Terms of Use

Table of Contents

I. Acceptance of the Terms of Use

We, Appy Health, Inc. and our subsidiaries and affiliates (collectively "Appy Health", "we", "us", "Company") operate mobile applications, platforms, and other services that power health care solutions on behalf of healthcare providers (our "Services"). If we link or reference these Terms of Use as part of any Services, these Terms will apply to your use of the Services.

These Terms of Use are a legal agreement between you and Appy Health.

THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US IN ACCORDANCE WITH THESE TERMS AND WITHOUT A JURY TRIAL, ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION

Please read the Terms of Use carefully before you start to use the Services. By accessing or using the Services you accept and agree:

• To enter into a legally binding agreement with Appy Health;
• To be bound by and fully comply with these Terms of Use; and
• You are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts. Alternatively, if you are under the legal age of majority in your jurisdiction or otherwise not legally competent to enter into contracts, your parent or guardian must agree to these Terms of Use on your behalf prior to your use of the Services.

If you do not want to agree to these Terms of Use, you must not access or use the Services.

II. Changes to the Terms of Use and Services

We may modify these Terms of Use at any time and without notice to you, in our sole discretion. All changes are effective immediately when we post them. You can view the most recent version of these Terms of Use at any time at Appy Health.com. Your continued use of the Services after publication of revised Terms of Use is deemed to be acceptance of those revisions. We may amend the content on Appy Health.com from time to time. Any of the material on Appy Health.com may be out of date at any given time, and we are under no obligation to update such material.

III. Additional Terms

These Terms of Use relate to your use of the Services. Additional specific terms or agreements may apply to a particular Service you use, such as if you participate in a survey or user experience study or operate mobile applications or platforms. To the extent there is a conflict between these Terms of Use and those specific terms, the provisions of the specific terms will control.

IV. Note to Members

Appy Health provides member-driven services that allow members to communicate, coordinate and manage their medical care with their healthcare provider. When you use these member-driven services, your use of those services is governed by our Member Facing Applications Terms of Use, not by these Terms.

V. Accessing the Services and Account Security

We will not be liable if for any reason all or any parts of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register for the Services or otherwise, including but not limited to through the use of any interactive features on Appy Health.com, is governed by our Privacy Policy.

All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.

VI. Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal use only. You may not access or use the Services, any part of the Services, or any materials available through the Services for a commercial purpose, except with written permission from Appy Health. You must not (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material contained within our Services or (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

VII. Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.

VIII. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services

XV. Disclaimer of Warranties

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

XVI. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES.

XVIII. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Texas. You expressly agree that exclusive jurisdiction for any dispute with Appy Health, Inc resides in the courts of Collin County, Texas.

XXI. Your Comments and Concerns

If you have any questions or comments, please contact us by:

• Submitting a request to the following email SUPPORT@APPYHEALTH.COM
• Writing to: Appy Health, Inc. Attn: Chief Compliance Officer 526 Kingwood Drive, B380 Kingwood, TX 77339

If you have a disability and would like to access this Policy in an alternative format, please email SUPPORT@APPYHEALTH.COM

We endeavor to respond to a members request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.