, work for, or represent when you access or use the Service or Device. The word "Products" means your access to and/or use of the Service, including the Device, and any other materials, all.health website, advertisement or promotion or other product, service, or software that you obtain from or through all.health. The word "Claims" means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Products. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.

16.2 Informal Efforts to Resolve Dispute

If a dispute arises between you and all.health, you should first attempt to resolve it by contacting our Customer Service Center on support@all.health or by sending the details of your complaint, including your contact information for a response, to the address listed below. We will attempt in good faith to resolve all Claims submitted this way within thirty (30) days of receipt.

If you have a dispute with your Accessing Entity (as opposed to a dispute regarding the Service), we will route your dispute to your Accessing Entity. We will not be a party to any dispute with your Accessing Entity, which will be solely between you and your Accessing Entity. The threshold issue of whether a dispute is with your Accessing Entity will be resolved in accordance with this Arbitration Provision.

16.3 Agreement to Arbitrate; Right to Opt Out

If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.

16.4 Arbitration and Exclusion of Class Action or Class Arbitration

There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of these Terms as a court would. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

16.5 Opt Out Provision

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY ALL.HEALTH IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW OR BY EMAILING IT TO SUPPORT@ALL.HEALTH. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH ALL.HEALTH, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF PRODUCTS TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

16.6 Arbitration Fees

The allocation and payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all reasonable filing, administration and arbitrator fees you are required to pay for the arbitration.

16.7 Arbitration Rules

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules if you are a resident of the United States; if your use of the Products has been principally for personal or household use, the AAA’s procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States, the arbitration will be conducted by the AAA in San Francisco, California, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

16.8 Selection of Arbitrator

The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the AAA roster of arbitrators. If you and we can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States.

16.9 Initiating Arbitration

To begin an arbitration proceeding, you must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.

16.10 Time Restriction

YOU MUST FILE A COMPLAINT WITH AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

16.11 Arbitration Process

Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for you. The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of these Terms will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.

16.12 Recovery and Attorneys’ Fees

If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. Neither party will be entitled to any award of punitive or special damages and all.health waives any right it may have to seek an award of attorneys fees and expenses from you in connection with any arbitration of Claims between us.

16.13 Confidentiality

You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

16.14 Continuing Obligation to Arbitrate; Severability

This Arbitration Provision shall survive termination of your access to or use of any Products and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

all.health Customer Service Center Address:
all.health
ATTN: Customer Care
649 Front St, Floor 2
San Francisco, CA 94111

all.health Legal Address:
all.health
ATTN: General Counsel
649 Front St, Floor 2
San Francisco, CA 94111

17. Licensee Outside the U.S.

If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and you represent and warrant that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

18. Service Classification

18.1 Lifestyle Service

The Service provides lifestyle guidance, wellness education, and disease risk assessment. The Service is an AI-assisted lifestyle risk assessment tool that would lead a user to change their lifestyle for overall health improvement and may lead physician in the context of a doctor-patient relationship to consider ordering certified diagnostic tests.

18.2 Consumer Electronics Grade

The Service is designed to be a consumer-grade system, with consumer-grade performance and robustness.

18.3 Not intended for Diagnosis or Real-Time Use

The Service, including the Device, App and Site, is intended for use as a workflow tool, providing information and a range of next-best step options. Reports, prioritizations and displays created by or provided within the Service are intended to enhance, inform, and/or support clinical decision-making. Diagnostic labeling is provided only by a physician with clinical correlation. all.health does not provide such diagnostic labeling, including as part of the Care Coordinator Services. The Service, including the Device, App and Site, is made up of consumer-grade software or devices, or exempt medical data systems, and has not been evaluated by the US FDA or other medical regulatory agencies. It is not intended for real-time, urgent, or critical care use. The Service is not intended alone or in combination for use in diagnosis, prevention, cure, or treatment of any medical disease. The oximeter component of the Device is an FDA-listed Class II (enforcement discretion) medical software module that performs medical-grade analysis that occurs within the Service.

18.4 AI Transparency, Consent, and Safety

Certain features of the Service may be assisted by artificial intelligence ("AI"), including voice agents, clinical suggestion engines, prediction algorithms, and content generation. These AI-assisted features (which may include chat, voice, and wellness, and clinician-suggestion tools) provide informational suggestions and predictions only, not definitive medical diagnoses, and outputs used in clinician workflows are vetted under internal clinical review processes; clinicians retain final authority over care. We may use de-identified or derivative data to improve and train our models, and by using the Service you acknowledge and consent to such uses as described in our Privacy Consent.

18.5 Third Party Medical Providers

We may also provide you with access to one or more of the following medical groups who provide healthcare and/or mental health services through the Site (the “Medical Groups”): Fabric Labs Inc. and VirtualCare Medical Group, P.A. These medical groups employ or contract with physicians, allied health professionals, and/or mental health professionals who offer certain healthcare and/or mental health services through the Site and who supervise the provision of care provided by the Medical Groups (“Providers”). all.health does not endorse, warrant, or guarantee, and makes no representations regarding, the qualifications, credentials, quality, or availability of any Medical Group or Provider or any services they may provide. By accepting these Terms, you acknowledge and agree that any services you receive from the Medical Groups or Providers through the Site are also subject to these Terms, and that Medical Groups and Providers are express third party beneficiaries of this Section 18.5.

We do not control, endorse, or interfere with the practice of medicine or mental health care by the Medical Groups or any Providers, each of whom is solely responsible for directing and supervising the medical care and/or treatment they provide to you. By accepting these Terms, you acknowledge and agree that all.health is not a healthcare provider and that by using the Service you are not entering into a doctor-patient or other health care provider-patient relationship with all.health. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers.

Providers may bill you or your health plan directly for their services and you are responsible for any such payments. If you have any questions regarding any such bills, the care provided by a Provider or any changes to any of the foregoing, you should contact your Provider.

By accepting these Terms, you acknowledge and agree that the Medical Group and/or Providers may communicate with you through audio and video telecommunications and other electronic communication formats and may send you messages, reports, and emails via the Service regarding your results, diagnosis and/or treatment, as described in our Privacy Policy at https://all.health/privacy. You understand and agree that all.health is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Service. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither all.health nor the Medical Group nor any Provider will be responsible in any way and you will not hold all.health, the Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from (a) your failure to read or respond to these messages in a timely fashion, (b) your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s), (c) the medical services, diagnoses, treatment, or advice provided by the Medical Groups or Providers, or (d) any interruption, delay, error, or failure in the transmission of communications through the Service. Without limiting the foregoing, the disclaimers, liability limitations, and liability exclusions set forth in Sections 12 and 13 of these Terms apply in full to any claims arising out of or relating to the services of the Medical Groups or Providers.

18.6 SMS / Text Message Terms

By providing your mobile number and opting in, you agree to receive text messages from all.health and your care team about your program, including reminders, device and data alerts, and replies to your questions. By enrolling to receive text messages, you acknowledge that text messages will be sent to the mobile phone number you provide, and you agree to all of these Terms, including but not limited to the dispute resolution provisions set forth herein. Messages that we send you may include content in a variety of formats, including Short Message Service (“SMS”) and Multimedia Messaging Service (“MMS”). Message frequency varies. Message and data rates may apply. Consent to receive text messages is not a condition of using the Service. Reply STOP at any time to opt out (you will receive one message confirming your opt-out) or HELP for help; you can also contact support@all.health. We will process your opt-out requests as soon as possible, but please note that it may take us up to thirty (30) days to process your request and you may receive a few more messages until your request is processed. If you change your mobile phone number, you agree to opt out of text messages prior to changing your mobile phone number. We and mobile carriers are not liable for delayed or undelivered messages. Please see our Privacy Policy at https://all.health/privacy for information about how we handle your information.

19. Miscellaneous

These Terms constitute the entire agreement between you and all.health relating to the Service and govern your use of the Service, including the Device, and completely replace any prior or contemporaneous agreements between you and all.health regarding your use of the Service, including the Device.

The failure of all.health to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, which will still be available to all.health.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

The Terms and any dispute arising out of or in connection with these Terms, the Service, or Device shall be governed by the laws of California, USA, except conflicts of law provisions and except for the rules of the Convention for the International Sale of Goods ("CISG").

20. Effective Date

These Terms of Service are version 1.6.US and effective as of September 30, 2026.

We may update these Terms from time to time. When we do, we will post the updated Terms in the App or on the Site and change the last updated date above to let you know we made a change.