Terms of Service

Acceptance of These Terms of Service

Defensive Health, Inc. (“Defensive Health,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at https://defensivehealth.com/ (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and under the “Legal — Terms of Service” section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DEFENSIVE HEALTH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: At Defensive Health, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://defensivehealth.com/privacy and under the Legal — Privacy Policy section of our Mobile App (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description: The Service is designed to help you review and better understand your medical bills, insurance statements, and related healthcare billing documents; identify potential billing errors, discrepancies, or overcharges; and prepare, and, as authorized, submit and pursue, billing inquiries, disputes, and appeals with your healthcare providers, facilities, and insurers on your behalf; and, where appropriate, escalate billing matters to applicable regulatory or oversight bodies.

Nature of the Service; No Medical Advice: The Service is intended to assist you with navigating the financial aspects of your healthcare, such as reviewing, understanding, and disputing medical bills. Defensive Health is not a healthcare provider, and the Service, including any content, analyses, or other outputs made available through the Service, is provided for general informational and administrative purposes only and does not constitute, and is not a substitute for, professional medical advice, diagnosis, or treatment. Your use of the Service does not create a physician-patient, provider-patient, or similar relationship. The Service does not provide clinical, diagnostic, or treatment services or recommendations, and nothing made available through the Service is intended to be used to diagnose, treat, cure, or prevent any disease or health condition. You should always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or your health, and never disregard or delay seeking professional medical advice because of anything made available through the Service. If you think you may be experiencing a medical emergency, go to the nearest emergency department or call 911 immediately.

No Legal Advice; Not a Law Firm: Defensive Health is not a law firm, does not provide legal advice or legal services, and is not a substitute for the advice or services of a licensed attorney. Your use of the Service does not create an attorney-client relationship between you and Defensive Health or any of the Defensive Health Parties. The Service may provide general information about your rights and options relating to medical billing (including information relating to laws such as the No Surprises Act and the Health Insurance Portability and Accountability Act (HIPAA), and applicable state billing and consumer-protection laws), and may prepare or assist you with billing inquiries, disputes, or appeals; however, none of the foregoing constitutes legal advice, and Defensive Health does not represent you before any court, agency, arbitrator, or other tribunal. Defensive Health is not a debt collector, debt settlement company, or credit repair organization. If you need legal advice or representation, you should consult a licensed attorney in your jurisdiction.

AI-Generated Content and Outputs: Certain content, analyses, error assessments, summaries, dispute letters, communications, and other outputs made available through the Service (collectively, “Outputs”) are generated, in whole or in part, using automated processes, including artificial intelligence and machine learning technologies. Outputs are inherently probabilistic and may be incomplete, inaccurate, or out of date, may not reflect the most current law or your specific circumstances, and may contain errors or omissions. Defensive Health does not guarantee the accuracy, completeness, reliability, or suitability of, any Outputs. Outputs are provided to assist you, and you are responsible for the accuracy and completeness of the information you provide to us, and for any decision you make or action you take (or do not take) where the Service presents a choice for you to make. You should not rely on any Output as a substitute for professional medical, legal, insurance, tax, or financial advice.

No Guarantee of Results: Defensive Health does not guarantee any particular result or outcome from your use of the Service. Without limiting the foregoing, Defensive Health does not guarantee that any medical bill will be reduced or corrected, that any billing error will be identified, that any dispute or appeal will be successful, or that you will receive any refund, credit, or savings. Any statements regarding potential savings or results are illustrative only and are not a promise or guarantee of any specific outcome.

Authorization to Act on Your Behalf: To provide the Service, you authorize Defensive Health and its authorized personnel and service providers to communicate with your healthcare providers, facilities, insurers, and their respective billing and collection agents, and to prepare and, at your direction, submit inquiries, disputes, and appeals regarding your medical bills, in each case on your behalf and solely as necessary to provide the Service. You acknowledge and agree that (a) you may be required to complete separate forms in order for us to provide the Service, such as medical records requests, authorizations, or other designations in order for Defensive Health to access your health records or act on your behalf; (b) Defensive Health acts only as your limited agent for the administrative purposes described in these Terms of Service and any supplemental forms; and (c) you remain solely responsible for the amounts you owe to your healthcare providers, facilities, and insurers, and Defensive Health does not assume, guarantee, or become liable for any such amounts. You further acknowledge and agree that each authorization, consent, medical records request, or other form or designation you complete in connection with the Service may be retained by Defensive Health and relied upon by Defensive Health and its authorized personnel and service providers on a continuing basis throughout the term of these Terms of Service to provide the Service. Defensive Health is not required to obtain a new or separate authorization, consent, or direction from you for each communication or action taken to provide the Service, in each case unless and until you revoke or modify the applicable form in writing (except to the extent Defensive Health has already acted in reliance on it) or the form expires in accordance with its terms.

Your Registration Obligations: You may be required to register with Defensive Health or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 18 years old to use the Service, and you agree to provide true, accurate, current, and complete information as requested by Defensive Health to confirm such express consent.

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Defensive Health of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Defensive Health and its current and future affiliates (collectively, “Defensive Health Affiliates”) will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Caregivers and Authorized Account Operators: You may authorize another individual who is at least 18 years of age (a “Caregiver”), such as a spouse, adult child, family member, or other trusted person, to access and operate your account and to act on your behalf in connection with the Service, provided that you remain the account holder and principal and remain responsible for all activity under your account. An account may also be opened and operated by a Caregiver on behalf of a patient. If you are a Caregiver who opens or operates an account on behalf of a patient, you agree to these Terms of Service both on your own behalf and, as the patient's authorized representative, on behalf of the patient, and you represent and warrant that you are authorized to act on the patient's behalf and to bind the patient to these Terms of Service as principal. In each case, the individual who opens or operates the account is the account holder and is bound by these Terms of Service, the patient is the principal, and both the account holder and the patient are bound by these Terms of Service, including the Arbitration Agreement, the class action waiver, and the limitations of liability set forth herein. You are responsible for the acts and omissions of any Caregiver you authorize as if they were your own, and for ensuring that each Caregiver complies with these Terms of Service. Defensive Health may require documentation reasonably satisfactory to it to verify a Caregiver’s identity and authority, and may rely on the instructions of any person who appears to be an authorized Caregiver until you notify Defensive Health in writing that the authorization has been revoked. If you become incapacitated or are otherwise unable to manage your account, an individual holding a valid power of attorney, health care proxy, guardianship, conservatorship, or similar legal authority may access and operate your account and act on your behalf upon submission of documentation reasonably satisfactory to Defensive Health evidencing such authority. Defensive Health may, but is not obligated to, permit any such access, and may condition it on completion of Defensive Health’s then-current authorization requirements. Access to your health information through the Service by a Caregiver or other representative may also require completion of separate authorization or personal representative designation forms and is subject to our Privacy Policy and applicable Law.

Dependents: An account holder may add to the account one or more dependents whose healthcare bills the account holder manages, including (a) minor children and (b) adults who lack the capacity to manage their own healthcare billing, subject to documentation of authority that Defensive Health may require. By adding a dependent, you represent and warrant that you have the legal authority to act on the dependent's behalf—for example, as a parent, legal guardian, conservator, or holder of an applicable power of attorney—and to bind the dependent to these Terms of Service as principal, and you agree to these Terms of Service on the dependent's behalf. You remain responsible for all activity relating to each dependent under the account. An adult dependent who has the capacity to manage their own healthcare billing must agree to these Terms of Service on their own behalf.

Continuation of the Account Upon Death: In the event of your death, the personal representative, executor, or administrator of your estate (a “Personal Representative”) may request to continue your account and any billing inquiries, disputes, or appeals that are pending at the time of your death. Defensive Health may, in its discretion, permit such continuation upon the Personal Representative’s submission of (a) proof of death reasonably satisfactory to Defensive Health, such as a certified death certificate; (b) documentation reasonably satisfactory to Defensive Health evidencing the Personal Representative’s legal authority to act on behalf of your estate, such as letters testamentary or letters of administration; and (c) authorization documentation, freshly executed by the Personal Representative, in a form then required by Defensive Health. Until Defensive Health has received and approved the foregoing, Defensive Health may pause activity on any such pending matter. Any continuation of the account or a pending matter by a Personal Representative is subject to these Terms of Service, including the fees and payment terms then in effect, and Defensive Health may decline to continue any account or matter in its discretion. Nothing in these Terms of Service obligates Defensive Health to pursue, continue, or complete any matter following your death. By continuing the account or any pending matter, the Personal Representative agrees to these Terms of Service on behalf of the estate, and the estate is bound by these Terms of Service, including the Arbitration Agreement, the class action waiver, and the limitations of liability set forth herein.

Modifications to Service: Defensive Health reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Defensive Health and Defensive Health Affiliates will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Defensive Health may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Defensive Health’s or its third-party service providers’ servers on your behalf. You agree that Defensive Health has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Defensive Health reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Defensive Health reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Defensive Health, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Defensive Health. Defensive Health reserves the right to investigate and take appropriate legal action against anyone who, in Defensive Health’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Defensive Health, is objectionable or which restricts or inhibits any other person from using or enjoying the Service or which may expose Defensive Health or its users to any harm or liability of any type;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

violate any applicable local, state, national, or international law, or any rule, guidance, or regulations having the force of law (“Laws”);

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;

circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or

engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

If you are blocked by Defensive Health from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Defensive Health that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Defensive Health or Stripe (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Defensive Health the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Defensive Health (through Stripe) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Defensive Health know within sixty (60) days after the date that Defensive Health charges you, or within such longer period of time as may be required under applicable Law. We reserve the right to change Defensive Health’s prices. If Defensive Health does change prices, Defensive Health will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Defensive Health’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Defensive Health’s net income.

Payment Processing: Notwithstanding any amounts owed to Defensive Health hereunder, DEFENSIVE HEALTH DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Defensive Health assumes no liability or responsibility for any payments you make through the Service.

Failed Payments; Suspension: If a charge to your payment instrument fails or is declined, Defensive Health (through Stripe) may attempt to process the charge again and will provide you notice of the failed payment through the Service user interface, a pop-up notice, email, or other reasonable means. If your payment instrument remains unpaid after such retry attempts and notice, Defensive Health may pause or suspend performance of the Service, including work on any pending billing inquiries, disputes, or appeals, until the outstanding amounts are paid and your payment instrument is updated and in good standing. Any such pause or suspension does not relieve you of your obligation to pay amounts owed, and neither Defensive Health nor any Defensive Health Affiliate will be liable to you or any third party for any pause or suspension of the Service under this paragraph. Defensive Health may resume performance after the outstanding amounts are paid, subject to any deadlines that may have lapsed during the pause or suspension.

Refunds and Cancellations: Payments made by you hereunder are final and non-refundable unless otherwise determined by Defensive Health. You may cancel your subscription at any time through your account settings in the Service, or by emailing us at support@defensivehealth.com. If Defensive Health terminates your subscription for its convenience and not for your breach of these Terms of Service, Defensive Health will refund the pro-rata unused portion of any prepaid fees for the remainder of the then-current subscription period.

Open Matters at Cancellation: Cancellation of your subscription will take effect at the end of your then-current billing period, and you will continue to have access to the Service through the end of that period. If you cancel while one or more billing inquiries, disputes, or appeals remain open, you may elect either to (a) withdraw the open matter(s), which is the default if you do not elect otherwise, in which case Defensive Health will cease work on the open matter(s) at the end of your then-current billing period; or (b) keep your plan active with respect to the open matter(s), in which case your subscription will continue and your payment instrument will continue to be billed in accordance with the applicable payment plan until the open matter(s) close, after which your cancellation will take effect. You may make or change this election through your account settings in the Service or by contacting us at support@defensivehealth.com.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes. The Service is for your personal use.

Mobile Services and Software

Mobile Services: The Service includes certain services that are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the Site from a mobile device, and (c) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Telephonic Communications Services: By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Defensive Health or Defensive Health Affiliates or their service providers by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational, or another purpose, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Defensive Health or Defensive Health Affiliates or their service providers. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Defensive Health or Defensive Health Affiliates or their service providers for marketing or solicitation purposes to purchase Defensive Health’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Defensive Health or Defensive Health Affiliates or their service providers, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Defensive Health account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

By reply to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

Mobile App License: Subject to these Terms of Service, Defensive Health hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Defensive Health, Defensive Health Affiliates, and their licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Defensive Health.

Special Notice for International Use; Export Controls: Defensive Health is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the Laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export Laws. Downloading, accessing, or using the Software or Services is at your sole risk.

Third-Party Distribution Channels: Defensive Health offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Defensive Health and you acknowledge that these Terms of Service are concluded between Defensive Health and you only, and not with Apple Inc. (“Apple”), and that as between Defensive Health and Apple, Defensive Health, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Defensive Health’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

Defensive Health and you acknowledge that Defensive Health, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Defensive Health and Apple, Defensive Health, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Defensive Health as follows:

support@defensivehealth.com

(628) 230-5727

2261 Market Street STE 90295, San Francisco, CA 94114.

You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

Defensive Health and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Defensive Health only, and not with Google LLC (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Defensive Health, and not Google, is solely responsible for Defensive Health’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Defensive Health’s Google-Sourced Software.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and Laws. Except as expressly authorized by Defensive Health, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Defensive Health name and logos are trademarks and service marks of Defensive Health (collectively the “Defensive Health Trademarks”). Other Defensive Health, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Defensive Health. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Defensive Health Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of Defensive Health Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Defensive Health or any Defensive Health Affiliate be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Defensive Health does not pre-screen content, but that Defensive Health and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Defensive Health and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Defensive Health, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title, and interest in and to your User Content, including all copyrights and rights of publicity contained therein. You hereby grant Defensive Health and Defensive Health Affiliates, a non-exclusive, worldwide, royalty-free, fully paid-up license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content, in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service; (b) to provide, operate, and improve the Service; (c) to use your User Content in de-identified or aggregated form for the promotion, advertising or marketing of the Service, in each case as described in our Privacy Policy. You also agree that Defensive Health may remove metadata associated with your User Content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. You assume all risk associated with your User Content and the transmission of your User Content and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.

You hereby authorize Defensive Health and Defensive Health Affiliates and their third-party service providers to collect and analyze data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Defensive Health and Defensive Health Affiliates may use Usage Data for any purpose in accordance with applicable Law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Defensive Health or any Defensive Health Affiliate are non-confidential and Defensive Health and Defensive Health Affiliates will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Defensive Health may preserve User Content and may also disclose User Content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Law, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Defensive Health, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Indemnification

To the extent permitted under applicable Law, you agree to defend, indemnify, and hold harmless Defensive Health and Defensive Health Affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Defensive Health Parties”), from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your misuse of the Service, any User Content or other information you provide to us, your violation or breach of these Terms of Service or applicable Law, your violation of any third-party rights, or your negligence or willful misconduct. Defensive Health will provide notice to you of any such claim, suit, or proceeding. Defensive Health reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Defensive Health’s defense of such matter. You may not settle or compromise any claim against the Defensive Health Parties without Defensive Health’s written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE DEFENSIVE HEALTH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE DEFENSIVE HEALTH PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

THE SERVICE, AND ALL CONTENT, ANALYSES, ERROR ASSESSMENTS, SUMMARIES, DISPUTE LETTERS, COMMUNICATIONS, AND OTHER OUTPUTS MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED FOR GENERAL INFORMATIONAL AND ADMINISTRATIVE PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL, LEGAL, INSURANCE, TAX, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. DEFENSIVE HEALTH IS NOT A HEALTHCARE PROVIDER, INSURER, LAW FIRM, DEBT COLLECTOR, OR CREDIT REPAIR ORGANIZATION, AND YOUR USE OF THE SERVICE DOES NOT CREATE ANY PROVIDER-PATIENT OR ATTORNEY-CLIENT RELATIONSHIP. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR LEGAL ADVICE, AND YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROVIDER OR LICENSED ATTORNEY, AS APPLICABLE, REGARDING YOUR SPECIFIC CIRCUMSTANCES.

CERTAIN OUTPUTS MADE AVAILABLE THROUGH THE SERVICE ARE GENERATED, IN WHOLE OR IN PART, USING ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES. SUCH OUTPUTS MAY BE INCOMPLETE, INACCURATE, OR OUT OF DATE, MAY NOT REFLECT THE MOST CURRENT LAW OR YOUR SPECIFIC CIRCUMSTANCES, AND MAY CONTAIN ERRORS OR OMISSIONS. THE DEFENSIVE HEALTH PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY OUTPUTS, AND YOU ARE RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THE INFORMATION YOU PROVIDE TO US.

THE DEFENSIVE HEALTH PARTIES DO NOT GUARANTEE ANY PARTICULAR RESULT OR OUTCOME FROM YOUR USE OF THE SERVICE, INCLUDING THAT ANY MEDICAL BILL WILL BE REDUCED OR CORRECTED, THAT ANY BILLING ERROR WILL BE IDENTIFIED, THAT ANY DISPUTE OR APPEAL WILL BE SUCCESSFUL, OR THAT YOU WILL RECEIVE ANY REFUND, CREDIT, OR SAVINGS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DEFENSIVE HEALTH PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DEFENSIVE HEALTH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE DEFENSIVE HEALTH PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DEFENSIVE HEALTH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION,” “DISCLAIMER OF WARRANTIES,” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Defensive Health, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Defensive Health are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND DEFENSIVE HEALTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DEFENSIVE HEALTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

Defensive Health is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@defensivehealth.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Defensive Health should be sent to Defensive Health, Inc., 2261 Market Street STE 90295, San Francisco, CA 94114 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Defensive Health and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Defensive Health may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Defensive Health or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Defensive Health is entitled.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Defensive Health and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Defensive Health agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Defensive Health or you under the AAA Rules, Defensive Health and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Defensive Health will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Defensive Health will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Defensive Health agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Defensive Health written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Batch Arbitration; Mass Filings

To increase the efficiency of administration and resolution of Disputes, if 25 or more similar demands for arbitration (each, a “Demand”) are asserted against Defensive Health or the Defensive Health Parties by or with the assistance or coordination of the same law firm or organization, or whose Demands otherwise raise substantially common questions of law or fact (collectively, “Mass Filings”), the parties agree that the following procedures will apply, notwithstanding any AAA Rules to the contrary: (i) the Mass Filings will be administered in sequential batches of no more than 100 Demands each (or, if fewer than 100 Demands remain, a final batch consisting of the remaining Demands); (ii) the AAA will treat each batch as a single consolidated arbitration proceeding with one arbitrator, one set of filing and administrative fees determined in accordance with the AAA's fee schedules for such proceedings, and one hearing (if any) in a location the arbitrator determines; (iii) no filing or arbitration fees will be incurred by, or assessed against, you or Defensive Health with respect to a Demand until that Demand is included in a batch that has been selected to proceed; and (iv) the parties will use good-faith efforts to resolve the Demands in each batch before the next batch proceeds. If the parties agree, or the arbitrator determines that it would promote the efficient resolution of the Mass Filings, a representative subset of Demands within a batch may proceed first as bellwether arbitrations, and the outcomes of those bellwether arbitrations may be used to facilitate the resolution of the remaining Demands, including through a global mediation. A court of competent jurisdiction will have the authority to enforce this subsection, including the authority to enjoin the filing, prosecution, or administration of, or the assessment or collection of any arbitration fees in connection with, any Mass Filings that are not conducted in accordance with this subsection. If this subsection is found to be unenforceable in a given case, then the parties will arbitrate the applicable Demands under the AAA's then-current mass arbitration or multiple case filing procedures, and the remainder of this Arbitration Agreement will continue to apply.

Termination

You agree that Defensive Health, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Defensive Health believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Defensive Health may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Defensive Health may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Defensive Health and Defensive Health Affiliates will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Defensive Health and Defensive Health Affiliates will have no liability or responsibility with respect thereto. Defensive Health reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Defensive Health governing your access and use of the Service, and supersede any prior agreements between you and Defensive Health with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Defensive Health submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of Defensive Health to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Defensive Health, but Defensive Health may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Defensive Health will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Defensive Health’s reasonable control.

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