Tuune – Terms of Service

1. Introduction

Welcome to Tuune! These Terms of Service (“Terms“) govern your access to and use of the

website (the “Site“) and the Tuune mobile applications and services, including our Health Assessment, medical consultations, and hormone testing (collectively, the “Services“). You agree that by visiting the Site or by registering or using the Services, you are entering a legally binding agreement with Uniq Health Inc., a Delaware limited liability company, with a principal office of 26 Broadway c/o Primary 8th Floor, New York, NY 10004, the owner of the Health Assessment and the Tuune technology platform (“Uniq“, “Tuune“ or “we“, “our“, “us“) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement“). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement. By agreeing to these Terms, you are deemed to be capable of making medical decisions regarding your own health and to have sufficient fluency in English as to understand these Terms.

2. Disclaimers

Tuune as Technology Platform: Tuune acts as a technology platform to connect registered users of the Services with independent physicians (“Physicians“) for medical consultations and Ayumetrix, a clinical laboratory located at 17387 63rd Ave., Lake Oswego, OR 97035 (“Laboratory“), for hormone testing. Tuune is not a health care provider and does not offer or provide any medical advice, treatment recommendations or laboratory services. You acknowledge that you are not entering into a physician-patient relationship with Tuune, and that Tuune is not liable for any advice, medical care, or treatment you receive from Physicians or the services provided by Laboratory (“Laboratory Services“) or for any consequences, injury or harm that may result therefrom. You acknowledge that the recommendations given on the Services are not intended to replace your regular healthcare provider service. You should tell your regular healthcare provider about any contraception prescribed by a Physician.

Health Assessments and Questionnaires: You are solely responsible for ensuring that you understand the questions in the questionnaires you complete on the Services (including the Health Assessment described in Section 6 of these Terms). You must contact us at help@tuune.com or speak to your regular healthcare provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the recommendations or information given to you on the Services (including during the Health Assessment). You are responsible for verifying that any information you provide to Tuune, a Physician, or the Laboratory is accurate and complete. Tuune will not be liable for any damages or losses that occur as a result of untruthful, inaccurate or otherwise incomplete information. At Tuune we strive to provide high quality services by providing personalized recommendations based on your responses and specifications. For this purpose, we rely on the information you submit to us during the Health Assessment and any other consultation questionnaires presented on the Services. You must therefore ensure that such information is always submitted truthfully and honestly. You must disclose all relevant information to the best of your knowledge, and ensure it is accurate (whether regarding your age, gender, health history or otherwise) and provide complete, accurate and reliable answers to the questions asked during the Health Assessment regarding your physical and mental profile. To reduce the impact of any potential adverse effects of prescribed contraception, Tuune will help you monitor the effects of your chosen contraception over time through the use of online questionnaires. It is your responsibility to participate in such questionnaires; if you fail to do so, we cannot help to address and mitigate any adverse effects you may be suffering.

Tuune is not an emergency service.

The Services are not a substitute for in-person treatment or advice of your primary care physician or other health care providers. The Services facilitate medical consultations limited to diagnosis and treatment of certain women’s health issues, and not for any other medical or health issue. If you are not feeling well, contact your primary care physician. The Services are not to be used for medical emergencies. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM.

PLEASE ALSO READ THE IMPORTANT ACKNOWLEDGEMENTS AT SECTION 15 OF THESE TERMS.

Physicians: If you are a Physician using the Services you are expressly representing that: (i) you are fully licensed and otherwise qualified to provide the requested services; (ii) your provision of advice or other services is in accordance with all applicable laws, including without limitation, laws related to patient privacy or confidentiality such as HIPAA; (iii) you are fully responsible for the consequences of any advice or information you provide on the Services to the same extent as if you provided the advice or information directly to the client in person or in any other setting; and (iv) your provision of advice or information will be professional, competent and in line with the standards of care and best practices in your industry.

Available States: The Services are only available in the states of California, Illinois, New York, Pennsylvania, and Texas.

3. Basic Terms

You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Tuune and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may not use the Services for any reason. Please contact us if you are aware that a person under 18 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Tuune may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Tuune granting you access to and use of the Services, you agree that Tuune, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

4. Privacy

We aim to offer transparency around our use of your personal information. We (and our partners) will need to process your personal data in order to provide you with our Services – for example, data concerning your health and medical history. We explain how we do this and how we take steps to comply with applicable data protection laws in our

.

We will also ask you to complete our Research Consent Form if you are invited to (and choose to) participate in our research projects and collaborations.

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Tuune account, which you may not be able to opt-out from receiving.

5. Eligibility to use our Services

Unregistered guests are free to browse limited areas of our Site (subject to the relevant provisions of these Terms), but if you wish to access all areas of our Site and use our Services (including our Health Assessment) you must first register for an account with us by completing the online registration form on the Services.

When registering for an account, we ask you to ensure that all information you provide to us on registration is true and accurate, current and complete. If there are any changes to the details supplied to us at registration (or thereafter) it is your responsibility to promptly inform us. Changes to your registration details should be made via your Tuune account.

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Tuune account. Tuune cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us athelp@tuune.com

6. Health Assessment

A key component of the Services is completion of the Tuune Health Assessment questionnaire (the “Health Assessment“). The Health Assessment is a digital health assessment tool that enables both a better understanding of your hormones and precision contraceptive recommendations. The Health Assessment is an integrated health assessment consisting of questions relating to your cycle, wellbeing priorities, medical history and contraceptive history.

To obtain a holistic evaluation of your hormones and health, the Health Assessment will ask you to digitally provide self-reported responses to the questions mentioned above. To provide precision contraceptive recommendations, our proprietary algorithm will match you to the most suitable contraceptive options based on the answers you have provided.

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Tuune account. Tuune cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us athelp@tuune.com

How does it work?

Our Health Assessment will ask you questions relating to your mental and physical background. Tuune will classify users into three contraception eligibility groups:

  • users who can safely be prescribed a combined hormonal contraceptive (CHC) or a progesterone-only pill (POP);

  • users who can safely be prescribed a POP, but not a CHC; or

  • users who will require expert clinical review before any contraception can be prescribed.

The Health Assessment will seek to obtain sufficient information about you to determine which contraception eligibility group you sit in. However, it is your responsibility to ensure that when responding to our Health Assessment the information you give is true, accurate and complete.

If you choose to unlock and pay for the Health Assessment, we will first forward it to a Physician to review and, if clinically appropriate, approve the contraceptive recommendations generated by the Health Assessment. In addition, the Physician may choose to order laboratory testing to evaluate your hormone levels (“Hormone Test“). In that case, the Physician will submit an order for a Hormone Test to the Laboratory. The Laboratory will then send you a home testing kit. You will need to take the laboratory test in accordance with the instructions included with the Hormone Test and send it back to the Laboratory in the packaging provided by the Laboratory. The Laboratory will test your specimens and submit a report to your Physician through the Site. Based on your Health Assessment and the results of the Hormone Test, your Physician will either approve or disapprove the contraceptive recommendations generated by the Health Assessment and notify Tuune. If your Physician approves the contraceptive recommendations, then Tuune will make the recommendations available to you. You may select the contraceptive of your choice and your Physician will electronically send a prescription to your pharmacy.

Please note, Health Assessments, contraceptive recommendations, and Physician feedback (consisting of approval or disapproval of the contraceptive recommendations) are retained by us in accordance with all applicable laws.

More details on our Health Assessment

Title and interest in and to all data generated during our Health Assessment and all intellectual property therein are and will remain with Tuune and its licensors. You acknowledge and agree that you have no right, license or authorization with respect to any of the data (including any intellectual property therein) except as expressly set forth in these Terms.

When using our Health Assessment service, you grant Tuune a worldwide, royalty-free, and non-exclusive license to access and use the data you submit to it in order for us to provide the Services, develop pattern data and machine learning, and otherwise use anonymized data for the purpose of delivering the Services and improving our products and services.

7. Our partners

Tuune does not itself provide medical services, prescriptions, contraception or laboratory services. Tuune provides contraceptive recommendations based on the outcome of your Health Assessment. We partner with Physicians and the Laboratory to provide medical and laboratory services to you. Except as set out above, the contract for provision of our Services, will be between you and Tuune (and is governed by these Terms).

8. Your orders and fees

Tuune does not itself provide medical services, prescriptions, contraception or laboratory services. Tuune provides contraceptive recommendations based on the outcome of your Health Assessment. We partner with Physicians and the Laboratory to provide medical and laboratory services to you. Except as set out above, the contract for provision of our Services, will be between you and Tuune (and is governed by these Terms).

Health Assessment

You may complete our Health Assessment without charge, but before the Health Assessment is unlocked and sent to a Physician, you will be required to pay for the Health Assessment. Your payment constitutes an offer to purchase the associated Services from us. We will confirm whether we accept your offer (by email or on-screen) and at that point you enter into a contract directly with us for provision of Services pursuant to these Terms.

Physician Services

There is no additional charge for the Physician services. The fee to unlock your Health Assessment includes a consultation fee that we collect and pass on to the Physician who reviews your Health Assessment.

Hormone Test

The fee for the Hormone Test (if ordered by your Physician) is provided on the Site. You will be required to pay for the Hormone Test through the Site before the Laboratory sends you the Hormone Test. We will transmit payment for the Hormone Test to the Laboratory.

Method of Payment

We currently only accept payments made on the Services via Stripe.

Free trials

We may (at our sole discretion) make our Health Assessment available to users on a free of charge basis for a limited trial period only. Details of the trial period will be published on the Services. Please note, we reserve the right to suspend or withdraw the free trial period for any reason. In such circumstances we will use reasonable efforts to notify you in advance.

9. Pricing, payment, refunds and cancellations

All prices on the Services are in U.S. dollars and are exclusive of tax.

In providing payment card details, you confirm that you are authorized to use the card and authorize us, or our payment service provider (currently Stripe), to take payment in full for the Health Assessment and Hormone Test charges due to us under these Terms. The transaction will appear on your bank or card statement as ‘Tuune’.

Refunds will only be made for defective Hormone Tests. In this case, refunds will only be made using the payment gateway to the card originally used for payment. Refunds may take up to ten working days to appear on a card statement.

You will not be able to cancel any payments that you make through the Site.

10. Important acknowledgements

In relation to your use of our Site and the Services you acknowledge and agree to the following:

  • Tuune will not be liable for any damages arising out of:

    • any failure by you to provide (and maintain) complete, truthful and accurate information to us, including in our Health Assessment and all other questionnaires you complete;

    • any failure by you to follow advice given by a Physician; or

    • any failure by you to pass on information given on the Services to your regular healthcare provider (where applicable).

  • You are not allowed to register for more than one account with us. Please do not register or complete the Health Assessment or any questionnaires on behalf of anyone other than yourself and do not allow any other person to use your account to access the Health Assessment or use any other person's Tuune account to use our Services.

  • Please do not use contraception or follow any medical information if it has been previously contra-indicated or requires a second opinion or any contra-indication is flagged via the Services (including the Health Assessment).

11. Content Standards and Acceptable Use Policy

Any material which you contribute or upload to the Services (including the Health Assessment) must be true, accurate and correct, comply with applicable law and must not be defamatory of any person, obscene, offensive, hateful or inflammatory, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any copyright, database right or trade mark of any other person, be likely to deceive any person, breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or impersonate any person, or misrepresent your identity or affiliation with any person.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

You may use the Services only for lawful purposes. You may not use the Services (including the Health Assessment):

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful, illegal, fraudulent or harmful, in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

  • For the purpose of harming or attempting to harm minors in any way.

  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly copy, store, host, transmit, send, publish, distribute, use or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, rootkit, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  • For the purpose of harming or attempting to harm minors in any way.

    • In any way that breaches any applicable local, national or international law or regulation.

    • any failure by you to follow advice given by a Physician; or

    • any failure by you to pass on information given on the Services to your regular healthcare provider (where applicable).

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Services in contravention of these Terms.

  • Not to decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services and not attempt to disable, “hack” or otherwise interfere with the proper functioning of the Services.

  • For the purpose of harming or attempting to harm minors in any way.

  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly copy, store, host, transmit, send, publish, distribute, use or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, rootkit, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  • Not to access without authority, interfere with, damage or disrupt:

    • any part of the Services;

    • any equipment or network on which our Site or the Services are stored; or

    • any software used in the provision of our Site or Services.

12. Intellectual property

You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with the Services, including our Health Assessment, including the manner in which the Health Assessment is presented or appears and all information, materials and documentation relating to it, is our property (or that of our licensors), and nothing in these Terms shall be taken to transfer any of the intellectual property to you. All such rights are reserved.

You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site or Services without our prior written permission and indemnify Tuune in the event that you do so. Solely for the purposes of using the Site and Services, we hereby grant to you for the period during which our Services are provided a non-exclusive, non-transferable license to use the intellectual property, as may be required.

Our status (and that of any identified contributors) as the authors of material on our Site and Services must always be acknowledged.

You must not use any part of the materials on our Site or Services for commercial purposes without obtaining a license to do so from us or our licensors.

Copyright

All content Tuune or its affiliates make available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Tuune, its affiliates, or its content suppliers and is protected by copyright laws worldwide.

13. Links to third party sites

The Site and our Services may include links to websites of third-party content or service providers. Tuune is not responsible or liable for the content, products or services available on third-party sites, and any use of those sites is subject to their terms of service and privacy policy and not those of Tuune. Any link to another website does not imply that Tuune endorses or accepts any responsibility for the content, safety, reliability, or quality or the materials. Be sure to study the privacy policies and other information about what, how and why a website may collect and use information you provide.

In order to interact with our Physicians, Laboratory, payment providers and for other functionalities of the Services, you may need to access third party services (including Stripe), as well as other service integrators and facilitators. You must accept their terms of service and privacy policies in order to use the service and we are not responsible for their services (including any errors), or actions they may take to enforce their own legal rights.

14. Our liability

The Health Assessment is operated by Uniq. The prescription service and dispensed contraception is the responsibility of your pharmacy, and Uniq has no liability to you in respect of the services provided by your pharmacy in dispensing the contraceptive to you. Uniq does not fulfill prescriptions. You agree that any claim you make in connection with the prescription service and dispensed contraception will only be brought against your pharmacy. Additionally, Tuune is not liable for the acts or omissions of the Physicians or Laboratory.

15. Disclaimers, Limitations of Liability and Indemnity

Please read this section carefully since it limits the liability of Tuune and its members, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Tuune Entities“). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-IS” Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE TUUNE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Tuune Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Tuune users, including without limitation, any advice, recommendations, treatment plans or other information provided by the Physicians or Laboratory; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information provided on the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Tuune Entities or through the Services, will create any warranty not expressly made herein. TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE TUUNE ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR OMISSIONS OF THE PHYSICIANS OR LABORATORY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE PROVISION OF MEDICAL SERVICES, CONSULTATION, OR TREATMENT BY PHYSICIANS. 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.”

A. The Services are Available “AS-IS”

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE TUUNE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Tuune Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Tuune users, including without limitation, any advice, recommendations, treatment plans or other information provided by the Physicians or Laboratory; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information provided on the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Tuune Entities or through the Services, will create any warranty not expressly made herein. TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE TUUNE ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR OMISSIONS OF THE PHYSICIANS OR LABORATORY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE PROVISION OF MEDICAL SERVICES, CONSULTATION, OR TREATMENT BY PHYSICIANS. 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.”

B. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TUUNE ENTITIES, PHYSICIANS AND LABORATORY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TUUNE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TUUNE, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TUUNE ENTITIES, PHYSICIANS, AND LABORATORY HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

C. Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Tuune Entities, from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) any information, advice, treatment recommendations or other content you transmit via the Services; (2) your failure to comply with the Terms, including without limitation, your obligations and representations provided in Section 2; (3) your interactions with any other Tuune user; (4) your use or disclosure of information, including without limitation, personal information or medical information you learned about on or through the Services; and (5) any activity in which you engage on or through the Services.

16. Changes to these Terms

We may update these Terms at any time. Please check this page from time to time for any changes, as the latest version will be binding on you when you use our Site and Services (including our Health Assessment). In the event of any conflict between the current version of these Terms and any previous versions, the provisions that are current and in effect shall prevail unless it is expressly stated otherwise.

17. Termination of your Tuune account

Tuune may, in its sole discretion, terminate your account or your use of the Services at any time. In, particular, Tuune shall have right to suspend or terminate your account immediately in the event of an emergency, suspected fraud, enforcement by external authorities or regulatory requirement or on provision of at least 10 days’ prior written notice to you.

You can terminate your Tuune account at any time by emailing us athelp@tuune.com You remain personally liable for all charges that you incur prior to termination.

18. Jurisdiction and applicable law

These Terms and any action related thereto will be governed by the laws of the state of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in New York City, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Tuune related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

19. Other important terms

These Terms constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of the Services.

We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.

If any of these Terms are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. If you have any concerns about the material which appears on the Services or concerns with regards to our services, please contact: help@tuune.com.

Last updated: 22 Oct 2021.

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