Terms + Conditions

POLLYE Health Card is about providing you with a health card with a concise, accurate, and integrated view of your relevant medical data, relevancy determined by your Physicians or the POLLYE Health Staff Physicians. The POLLYE Health Card website and its current and future interfaces and applications (the “Service”) are owned by Pollye Health, Inc. and are available over the internet, either via computers or mobile devices and as a tangible product. The Service’s aim is to assist patients with aggregation and integration of their relevant medical history. The Service will also interact with other websites, applications, and portals owned by Pollye Health, Inc. or its affiliates (the “Affiliated Services”)

We believe that having your personal health and medical data carried by you help keep you safe from medical errors and unnecessary repeated testing.

END USER LICENSE AGREEMENT

IMPORTANT – READ CAREFULLY: This End User License Agreement (this “EULA”) is a legal agreement between you (whether you are joining for yourself or on behalf of a minor or a person to whom you are a caregiver) the User (“User”, “you”, “your”), and Pollye Health, Inc. governing your use of POLLYE Health Card platform service (the “Service”).

UNDER THE TERMS OF THIS EULA, YOUR ACCESS TO AND USE OF THE SERVICE IS SUBJECT TO YOUR REVIEW AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. BY USING THE SERVICE AND/OR DOWNLOADING ANY APPLICATIONS RELATED TO THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR ANY PART THEREOF.

A. Your Use of the Service.

TERMS AND CONDITIONS

Last updated April 9, 2019

(a) Initial Sign Up. The Service is intended to be used by individuals and healthcare providers and facilitate communication between them. The service requires a valid, working email address and other information to initially set up your access to the Service. You will be required to sign up and complete the online registration process. By using the Service, you understand that Pollye Health, Inc. may use certain sign up information, and similar non-private healthcare information for its internal analytics purposes, but at no time will Pollye Health, Inc. disclose to any third party your medical information unless you give it permission to do so. Pollye Health, Inc. will not be liable for any harm related to the misappropriation of your personal information or your authorization to allow another person or entity to access and use the Service under your credentials.

(b) Use of Functions/Features. You understand that you alone provide access and permission to your private healthcare information to any healthcare provider(s). You understand that by connecting to your healthcare provider(s) through the Service, you are giving permission to your healthcare provider(s) and/or Pollye Health employed physicians to upload medical information or other pertinent information on your behalf. Pollye Health, Inc. does not control or otherwise dispense your private healthcare information unless you provide it express permission to do so.

(c) Limited License to User Content. You may also upload personal health information, prescription information, or images of medical problems(“User Content”) into the Service, subject to certain limitations described in this Section1 and ONLY in the patient only section, not the doctor only section. If you enter User Content into the Service, or if Pollye Health, Inc. enters User Content into the Service on your behalf, Pollye Health, Inc. requires a license to that User Content so that it can process the data and provide the Service to you. Therefore, by entering User Content into the Service, by whatever means, you hereby grant to Pollye Health Inc. and any requisite licensors, a limited, irrevocable, royalty-free, and non-exclusive license during the Term to reproduce, adapt, modify, translate, publicly perform, publicly display, and distribute User Content solely to enable Pollye Health, Inc. to provide the Service to you.

(d) User Content Warranty. By accepting this EULA, you represent and warrant that (a) you have the authority and right to transmit User Content to Pollye Health, Inc. and (b) the use of User Content will not infringe the intellectual property rights or other private rights of any third party. You covenant that you will only supply Pollye Health, Inc. with materials that you have the right to supply.

(e) Use of User Content at User’s Risk. Pollye Health, Inc. shall have no responsibility for the accuracy, quality, integrity, legality, reliability, or appropriateness of your User Content, and Pollye Health, Inc. shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of any User Content. You acknowledge that use of any User Content generated, obtained, or acquired through the use of the Service is at your sole risk and discretion. Pollye Health, Inc. and its licensors are not liable or responsible for any results generated by you using your User Content.

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(f) Medical Disclaimers. Pollye Health, Inc.is not responsible for the accuracy of any information or content provided or sent by you or other users of the Service, including your healthcare provider(s). You are responsible for verifying the accuracy of any information you send or receive through the Service, including any of your patient health information, records, or data. The Service is not intended for Emergency use. If you have an emergency, do not use the Service to contact your healthcare team. Call 911 immediately.

Pollye Health, Inc. does not endorse any particular healthcare provider and does not make any representations or warranties with respect to these healthcare providers or the quality of the services they may provide. Pollye

Health, Inc. uses reasonable efforts to ensure that healthcare providers who are on the Service have the certifications necessary to practice in their specialty or are duly representatives of a healthcare provider.

Healthcare Providers on the Service may have a contractual relationship with Pollye Health, Inc. and/or pay a fee to appear on the Service.

(g) Compliance with Privacy Laws. The Service’s Privacy Policy applies to the use of the Service and its terms are incorporated and made part of the Terms of Use and can be accessed through the Service. With respect to its operation of the Service, and to the extent required by the HIPAA (Health Insurance Portability and Accountability Act of 1996 and HITECH (Health Information Technology for Economic and Clinical Health Act) laws, collectively known as the Privacy Laws, Pollye Health, Inc. will fully comply with the Privacy Laws. Pollye Health, Inc. will use reasonable and appropriate safeguards to prevent unauthorized use or disclosure of Protected Health Information (“PHI”). Pollye Health, Inc. will also mitigate, to the extent practicable, the harmful effect of any unauthorized disclosure of PHI.

When you use the Service to upload and transmit PHI, you agree that Pollye Health, Inc. and all other persons or entities involved in the operation of the Service, have the right to monitor, retrieve, store,

review, and upload PHI on you or your healthcare providers’ behalf in connection with the transmission of any PHI.
To the extent permissible under the Privacy Laws and any other applicable

Federal and State laws, you hereby grant Pollye Health, Inc. a perpetual, unlimited license to use data and information that is compiled or transmitted through the Service that relates to you and your patient care (known as “Client Data”) in a de-identified format as defined under the Privacy Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis.

Pollye Health, Inc. does not assume any responsibility for your use or misuse of PHI or other information transmitted, monitored, or received while using the Service. Pollye Health, Inc. reserves the right to delete any uploaded content (along with the right to revoke your membership or access to the Service) that in Pollye Health, Inc. discretion,

violates the Terms of Use and/or Privacy agreements.

(h) What to do if you believe your privacy rights have been violated. If you think that Pollye Health, Inc. may have violated your privacy rights or you disagree with any action we have taken with regard to your private healthcare information, we want you, or your guardian to speak with us. It's the goal of Pollye Health, Inc.to give you the best service while respecting your

privacy. You may contact Pollye Health, Inc.at info@Pollye.com with any questions, comments, or concerns regarding your privacy.

(i) Ads and Links to Third Parties. The Service may include sponsored advertising and that by agreeing to use the Service, you consent to the presence of sponsored ads. Pollye Health, Inc. may also contact you regarding offers, products, and services that Pollye Health, Inc. believes may be beneficial to you. Pollye Health, Inc. will do so via the contact information you provide. By using the Service, you authorize Pollye Health, Inc.to contact you in such a manner.

The Service may also contain links to third party sites or other websites (“Linked sites”). You acknowledge and agree that Pollye Health, Inc. shall not be responsible or liable for content associated with these

Linked sites.

(j) Terms of Use Agreement and Privacy Policy Updates. Pollye Health, Inc. reserves the right to make changes to parts of the Terms of Use and the Privacy Policy Agreement at any time. You are responsible for checking the Terms of Use and Privacy Policy updates. Your use of the Service means that you agree to any updated version of the Terms of Use and Privacy Policy that is made available through the Service.

(k) Data Transmission. You acknowledge that data transmission by you, your healthcare providers, Pollye Health, Inc. Affiliates, or by Pollye Health, Inc. on your behalf are subject to human and machine errors, delays, and possible loss of data. Pollye Health, Inc. shall not be held liable for any such errors, omissions, or losses. You understand that Pollye Health, Inc. does not control the devices or computers or the Internet over which you may choose to enter confidential or personal information and cannot, therefore, prevent interceptions or compromises to your information while in transit to the Service. Pollye Health, Inc. makes no guarantee as to the security, integrity, or confidentiality of any information transmitted to or from the Service.

2. Grant of License. Pollye Health, Inc. hereby grants you a nonexclusive, nontransferable, limited, and temporary license to use and access the Service, for the Term, with equipment owned by you or under your control, according to the terms and conditions of this EULA. This EULA permits your usage of the Service, for your own personal needs by signing in using your email and password or contact Pollye Health, Inc. with designated phone number.

3. Limited Right to Use. You may use the Service only in accordance with all of the terms and conditions of this EULA. Without limiting the foregoing, you acknowledge and agree to each of the following provisions:

(a) Ownership. You acknowledge that (i) all right, title and interest in and to all of the Service, and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith, are

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and shall remain with Pollye Health, Inc. and/or its licensors, (ii) no right or interest in the Service is conveyed to you other than a limited license to use the Service in accordance with these terms and conditions, (iii) the Service is protected by the copyright laws of the United States, and (iv) Pollye Health, Inc. asserts that the Service embodies valuable confidential and secret information of Pollye Health, Inc., the development of which required the expenditure of considerable time and money. Any right not expressly licensed to you herein is expressly reserved.

(b) Certain Obligations. You (i) shall not disclose or provide any portion of the Service (or any modifications or derivatives thereof) to any other party that is not otherwise authorized by Pollye Health, Inc. (ii) shall not alter, reverse engineer, disassemble or decompile any part of the Service, (iii) shall take all reasonable precautions to prevent unauthorized or improper use or disclosure of the Service, (iv) shall not remove any copyright and other proprietary notices contained in the Service, (v) shall not utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by Pollye Health, Inc.in connection with the Service, or use of the Service together with any copy protection device not supplied by Pollye Health, Inc. directly, and (vi) shall maintain all usernames, passwords, phone numbers in a manner so as to reasonably preclude unauthorized use thereof or access thereto. You alone are responsible for the security of your username and password and designated phone number.

(c) Third Party Components. Unless expressly permitted herein, you may not use any third party component contained in or provided with the Service separately from your use of the Service.

(d) Distribution Limitation. You may not share your POLLYE Health Card, username or password associated with the Service with any other individual or party. You may not rent, lease, or lend the Service. You may not distribute usernames, passwords, or copies of the Service to third parties. Any actions in violation of this section will result in immediate termination of your access to the Service.

(e) Restricted Rights for U.S. Government Users. If User is an individual, agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, or if any of the Service is used by or on behalf of a unit or agency of the United States Government, the Government agrees that the Service are “commercial computer software” or “commercial computer software documentation” and that, absent a written agreement to the contrary, the government’s rights with respect to these, including the use, duplication, reproduction, release, modification, disclosure, or transfer of the Service is limited by the terms of this EULA, pursuant to FAR § 12.212 and/or DFARS § 227.7202, as applicable. For purposes of any public disclosure provision under any federal, state or local law, it is agreed that the Service and any associated content is a trade secret and a proprietary commercial product and not subject to disclosure.

(f) Foreign Export. No portion of the Service shall be exported or re-exported in violation of any export provisions of the United States or any other applicable jurisdiction.

(g) Copyright Protection and Notice. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Service. Copyright © 2018 Pollye Health, Inc., All rights reserved.

4. Term; Termination.

(a) Term. This Terms of Use Agreement should remain in effect until you cease using the Service and/or delete any applications, phone numbers, links related to the Service from your mobile device. In addition, you agree that Pollye Health, Inc. may terminate your use if deemed at Pollye Health, Inc.‘s discretion that you violated the Terms of Use Agreement.

(b) Effect of Termination. Upon any termination: (a) User shall immediately cease using or otherwise accessing the Service and (b) Pollye Health, Inc. will immediately deactivate User’s account and any access thereto; and (c) within thirty (30) days after the relevant termination date, Pollye Health, Inc. will destroy all User Content that has been uploaded or otherwise published to the Service. (d) User agrees to stop using the POLLYE Health Card product , (e) Pollye Health, Inc. reserves the right to disclose any information Pollye Health, Inc. deems necessary to comply with legal process, respond to a claim that the rights of others on the Service was violated, or to protect the rights, property, or personal safety of Pollye Health, Inc. employees, users of Pollye Health, Inc. service, Affiliates, and/or the public.

5. Modification or Termination of the Service: Pollye Health, Inc. may, at its sole discretion and without any liability, change, make improvements, discontinue, or suspend any part or all of the Service, temporarily or permanently, at any time without prior notice.

6. Limited Warranty; Limitations of Liability.

(a) Dependencies. User acknowledges and agrees that (a) the Service requires access to and use of the Internet and that the Internet is an unregulated, public network over which Pollye Health, Inc. exerts no control and (b) Pollye Health, Inc. has no responsibility for operating and maintaining User’s connection to the Internet to access and use the Service.

(b) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5, THE SERVICE IS PROVIDED “AS IS” AND POLLYE HEALTH INC. AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

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MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL POLLYE HEALTH INC. OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL POLLYE HEALTH INC. BE LIABLE FOR ANY DAMAGES, REGARDLESS OF WHETHER THEY HAVE BEEN INFORMED OF SUCH DAMAGES. IN ADDITION POLLYE HEALTH, INC. AND ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY THEORY FOR (a) LOST OR INACCURATE DATA OR USER CONTENT OR (b) PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES, OR SERVICES.

(c) In no event shall Pollye Health, Inc. be liable for any exemplary, special, incidental, indirect or consequential damages (including loss of profit, revenue, or data), arising out of or relating to this EULA even if it has been advised of the possibility of such potential loss or damages, or for any interruption, inaccuracy, error or omission, regardless of cause, in the Service. In no event shall the aggregate liability of Pollye Health, Inc. exceed the amount of fees actually paid by you to Pollye Health, Inc. during the preceding twelve (12) months prior to the incident giving rise to the claim.

(d) THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND POLLYE HEALTH INC. DOES NOT EXTEND ANY MEDICAL ADVICE TO ANY USER. YOUR USE OF THE SERVICE IS NOT A SUBSTITUTE FOR YOUR DOCTOR’S IN-PERSON, PROFESSIONAL JUDGMENT. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SERVICE, THE SERVICE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH THEY MAY BE USED. POLLYE HEALTH, INC. SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SERVICE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SERVICE AND THE SELECTION OF THE SERVICE, CONTENT, AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS.

(e) THIS EULA PROVIDES USER WITH SPECIFIED LEGAL RIGHTS AND USER MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF WARRANTIES, SO THE ABOVE WARRANTY, DISCLAIMER AND LIMITATIONS OF LIABILITY OR EXCLUSIONS MAY NOT APPLY.

7. Assignment; Amendment. This EULA is binding upon and inures to the benefit of the parties and their respective successors and assigns. Neither this EULA nor any of the rights, interests or obligations under it shall be assigned, in whole or in part, by operation of law or otherwise by User without the prior written consent of Pollye Health, Inc. All other transfers by User shall be null and void. Pollye Health, Inc. may assign this EULA. This EULA may only be changed, altered, or amended by Pollye Health, Inc.at any time.

8. General Terms. Any dispute arising under or in connection with this EULA or related to any matter that is the subject of this EULA shall be subject to the exclusive jurisdiction of the state and/or federal courts located in the Commonwealth of Massachusetts (U.S.A). This EULA shall be deemed to have been executed in the Commonwealth of Massachusetts (U.S.A.). Further, this EULA shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Massachusetts (U.S.A.) without regard to its conflict of laws principles. The parties expressly exclude the provisions of the United Nations Convention on Contracts for the International Sale of Goods. To the extent that any provision of this EULA is found by a court of competent jurisdiction to be void or unenforceable, such provision shall be without effect and the remainder of the Agreement shall be enforced to the full extent of the law. No action arising out of or related to this EULA may be brought by User more than one year after the cause of action was or reasonably should have been discovered. A waiver of any breach of this EULA shall not constitute a waiver of any other breach or covenant of the EULA. A waiver shall not be effective unless made in writing. Pollye Health, Inc. shall not be liable for any delay or failure due to acts of God, natural disaster, labor disputes, changes in government policy/law, riots, war, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, disruptions caused by the Internet or service providers, or other occurrences which are beyond its reasonable control (collectively, “Force Majeure”). If Pollye Health, Inc.is delayed in the performance of any delivery of the Service or provision of anything else provided under this EULA for reasons beyond its control, such delivery or services shall take place as soon as is reasonably possible.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND POLLYE HEALTH, INC. AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA.

PLEASE INDICATE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND ACCEPT THE FOREGOING TERMS AND CONDITIONS BY CLICKING THE “ACCEPT” BOX.

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