Please read these terms and conditions carefully before using Our Service.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE COMPANY SERVICE FOR IMMEDIATE, URGENT MEDICAL NEEDS. THE COMPANY SERVICE IS NOT DESIGNED OR INTENDED TO FACILITATE MEDICAL EMERGENCIES.

These Terms of Service (“Terms” or “Terms of Service”) of Cardiothene, LLC, a New Jersey limited liability company, and/or its subsidiary and affiliated entities (collectively, “Cardiothene,” “us,”“we,” or “our”), govern your access to and use of the Cardiothene services, including without limitation the Clinician Review Service (as hereinafter defined), the various mobile applications, websites, wearables, devices, hardware, SMS, APIs, email notifications, buttons, widgets, features, ads and commerce services (including without limitation all current and future digital products and service offerings we make available and any products, services, and content provided in collaboration with our partners), that are operated by Cardiothene and link to these Terms (collectively, the “Services”), and any form of information, data or creative expression (including without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, data and data elements derived therefrom, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, materials or arrangements of materials, patents, sounds, applications and any intellectual property therein) that may be generated, uploaded, downloaded, appearing or otherwise made accessible on or through the Services (collectively referred to as “Content”).

By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Service, our Privacy Policy, and the Notice of Privacy Practices provided to you. If you do not agree to be bound by these Terms of Serviceand our Privacy Policy, you are not authorized to access or use our Platform and/or the Services; PROMPTLY EXIT THIS WEBSITE.

Binding Arbitration. These Terms of Service provide that all disputes between you and Cardiothene that in any way relate to these Terms of Service, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review for the details regarding your agreement to arbitrate any disputes with Cardiothene.

If you have any questions about these Terms of Service, please contact us.

Services Provided – Medical Disclaimer

Cardiothene is not a medical group and does not provide medical advice, care, and/or treatment. Cardiothene has created and compiled the Services and the information and Contentprovided through the Services for your general information and use, not to provide professionalmedical advice. The Services are not medical devices, and the data provided by them is notintended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease,ailment or injury. Neither the Services nor the information and Content provided through theServices, whether provided by us or by other users or third parties (even if they are claiming tobe a physician!) is intended to replace or modify (and should not be used in place of) (i)themedical advice of your health care provider(s), medical professional(s) and/or physician(s), (ii) avisit, call or consultation with your care provider(s), medical professional(s) and/or physician(s),or (iii) information contained on or in any product packaging or label. Please remember that theServices and the information and Content provided through the Services, in the absence of a visitwith a health care provider, medical professional and/or physician, must be considered as aninformational/educational service only and are not designed to replace a health care provider’s,medical professional’s, and/or physician’s independent judgment about the appropriateness ofrisks of a procedure or condition for a given patient. Your use of the Services does not constituteor create a doctor-patient, therapist-patient or other healthcare professional relationship between Cardiothene and you.

Without in any way limiting the foregoing, your use of the Services (including without limitationthe Clinician Review Service) with respect to electrocardiograms (“ECG DATA”) is onlyintended to record, display, store, and transmit ECG Data (and allow Cardiothene to arrangesfor a third party medical professional electrocardiogram (“ECG”) analysis group to provide theClinician Review Service to you through the Services for a fee). As the Services relate to ECGData: (i) you, as the user of the Services, are responsible for the ECG Data recorded and stored by the Services; (ii) the Services are not intended to diagnose any heart condition orautomatically alert any health care provider(s), medical professional(s), physician(s) or patient(s)to potentially serious heart or cardiovascular conditions or abnormal arrhythmias; (iii) theServices are not intended for continuous monitoring and we do not guarantee a response by anyhealth care provider(s), medical professional(s) or physician(s) to ECG Data and/or medicalevents posted, recorded, displayed, stored and/or transmitted through the Services, and (iv)although the Services may enable you to use an optional ECG Data interpretation service and/orconnect your account to your health care provider(s), medical professional(s) and/or physician(s)through the Services, Cardiothene and the Services do not automatically review, monitor,evaluate or analyze any ECG Data (any other Content) generated, uploaded, downloaded,appearing or otherwise made accessible on or through the Services.To the maximum extent permitted by applicable law, you expressly agree (i) we are notproviding medical advice via the Services, and (ii) we are not responsible for any healthproblems that may result from the information and Content provided through the Services.Should you have any medical and/or health related questions, please call or see your health careprovider(s), medicalprofessional(s) and/or physician(s) promptly. IT IS YOURRESPONSIBILITY TO PRESENT YOUR ECG Data and any other data, information or ContentTO YOUR health care provider(s), medical professional(s) and/or physician(s) FOR PROPERANALYSIS AND DIAGNOSIS. ANY INTERPRETATION AND FOLLOW UPRECOMMENDATION PROVIDED by us or through the Services IS ONLY THAT, ARECOMMENDATION. THE DECISION TO COMPLY WITH THE RECOMMENDATION ISYOUR RESPONSIBILITY.

Please consult your health care provider(s), medical professional(s) and/or physician(s) foradvice about a heart or cardiovascular condition, an abnormal arrhythmias and/or any specificmedical condition. If you have an emergency, call your physician or your local emergencyservices immediately.

Risk of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or healthcare decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Eligibility

The Services are intended only for residents of the United States of America. You must be at least 18 years of age to use the Services. By agreeing to these Terms, yourepresent and warrant to us that: (i) you are at least 18 years of age; (ii) you have not previouslybeen suspended or removed from the Services; and (iii) your registration and your use of theServices is in compliance with all applicable laws and regulations in your local jurisdiction. Ifyou are accepting these Terms and using the Services on behalf of a company, organization,government, or other legal entity, you represent and warrant that you are authorized to do so andhave the authority to bind such entity to these Terms, in which case the words “you” and “your”as used in these Terms shall refer to such entity.No individual under the age of 18 may use the Services, provide any Personal Data (as that termis defined in our Privacy Policy) to Cardiothene, or otherwise submit Personal Data throughthe Services (e.g., a name, address, telephone number, race, gender, date of birth, email address, ECG Data, or medicalconditions).

Your Account

To access most features of the Services, you must register for a CardiotheneAccount. Whenyou create your CardiotheneAccount for any of the Services, you must provide us withaccurate and complete information as prompted by the CardiotheneAccount creation andregistration process, and keep that information up to date. Otherwise, some of the Services maynot operate correctly, and we may not be able to contact you with important notices.We do not guarantee that any information you provide will not be intercepted by a third-partyduring transmission over any public networks or otherwise.You are responsible for maintaining the confidentiality of any and all actions that take placewhile using your CardiotheneAccount (including but not limited to the restriction of accessto your mobile device, tablet, computer and/or CardiotheneAccount). You must contact usright away regarding any actual or suspected loss, theft, or unauthorized use of yourCardiotheneAccount or CardiotheneAccount password. We are not responsible for anyloss that results from unauthorized use of your username and password. You are responsible forthe activity that happens on or through your CardiotheneAccount. Try not to reuse yourCardiotheneAccount password on third-party applications.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

By clicking “I agree to the Cardiothene Terms of Service” and registering, you have indicated that you agree to be bound by all of these terms. Please print and retain a copy of these Terms. Company may, from time to time, change these Terms. When the terms are changed, Company will post the updated terms and require you to review and accept the new terms before you continue to use the Service. Your continued use of the Service after such changes become effective constitutes acceptance of the new terms. If you do not agree to such changed terms, or if at any time you no longer wish to otherwise abide by these Terms, you should not access or use the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property

The Service, its features and content are owned by Company or its licensors, for itself or on behalf of its affiliates and are protected by U.S. and international copyright and other intellectual property laws. Company shall retain title, ownership rights and all intellectual property rights in and to the Service features and any and all software, documentation, intellectual property or other proprietary information or materials used or delivered in connection with the Service. Unless otherwise stated, you may print or download information from the Service for personal, non-commercial use only, provided:

• you do not modify any documents or their related graphics in any way;
• you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and
• you include an acknowledgement alongside the copied material noting the source of the material and include the statement “the materials are protected by copyright law.”

Reprinting or otherwise reproducing any document in whole or in part is prohibited, unless prior written consent is obtained from the copyright owner. Nothing in these Terms shall be interpreted to mean that you have rights to repackage, sell, resell, post on blogs or on any other platform, republish, reproduce, link or frame or store any material without our permission.

You acknowledge and agree that we shall have the right in its sole discretion to refuse to accept or to remove any content provided by you in connection with The Service features if doing so would violate these Terms or would be otherwise objectionable in our sole and absolute discretion. 

These Terms do not grant you any right, title, license or interest in or to any software or documentation, or in any related patents, copyrights, trademarks, trade secrets or other intellectual property of any kind, of Company, or their affiliates. You shall not acquire any rights of any kind in or to any trademark, service mark, trade name, logo or product or service designation (whether or not registered) under which Company, and their affiliates market their products or services and you shall not use the same for any reason.

All copyrightable text, graphics, design, selection and arrangement of information in this platform are copyrighted by Company unless otherwise noted. You may not edit or alter any material on the Service.

You acknowledge that Company may terminate or suspend your right to use the Service if you breach, or if Company has reasonable grounds to suspect that you have breached the provisions of these Terms.

You may not reverse engineer, disassemble, or decompile, derive code or materials from, orcapture any source, scripts, layouts, design, metadata, or other information accessible through theServices (including, without limitation, data packets transmitted to and from the Services), oranalyze, decipher, “sniff”, derive code or materials from any packet stream to or from theServices, or attempt any of the foregoing. You expressly waive any legal rights you may have todo any of the foregoing, including any claim that such activities constitute “fair use” or are for“interoperability purposes” under the Digital Millennium Copyright Act.

Further, in using the Services, you may not:

• violate these Terms of Service, infringe upon our rights or the rights of others, or violateany laws;
• conduct or solicit illegal or other activity;
• use any robot, spider, scraper, or other automated or manual means to access the Services,or copy any Content or information on the Services;
• attempt to gain unauthorized access to any portion of the Services or any related networksor systems by hacking, password “mining”, or any other illegitimate means;
• probe, scan, test the vulnerability of or breach the authentication measures of, theServices or any related networks or systems;
• modify or reroute or attempt to reroute the Services;
• link to the Services from any unsolicited bulk messages or unsolicited commercialmessages (“spam”);
• interfere with or damage operation of the Services, including through unauthorized use,disruption, automated attacks, exploitation, or abuse of our resources;
• utilize framing, squeeze back, overlay or other techniques to enclose or display theServices or any Content on the Services, with any other software or Content of a third-party; or
• take any action that places a disproportionately large load on the Services or any relatednetworks or systems.

Using our Services does not give you ownership of any intellectual property rights in theServices or the Content you access. You may not use Content from the Services unless youobtain permission from its owner or are otherwise permitted by law. These Terms do not grantyou the right to use any branding or logos used in the Services. Don’t remove, obscure, or alterany legal notices displayed in or along with our Services.

Clinician Review Service

Cardiothene arranges for a third party medical professional electrocardiogram (“ECG”)

analysis group to provide professional ECG analysis services (“Clinician Review Service”) toyou through the Services for a fee. With your request and consent Cardiothene sends the Clinician Review Service your ECG Data necessary to perform the requested Cardiologist Interpretation. The Clinician Review Service performs the requested service and electronically transmits the Cardiologist Interpretation Review back to Cardiothene’s systems, and we make the report available to you within the Services. By accepting these Terms, you hereby agree to enrollment in the Clinician Review Service, although your use of the Clinician Review Service is optional. You will only be charged for the Clinician Review Service when and if you use the Clinician Review Service. Cardiothene reserves the right to change the Clinician Review Service providers or discontinue one or more of the Clinician Review Service offerings.

Cardiothene contracts with a Telemedicine medical group with a network of United States based health care providers (each, a “Provider”) to provide online Telehealth clinical consultations, services, and/or treatment. The professional medical services provided by Medical Group through the use of our Platform are collectively referred to in this Terms of Serviceas the “Services.”

You may use the Services to generate reports from the Clinician Review Service using your ECGData. Any reports from the Clinician Review Service do not provide professional medical adviceor suggest a diagnosis and serve the sole purpose of providing you with general information withwhich to consult your health care provider(s), medical professional(s) and/or physician(s). Thesereports from the Clinician Review Service are not to serve as a substitute to consulting yourhealth care provider(s), medical professional(s) and/or physician(s) and are intended as generalinformation for you and to be used as a tool by your health care provider(s), medical

professional(s) and/or physician(s) to provide proper diagnosis and treatment, taking into accountyour complete medical history. Diagnosis based on your ECG Data can only be accomplished byyour health care provider(s), medical professional(s) and/or physician(s). It is your responsibilityto present your ECG Data and any other medical data to your health care provider(s), medicalprofessional(s) and/or physician(s) for proper analysis and diagnosis.

You have the option to obtain an ECG recording from your device at any time. Your ECGrecordings are subject to multiple factors related to your health and activities. Cardiothene and the Clinician Review Service providers make no guarantees of the accuracy or clinicalsignificance of the interpretation of your ECG Data. Please be aware that your health careprovider(s), medical professional(s) and/or physician(s) may disagree with the interpretation ofyour EC G Data. If you decide to use the Clinician Review Service, we will share yourinformation with the Clinician Review Service when you give permission through the Services.Due to telemedicine restrictions, your local jurisdiction may restrict your ability to use theClinician Review Service. Since you are using a mobile device to collect your ECG Data, it isyour responsibility to ensure the Clinician Review Service is legal according to your localtelemedicine laws.

Personalized Service

Under some circumstances, Cardiothene may present you with notifications or suggestedactions based on Cardiothene analysis of your historical data and other Content you haveprovided to Cardiothene such as ‘medications’, ‘symptoms’ or ‘activities’. For example,Cardiothene may suggest that you periodically submit your data to the Clinical InterpretationService for continued surveillance of your heart health. Those notifications or suggested actions,or lack thereof, are not an indication of your health, nor are those notifications or suggestedactions intended to replace the opinion of your health care provider(s), medical professional(s)and/or physician(s). It is your responsibility to present your data to your health care provider(s),medical professional(s) and/or physician(s), and to discuss with your health care provider(s),

medical professional(s) and/or physician(s) what the proper course of action is based on yourmedical history. Cardiothene may also allow you to schedule reminder notices using theServices, such as reminders to take medication. Cardiothene makes no representations aboutaccuracy, reliability, completeness, or timeliness of any push notifications, as parts of the processare outside of Cardiothene’s control. You accept that any reliance on these reminders will beat your own risk, and Cardiothene disclaims all liability arising from your use of them. Youagree that Cardiothene may send push notifications to your mobile device for Services-related or marketing purposes, if they are enabled and in accordance with the Privacy Policy. You may turn off push notifications through your device settings.

Payment

Access to some of the Services (including without limitation the Clinician Review Service), or tocertain features of some of the Services (including without limitation the Clinician ReviewService), may require you to pay fees. Before you pay any fees, you will have an opportunity toreview and accept the fees that you will be charged. All fees are non-refundable, to the fullestextent permitted under applicable law. If Cardiothene changes the fees for any of theServices (including without limitation the Clinician Review Service), including by addingadditional fees or charges, Cardiothene will provide you advance notice of those changes. Ifyou do not accept the changes, Cardiothene may discontinue providing the certain of theServices (including without limitation the Clinician Review Service) to you. Cardiothenewill charge the payment method you specify at the time of purchase. You authorizeCardiothene to charge all sums as described in these Terms, for the applicable Service youselect, to that payment method. If you pay any fees with a credit card, Cardiothene may seek

pre-authorization of your credit card account prior to your purchase to verify that the credit cardis valid and has the necessary funds or credit available to cover your purchase. The Service mayinclude functionality for activating, updating or canceling recurring payments for periodiccharges. If you activate or update recurring payments through the Services, you authorizeCardiothene to periodically charge, on a going-forward basis and until cancellation of eitherthe recurring payments or your account, all accrued sums on or before the payment due date forthe accrued sums. If you use the Services to update or cancel any existing authorized one-time orrecurring payment, it may take several business days for the update or cancellation to take effect.Cardiothene does not collect or store financial account information as defined in the PrivacyPolicy.

Updates and Changes

The Services are constantly evolving. With the launch of new products, services, and features,we need the flexibility to make changes, impose limits, and occasionally suspend or terminatecertain Services. We may also update the Services, which might not work properly if you don’tinstall the updates. The Services change frequently, and their form and functionality may changewithout prior notice to you.We may provide updates (including automatic updates) for certain Services as and when we seefit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properlyoperate if you do not install all Updates. You acknowledge and agree that the Service may notwork properly if you do not allow such Updates and you expressly consent to automatic Updates.Further, you agree that these Terms (and any additional modifications of the same) will apply toany and all Updates to the Services. We may change, suspend, or discontinue any or all of theServices at any time, including the availability of any product, feature, database, or Content. Inaddition, we have no obligation to provide any Updates or to continue to provide or enable anyparticular features or functionality of any Service. We may also impose limits on certain Services

or restrict your access to part or all of the Services without notice or liability.

Security

We care about the security of our users. While we work hard to protect the security of yourPersonal Data, User-Generated Content, and Cardiothene Account, we cannot guarantee thatunauthorized third parties will not be able to defeat our security measures. Please contact usimmediately regarding any actual or suspected breach, loss, theft, or unauthorized use of yourCardiothene Account or Cardiothene Account password.

Ownership

All Content that is not User-Generated Content (collectively, “Cardiothene Content”) and all copyright,trademarks, design rights, patents and other intellectual property rights (registered andunregistered) in and on the Services belong to Cardiothene and/or its partners or applicablethird parties. Each user retains ownership, responsibility for, and/or other applicable rights in theContent that a user submits, transfers, or otherwise provides to or through the use of the Services(collectively, “User-Generated Content”) that he/she/it creates, but grants a license of that UserGenerated Content to Cardiothene as explained in below in this Section. Cardiotheneand/or its partners or third parties retain ownership, responsibility for and/or other applicablerights in all Cardiothene Content. Except as expressly provided in the Terms, nothing grants you a rightor license to use any Cardiothene Content, including any content owned or controlled by any of ourpartners or other third parties. You agree not to duplicate, publish, display, distribute, modify, orcreate derivative works from the material presented through the Services unless specificallyauthorized in writing by Cardiothene.

Limitation of Liability Regarding Use of Platform and Services

Cardiothene AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF Cardiothene TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $100 (ONE HUNDRED DOLLARS).