Introduction

Version: 2

Last Updated: April 27, 2021

These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you

(“You/Your” or "User") and Med&Beyond A.I., Inc. (“Us” or “We” or “Med&Beyond”),

creators of the Med&Beyond mobile application (the “App”), and govern Your use of the App,

and all of its content and functionality (collectively, the “Services”). These Terms apply to

individuals accessing the App. By accepting these Terms of Use and using the App, You

acknowledge that You have read, understand, and agree to these Terms and Our Privacy Policy.

Any capitalized terms not defined in these Terms are defined in the Privacy Policy. IF YOU DO

NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU

MAY NOT USE THE SERVICES.

What Are The Services?

M&B operates a membership or one-time visit-based service through the App that provides

access to certain third-party services to support accessible and affordable health services. The

Services available are offered by M&B and its third-party vendors and affiliates(“Providers”). By

accepting these Terms, You agree and acknowledge that We do not provide laboratory,

imaging or pharmaceutical services. Our role is limited to supporting and facilitating Your

access to the Services via our App. Each third-party affiliate is responsible for the services

provided by such third parties. You may access and use the Services only in accordance with

these Terms, and You agree to comply with all applicable laws, rules, and regulations, including

any other policies incorporated into these Terms, such as Our Privacy Policy.

The App is not intended for use in circumstances which require immediate clinical action or in

an emergency situation.

If at any time You are concerned about your health, including instances where you have used

our Services, please contact Your primary care physician or other current treatment provider. If

You believe or suspect or someone else advises You that You have a serious or life-

threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest

emergency room. Any healthcare advice provided by a Provider through the Services is based

on the information You provide. If You do not provide complete and accurate information, the

healthcare advice You receive may not be accurate or appropriate. Questions and information

collected from You through the Services are designed for informational and or research

purposes and to identify potential patterns in symptomologies and treatments.

THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS

SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE

USED IN THOSE CIRCUMSTANCES. If You have or suspect that You have an urgent medical

problem or condition, please contact a qualified healthcare professional immediately. Never

disregard, avoid, or delay obtaining medical advice from a doctor or other qualified

healthcare professional because of something learned or instructed via the Services.

THE EDUCATIONAL CONTENT ON THE APP IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL

ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU

SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDERS FOR DIAGNOSIS AND TREATMENT,

INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENTS

MAY BE APPROPRIATE FOR YOU.

Who Is Eligible To Use The Services?

You must register to create an account (“User Account”) and become a “Registered User” to

use the Services. To register, You must create a username and provide Your name, Your email

address, and other information specified in the registration form (“Registration Data”). You may

change or correct information in Your account by contacting Med&Beyond at

support@medandbeyond.com . You agree not to register for a User Account on behalf of an

individual other than Yourself unless You are legally authorized to bind such person to these

Terms. By registering another person, You hereby represent that You are legally authorized to

do so.

By registering for an account and using the Services, You represent and warrant:

1. That You are at least 18 years old and are otherwise legally qualified to enter into and

form contracts under applicable law, or if Your minor child is using the Services, You are

the legal parent or guardian of the child(ren) that will use the Services and You agree to

allow your child(ren) to use the Services;

2. Your Registration Data is true, accurate, current, and complete;

3. You will update Your Registration Data as needed to maintain its accuracy;

4. You are authorized to create a User Account (either for Yourself or another person);

5. You acknowledge and agree to the terms of the Privacy Policy;

6. You are legally authorized to view information accessible through the Services;

7. You are physically located in the State You choose/have chosen as Your current location.

You acknowledge that Your ability to access and use the Services is conditioned upon

the truthfulness of this certification and that the Providers you access are relying upon

this certification in order to interact with You. In the event that Your certification is

inaccurate, You agree to indemnify Us and the Providers You interact with from any

resulting damages, costs or claims as set forth in the Indemnification Section below;

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES

WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY

INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE

RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR

INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE

SERVICES.

How Will We Tell You If We Change These Terms?

With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included at

the end of these Terms, Med&Beyond reserves the right to change or modify these Terms at

any time without prior notice to You. If We materially change or modify these Terms, We will

let You know by (1) posting a new version of the Terms to the App and/or (2) notifying You of

updates.

If You continue to use the Services after We have let You know that We have made changes,

You agree to be bound by the modified Terms. If You do not accept the changes, You should

immediately stop using the Services and delete all files associated with the Services on Your

computer or mobile device.

Who Owns The Services?

Med&Beyond A.I., Inc. owns the Services, including all content and functionality You access

through the App. Subject to Your compliance with these Terms, Med&Beyond grants You a non-

exclusive, non-sublicensable, revocable, non-transferable license to use the Services by

accessing the App via a mobile device.

THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE

YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what

is allowed under these Terms without Our express written permission.

You may not use Med&Beyond’s name, trademarks, service marks, or logos, or those of third

parties appearing on or affiliated with the Services in any advertising or publicity or to

otherwise indicate Med&Beyond’s or such third party’s sponsorship or affiliation with any

product or service without express written permission from Med&Beyond or such third party.

You own Your Personal Data (as defined in the Privacy Policy) and any other content You submit

on or through the Services (collectively, “Content”). If You are entering someone else’s

information into the application , You represent and warrant that You have permission to do so.

As a condition of providing You the Services, You grant to Med&Beyond a perpetual, non-

exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your

Content for the purpose of providing the Services, subject to the restrictions in the Privacy

Policy. You also agree to allow Us to de-identify and anonymize Your Content, in accordance

with Our Privacy Policy, and to use or disclose such de-identified information for any legal

purpose.

App Store & Google Play

If You downloaded the App from the Apple App Store or Google Play (the “App Provider”), by

agreeing to these Terms, You acknowledge that You understand and agree to the following:

1. This Agreement is only between You and Med&Beyond, and not between You and the

App Provider, and only Med&Beyond is responsible for the Application (not the App

Provider);

2. The App Provider has no obligation to furnish any maintenance or support services with

respect to the Application;

3. In the event of any failure of the App to conform to any applicable warranty, (i) You may

notify the App Provider and the App Provider will refund the purchase price for the

Application to You (if applicable), (ii) to the maximum extent permitted by applicable law,

the App Provider will have no other warranty obligation whatsoever with respect to the

Application, and (iii) any other claims, losses, liabilities, damages, costs or expenses

attributable to any failure to conform to any warranty will be the App Provider’s

responsibility;

4. The App Provider is not responsible for addressing any claims You have or any claims of

any third party relating to the App or Your possession and use of the Application,

including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to

conform to any applicable legal or regulatory requirement; and (iii) claims arising under

consumer protection or similar legislation;

5. In the event of any third-party claim that the App or Your possession and use of the

Application infringes that third party’s intellectual property rights, the App Provider will

not be responsible for the investigation, defense, settlement or discharge of any such

intellectual property infringement claim; and

6. The App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as

it relates to Your license of the Application. This means that, upon Your acceptance of this

Agreement, the App Provider will have the right (and will be deemed to have accepted

the right) to enforce this Agreement as related to Your license of the App against You.

For Apple users only: If You downloaded the App from the App Store, the license granted to You

in this Agreement is non-transferable and is for use of the Applications on any Apple products

that You own or control.

What Are You Prohibited From Doing?

You may use the Services only for lawful purposes and in accordance with these Terms, In

addition, We impose certain restrictions on Your use of the Services, which are highlighted

below. While using the Services, You shall not:

1. provide false, misleading or inaccurate information to Us or any other user;

2. use the Services for any commercial purpose or the benefit of any third party or in any

manner not permitted by these Terms;

3. impersonate or attempt to impersonate Us, one of Our employees, another user, or any

other person or entity (including, without limitation, by using e-mail addresses or screen

names associated with any of the foregoing);

4. use or attempt to use any manual process, engine, software, tool, agent, or other device

or mechanism (including without limitation browsers, spiders, robots, avatars, or

intelligent agents) to harvest, monitor, or otherwise collect information from the

application for any use, including without limitation, use on third-party websites, without

Our consent;

5. use the Services in any manner that could disable, overburden, damage, or impair the

Services or interfere with any other party's use of the Services, including their ability to

use the Services;

6. access content or data not intended for You, or log onto a server or account that You are

not authorized to access;

7. violate any applicable federal, state, local or international law or regulation (including,

without limitation, any laws regarding the export of data or software to and from the US

or other countries);

8. attempt to probe, scan, or test the vulnerability of the application or any associated

system or network, or breach security or authentication measures without proper

authorization;

9. interfere or attempt to interfere with the use or functionality of the application by any

other user, host or network, including, without limitation by means of submitting a virus,

trojan horse, worm, logic bomb or other material which is malicious or technologically

harmful, overloading, "flooding," "spamming," "mail bombing," or "crashing";

10. forge any TCP/IP packet header or any part of the header information in any e-mail or in

any uploading or posting to, or transmission, display, performance or distribution by

means of, the application;

11. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam,"

"chain letters," "pyramid schemes" or any other form of solicitation;

12. post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates

or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other

intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages

any conduct that would violate, any applicable law or regulation or would give rise to civil

liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene,

pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred,

harassment or harm against any individual or group; (vi) is violent or threatening or

promotes violence or actions that are threatening to any person or entity; or

(vii) promotes illegal or harmful activities or substances;

13. exploit, harm or attempt to exploit or harm minors in any way by exposing them to

inappropriate content, asking for personally identifiable information or otherwise;

14. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any

technological measure implemented by US, You, or any other third-party (including

another user) to protect the application;

15. attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or

attempt to reduce to a human-perceivable form any of the source code used by Us in

providing the Services. Any violation of this section may subject You to civil and/or

criminal liability;

16. engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the

Services, or which, as determined by Us, may harm the Us or users of the Services or

expose them to liability, or otherwise interfere with or attempt to interfere with the

proper working of the App; or

17. encourage or enable any other individual to do any of the above.

We are not obligated to monitor Your use of the Services, but We may do so to ensure Your

compliance with these Terms, and to respond to law enforcement or other government

agencies if and when We are required to. Med&Beyond reserves the right to suspend or

terminate Your use of the Services without notice to You if You partake in any of the prohibited

uses described above.

How Should You Protect Your Login Information?

The App is designed to require users to create a username and password to access and use the

Services. Your username and password are, collectively, Your “User Credentials.” You are solely

responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not

allowing another person to use Your User Credentials to access the Services, (C) any and all

damages or losses that may be incurred or suffered as a result of any activities that occur under

Your User Credentials, regardless of whether You were aware of those activities. You agree to

immediately notify Us in writing by email of any unauthorized use of Your User Credentials or

any other compromise of the security of Your User Account.

WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE

USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND

SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR

USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR

DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY

ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

You may be held liable for any losses incurred by Med&Beyond and/or its affiliates, officers,

directors, and representatives (“Company Representatives”) due to someone else’s use of Your

account or password, regardless of whether You were aware of such use.

How Do We Protect Your Privacy?

We respect Your Privacy and take Our commitment to protect Your Privacy seriously. This

commitment is reflected in the way We protect the information You provide to us. Please see

Our Privacy Policy for an explanation of the information that We collect from You and how We

use Your information. By clicking “I Agree”, accessing or using the Services, or by downloading,

viewing, or uploading any of Our content through the Services, You acknowledge and agree to

the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.

By using the Services and accepting these Terms, You acknowledge that We may share Your

Personal Data with other users, including Your Provider, as described in the Privacy Policy, and

will seek Your consent or other authorization before doing so where required by law.

Note that Our Privacy Policy does not address how a third party with whom You share

information that is collected, generated, or stored via the Services may further use and disclose

Your health information. This is governed by the third party’s privacy policies. We are not

responsible for nor liable to You or any third party for a third party’s treatment of Personal

Data, including any collection, use, disclosure, storage, loss, theft or misuse of Personal Data,

whether or not such treatment violates applicable law.

You expressly acknowledge and agree that We are neither responsible for nor liable to You or

any third party for the treatment of Your Personal Data by any such individual or entity,

including any collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data,

whether or not such treatment violates applicable law or the third party’s privacy practices.

EU Citizens and GDPR: Please see Our Privacy Policy for specific information regarding Your

rights under GDPR, and Our commitment to protecting those rights.

PATIENTS: Please be aware that Our Privacy Policy does not address how the Providers with

whom You chose to share information collected, generated, or stored via the Services may

further use and disclose Your health information. The Provider’s Notice of Privacy Practices will

be provided to you. Our Privacy Policy does not apply to the collection, use, disclosure, or

treatment of Your Personal Data directly by any provider, clinician, researcher, caregiver, or

other healthcare professional and/or entity other than through the Services. You expressly

acknowledge and agree that We are neither responsible for nor liable to You or any third party

for the treatment of Your Personal Data by any such individual or entity, including any

collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not

such treatment violates applicable law or the Provider’s Notice of Privacy Practices.

Computer Equipment and Internet Access

You are responsible for obtaining, installing, maintaining and operating all software, hardware

or other equipment (collectively, "Systems") necessary for You to access and use the Services.

This includes, without limitation, obtaining internet services, using up to date web-browsers

and the best commercially available encryption, antivirus, anti-spyware, and internet security

software. You are responsible for the data security of the Systems used to access the Services

and for the transmission and receipt of information using such Systems. We are not responsible

for any errors or problems that arise from the malfunction or failure of the Internet or Your

Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH

USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

How Can You Opt-Out Of Receiving Emails From Us?

In providing the Services, You may receive periodic email communications that are essential to

the proper functioning and delivery of the Services (e.g. information regarding Your User

Account), which are part of the Services, and which You cannot opt out of receiving.

You may also receive periodic promotions and other offers or materials We believe might be of

interest to You. You can opt-out of receiving these promotional messages at any time by

following the unsubscribe instructions contained in each such communication.

Your Representations and Warranties

You represent and warrant that Your use of the Services will be in accordance with these Terms

and all applicable laws, regulations, rules, and any Med&Beyond policies and procedures We

provide to You in writing. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE

LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON

WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.

Warranty Disclaimers & Limitation of Liability

NO WARRANTIES

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED. MED&BEYOND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY

WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Med&Beyond

MAKES NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS

OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MED&BEYOND

MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR THE ACCURACY,

TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MED&BEYOND

OR THROUGH THE APP OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE

HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS

WITHIN THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT

AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS,

CAREGIVERS, AND OTHER AUTHORIZED THIRD PARTIES.

WE CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY

RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR

OTHER SERVICE INTERRUPTIONS. WE THEREFORE WILL NOT ASSUME RESPONSIBILITY FOR THE

TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA,

COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP

ANY INFORMATION YOU ENTER INTO THE APP.

YOUR RESPONSIBILITY FOR LOSS OR DAMAGE

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD

MED&BEYOND OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS

APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO

OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF

YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE

ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU.

NEITHER MED&BEYOND NOR ANY OTHER COMPANY REPRESENTATIVE INVOLVED IN CREATING,

PRODUCING, MAINTAINING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY

INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,

LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM

FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES

FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN

CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES,

OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE

SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT

OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT

(INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), PRODUCT LIABILITY, OR ANY OTHER

LEGAL THEORY, AND WHETHER OR NOT MED&BEYOND HAS BEEN INFORMED OF THE

POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO

HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO

DISCONTINUE USING THE SERVICES.

FOR THE AVOIDANCE OF DOUBT, IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES

YOU ARE RECEIVING FROM A PROVIDER, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING

THE PROVISION OF HEALTHCARE SERVICES.

YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN

EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK.

MED&BEYOND IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION

TAKEN IN RELIANCE UPON INFORMATION OR GUIDANCE AVAILABLE THROUGH THE SERVICES.

MED&BEYOND IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY YOUR

NEGLIGENCE OR MISCONDUCT, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED,

GENERATED, OR STORED VIA THE SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT

APPLY TO YOU. IN SUCH STATES, MED&BEYOND’S LIABILITY IS LIMITED AND WARRANTIES ARE

EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED

$ 100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN

ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MED&BEYOND AND COMPANY

REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE

(INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY

WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF

THIS AGREEMENT, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO

YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR

ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. IF YOU ARE A

CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING

PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Feedback and Who Owns It

We welcome and encourage You to provide feedback, comments, and suggestions for

improvements to the Services (“Feedback”). You may submit Feedback by e-mailing Us at

support@medandbeyond.com. You acknowledge and agree that if You submit any Feedback to

Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid,

royalty-free, sub-licensable, and transferable license under any and all intellectual property

rights that You own or control to use, copy, modify, create derivative works based upon, and

otherwise exploit the Feedback for any purpose.

Termination of Your Account

If You breach any of these Terms, We may suspend or disable Your account or terminate Your

access to the Services without prior notice to You. There may be other instances where We

may need to terminate Your access to the Services that are not related to any of Your actions or

inactions. We reserve the right to terminate Your access to and use of the Services at any time,

with or without cause.

If You wish to terminate Your account, please contact Med&Beyond at

support@medandbeyond.com , immediately discontinue Your use of the Services, and delete

all files associated with the Services from Your computer or mobile device.

Dispute Resolution

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

Most user concerns can be resolved quickly and to Your satisfaction by emailing support at

support@medandbeyond.com . In the unlikely event that our support team is unable to resolve

a complaint You may have (or if We have not been able to resolve a dispute with You after

attempting to do so informally), including but not limited to any alleged breach of these Terms,

You and agree to resolve the dispute through binding arbitration virtually before a single

arbitrator, in accordance with the rules and procedures of the American Arbitration Association

and the laws of New York without reference to its conflict of laws provisions. Arbitration, which

is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator

instead of a judge or jury. Arbitrators can award the same damages and relief that a court can

award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other

costs incurred by the party that does not win the dispute.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and

class actions are not permitted. Any arbitration will be strictly confidential and neither party

will disclose to any person (other than necessary to carry out the arbitration) the existence of

the dispute or any aspect of the dispute.

This agreement to arbitrate will not preclude You or Med&Beyond from seeking provisional

remedies in aid of arbitration, including without limitation orders to stay a court action, compel

arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore,

this agreement to arbitrate will not preclude You or Med&Beyond from applying to a court of

competent jurisdiction for a temporary restraining order, preliminary injunction, or other

interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED

UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE

COURTS LOCATED IN NEW YORK; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE

AND PERSONAL JURISDICTION OF SUCH COURTS.

Exceptions to Agreement to Arbitrate: Med&Beyond may bring a lawsuit solely for injunctive

relief to stop unauthorized use or abuse of the application or infringement of intellectual

property rights (for example, trademark, trade secret, copyright, or patent rights) without first

engaging in the informal dispute-resolution process described above.

YOU MAY ONLY RESOLVE DISPUTES WITH MED&BEYOND ON AN INDIVIDUAL BASIS, AND

MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED,

OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY

GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED

UNDER THESE TERMS OF USE.

Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution

process described above by contacting support@medandbeyond.com within 30 days of first

accepting these Terms and stating that You (first and last name) decline this dispute

resolution process.

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING-OUT OF THE ALTERNATIVE DISPUTE

RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO JURY TRIAL TO WHICH YOU

MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY

WAY ARISING OUT OF OR RELATED TO THESE TERMS OF USE.

If You opt-out of the dispute resolution process described in this section, or if any matter is

otherwise determined not to be subject to such dispute resolution process, You hereby submit

to the exclusive jurisdiction of any state or federal court sitting in the State of New York in any

legal proceeding arising out of or relating to these Terms. You agree that any and all claims and

matters arising out of these Terms, unless subject to the dispute resolution process described

above, may be heard and determined in any such court, and You hereby waive any right to

object to such filing on grounds of improper venue, forum non-convenience, or other venue-

related grounds, unless such objection asserts that the claim or matter in dispute is subject to

determination through the dispute resolution process described above.

General Contract Terms

These Terms, the Privacy Policy, any other agreements executed between You and

Med&Beyond, and any other terms incorporated herein by reference, constitute the entire and

exclusive understanding and agreement between Med&Beyond and You regarding the use of

the Services, and these Terms supersede and replace any and all prior oral or written

understandings or agreements between Med&Beyond and You regarding use of the Services.

GOVERNING LAW

These Terms shall be governed by the laws of the State of New York without reference to its

conflict of laws provisions.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without

Med&Beyond’s prior written consent. Any attempt by You to assign or transfer these Terms,

without such consent, will be null and of no effect. Med&Beyond may assign or transfer these

Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind

and inure to the benefit of the parties, their successors, and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those

regarding modifications to these Terms, will be in writing and given: (i) by Med&Beyond via

email (in each case to the address that You provide); and/or (ii) by posting to the application.

For notices made by email, the notice will be effective as of the date the notice is first

transmitted. You agree that any notice received from Med&Beyond electronically satisfies any

legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING

THAT YOUR EMAIL ADDRESS ON FILE WITH MED&BEYOND IS ACCURATE AND CURRENT, AND

NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY

support@medandbeyond.com OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to Med&Beyond by email to: support@medandbeyond.com . Notice

to Med&Beyond shall be effective upon receipt of notice by Med&Beyond.

NO INADVERTENT WAIVER

The failure of Med&Beyond to enforce any right or provision of these Terms will not constitute

a waiver of future enforcement of that right or provision. The waiver of any such right or

provision will be effective only if in writing and signed by a duly authorized representative of

Med&Beyond. Except as expressly set forth in these Terms, the exercise by either party of any

of its remedies under these Terms will be without prejudice to its other remedies under these

Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of

these Terms invalid or unenforceable, that provision will be enforced to the maximum extent

permissible and the other provisions of these Terms will remain in full force and effect.

SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal or unenforceable, the

remaining provisions of these Terms remain in full force, provided that the essential terms and

conditions remain valid, binding and enforceable and the economic and legal substance of the

transactions contemplated by these Terms are materially preserved.

INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights,

including (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks,

trade names, domain names and trade dress and the goodwill associated therewith, (d) trade

secrets, (e) mask works, and (f) industrial design rights; in each case, including any registrations

of, applications to register, and renewals and extensions of, any of the foregoing in any

jurisdiction in the world.

As between You and Us, all right, title and interest, including all Intellectual Property Rights, in

the Services, any related materials, logos, products, and documentation, and any other

property or materials furnished or made available hereunder, and all modifications and

enhancements thereof, belong to and are retained solely by Med&Beyond or its licensors,

vendors and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use

of the Services not expressly permitted by these Terms is a breach of these Terms and may

violate copyright, trademark and other laws.

Contacting Med&Beyond

Please feel free to contact Us if You have any questions about the Terms of Use and/or any

other documents referenced herein. You may contact Us at support@medandbeyond.com , or

at Our mailing address:

Med&Beyond A.I. Inc.

1460 Broadway

New York, New York 10036

Data Security Officer

Carine-Belle Feder at support@medandbeyond.com