Terms of Service and Use

Alnu Health Co. ("Alnu Health" "we," "our," or "us") makes its website (https://alnuhealth.com/) and related sub-domains (collectively, the "Website"), any Alnu Health software application for mobile devices (the "Application", and together with the Website, the "Platform"), and all related services, products, reports, and other materials (collectively, all of the foregoing, the "Offerings") available for your use subject to these Terms of Service and Use (this "Agreement").

Please read this Agreement carefully. By downloading, accessing, ordering or using any of our Offerings, clicking on the "I accept" button, completing the registration process, or manifesting your assent to this Agreement in any other manner you represent that you have read, understand, and agree to be bound by this Agreement. The term "you" refers to users who have ordered or used an Offering or registered an account with Alnu Health's Platform ("Registered Users"). If you do not agree to be bound by this Agreement, you may not access or use our Offerings.

Your use of, participation in, or ordering of certain Offerings may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use or order the supplemental Offering. If this Agreement is inconsistent with such Supplemental Terms, the Supplemental Terms shall control with respect to such supplemental Offering. This Agreement and any applicable Supplemental Terms are referred to herein as the "Terms."

IMPORTANT NOTICE: THE INFORMATION PROVIDED IN CONNECTION WITH THE OFFERINGS IS FOR PERSONAL, INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE MEDICAL OR OTHER PROFESSIONAL ADVICE AND MAY NOT BE ACCURATE OR SUITABLE FOR ALL INDIVIDUALS. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR OFFERINGS. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR OFFERINGS, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN 18. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD'S ACCESS TO AND USE OF OUR OFFERING, YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOURSELF AND YOUR MINOR CHILD.

Alnu Health Offerings.

Alnu Health Offerings may include: (a) online tracking of wellness-related information you disclose or make available through the Platform ("Wellness Information"); (b) reports, metrics, and suggestions based on the analysis of your Wellness Information ("Reports"); (c) personalized wellness, activity, and nutrition coaching services, including by dietitians and/or nutritionists ("Dietitian") or AI tools (see Section 11 (AI Offerings) below); (d) access to, and use of, our Platform; and (e) any other or related Content (defined below), products or services we make available on the Platform, subject to the other provisions of this Agreement.

While Alnu Health may provide certain Offerings free of charge, we reserve the right to: (1) impose fees or charges for any existing Offerings; and (2) make new Offerings available for a fee or charge. We may also modify the pricing of any such Offerings at any time. Any changes to fees or pricing will be communicated to you through the Offerings or other appropriate means.

We reserve the right to discontinue or modify any promotion at any time with respect to any Offering. All Offerings are subject to availability, and we reserve the right to impose quantity limits, reject orders, and discontinue Offerings without notice. Please note that some Offerings may be backordered or unavailable even if the Platform indicates that they are in-stock, and adding an item to your cart does not guarantee availability.

You agree to pay the fees, taxes, shipping and any handling charges shown on the Platform (or otherwise made known to you) when you order an applicable Offering from us. Any shipping or handling charges may or may not reflect actual costs. Any shipping, handling, processing, analysis or other time periods relating to any Offering are estimates only – actual dates may vary.

License to Platform and Content.

The Platform may contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and other information ("Content") that are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. Our Content does not include your Wellness Information. Our Platform and its Content (excluding your data) are copyrighted as a collective work under United States copyright laws, and are protected by other laws. Trademarks, logos, and service marks displayed on our Platform are registered and/or unregistered trademarks of Alnu Health, its licensors or content providers, or other third parties. You acknowledge that Alnu Health is the exclusive owner of the Platform. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law. On the condition that you comply with all your obligations under this Agreement, we hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use our Platform and any Content hereon for your personal, informational and non-commercial use. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Alnu Health or any third party, except as expressly provided in these Terms. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of Content (including Reports). All rights not otherwise expressly granted by these Terms are reserved by us. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.

Feedback.

You agree that submission of any ideas, suggestions, documents, and/or proposals to Alnu Health through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that Alnu Health has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Alnu Health a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of our Offerings.

Your Account and Data.

In order to access certain features related to the Offerings you may be required to complete the registration process to create an account with us ("Account") and provide us certain data.

Registration Data.

In registering for any Offering, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration and other applicable form(s) (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using our Offerings under the laws of the United States, your place of residence or any other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or Alnu Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Alnu Health has the right to suspend or terminate your Account and refuse any and all current or future use of the Offerings (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.

Activities Under your Account.

You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of our Platform or other Offerings by minors or otherwise. You agree that you shall not have more than one Account at any given time.

License to Your Data.

You hereby grant us and our Dietitians and other third-party service providers a non-exclusive, worldwide right and license to access, use, display, copy, and otherwise process your Registration Data, Wellness Information, and other information, and Content you provide us, whether on behalf of yourself or a third party (including any minor children), to provide the Offerings to you and to otherwise exercise our rights under this Agreement. We will use commercially reasonable efforts to comply with our privacy related obligations under this Agreement with respect to such data, information and content, and you represent and warrant that you have the right to make that data, information and content available to us.

Necessary Equipment, Software, and Connectivity.

You must provide all equipment and software necessary to connect to and receive our Offerings, including but not limited to, a mobile device that is suitable to connect with and use our Platform. We do not guarantee that our Platform will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer. You are solely responsible for any fees, including telecommunication, Internet connection or mobile fees, that you incur when accessing or using any of our Offerings. If your applicable mobile device does not have coverage, network capacity, and reception, or such connection is congested, jammed, or otherwise unavailable, our Application and/or Website may not work properly.

Prohibited Conducts.

You agree that you will not (and will not permit any third party to), under any circumstances (except to the extent expressly authorized by these Terms):

• modify, translate, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Offerings or make any unauthorized changes to the Offerings;
• circumvent, disable, or otherwise interfere with (i) security related features of the Offerings or (ii) features that prevent or restrict use or copying of any Content or enforce limitations on use of Content;
• attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Offerings or any of the Offerings' providers or any other third party (including another user) to protect the Offerings or Content;
• launch any automated system, including "robots," "spiders," "crawlers," and "offline readers," that accesses the Offerings in a manner that sends more request messages to the Offerings' servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
• modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Platform, including any Content included on our Platform;
• upload, post, email, or otherwise transmit any material that contains "Trojan horses," "worms," software viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• alter or modify the Offerings;
• use the Offerings to embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• publish, transmit, copy, reproduce, email, post, upload, distribute, or disseminate (or use the Offerings to do any of the foregoing with respect to) any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, defamatory, infringing, obscene, indecent, offensive, hateful, disparaging, abusive, unlawful, illegal, harmful of minors in any way, or objectionable topic, name, material, or information;
• use or display a username or screen name disparaging, in any manner, the Offerings;
• frame the Offerings, display the Offerings in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Offerings and any third party or potentially deprive the Offerings of revenue (including revenue from advertising, branding, or promotional activities);
• upload files that contain software or other material protected by intellectual property laws and regulations (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam or other unwanted electronic communications, unsolicited communications, or any advertising, promotional, or unauthorized communication;
• use the Offerings' communications systems for any commercial solicitation purpose;
• copy or store any Content for other than your own personal, non-commercial use;
• create any user account by automated means or under false or fraudulent pretenses;
• run Maillist, Listserv, any form of autoresponder on, or with respect to, the Offerings or any processes that run or are activated while you are not logged in;
• falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels (such as copyright, trademark, and other proprietary rights notices) contained in or on the Offerings;
• impersonate another person or entity or use any fake name or identity;
• allow any other person or entity to use your identification for posting or viewing Content;
• restrict, inhibit, or interfere any other user from using and enjoying the Offerings;
• violate any code of conduct or other guidelines that may be applicable to the Offerings;
• harvest or otherwise collect information about others, including usernames and user IDs, without each such user's prior express, and written consent;
• post or transmit, or cause to be posted or transmitted, any communication or solicitation in furtherance of identity theft or another unlawful purpose;
• post or transmit irrelevant content, repeatedly post the same or similar content, or otherwise impose any unreasonable or disproportionately large load on the Offerings' infrastructure;
• use any part of the Offerings to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
• use any part of the Offerings for academic or institutional research purposes;
• access or use the Offerings through an interface other than the Offerings' interface;
• create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
• seek to harm or exploit children by exposing children to inappropriate content, asking for personally identifiable details, or otherwise; or
• violate any applicable laws or regulations or rights, including intellectual property, privacy, or publicity rights.

Investigations.

Although Alnu Health does not generally monitor user activity occurring in connection with our Offerings, if Alnu Health becomes aware of any possible violations by you of any provision of the Terms, Alnu Health reserves the right to investigate such violations, and Alnu Health may, at its sole discretion, immediately terminate your license to use our Platform, without prior notice to you or anyone else.

Third-Party Websites & Ads.

Our Offerings may contain links to third-party websites or applications ("Third-Party Websites") and advertisements for third parties (collectively, "Third-Party Websites & Ads"). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left our Platform and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Alnu Health. Alnu Health is not responsible for any Third-Party Websites & Ads. Alnu Health provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Platform, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

App Stores.

You acknowledge and agree that the availability of certain components of our Offerings are dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores ("App Store"). You acknowledge that these Terms are between you and Alnu Health and not with the App Store. Alnu Health, not the App Store, is solely responsible for the Platform, and the Content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Offerings. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Application and the Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.

Payment.

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. To purchase an applicable Offering, you must provide Alnu Health with valid credit card (Visa, MasterCard, or any other issuer accepted by us), PayPal account, or other acceptable third-party payment account (e.g., via the Apple Store) ("Payment Provider"). Your Payment Provider agreement governs your use of the designated credit card or account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing Alnu Health with your credit card number or Payment Provider account and associated payment information, you agree that Alnu Health is authorized to immediately invoice your Account for all fees and charges due and payable to Alnu Health hereunder and that no additional notice or consent is required. You agree to immediately notify Alnu Health of any change in your billing address or the credit card or Payment Provider account used for payment hereunder. Alnu Health reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Platform or by email delivery to you. Except as set forth in these Terms or required by applicable law, all fees are non-refundable.

Taxes.

Alnu Health's fees are net of any applicable Sales Tax. If any Services, or payments for any goods or services, under these Terms are subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify Alnu Health for any liability or expense Alnu Health may incur in connection with such Sales Taxes. For purposes of this Agreement, "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that Alnu Health is permitted to pass to you that is (a) the functional equivalent of a sales tax and (b) the applicable taxiing jurisdiction does not otherwise impose a sales or use tax. Alnu Health may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.

Billing Disputes.

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be identified via email to info@alnuhealth.com or by US postal mail to 1008 Massachusetts Avenue Cambridge, MA 02138.

Acknowledgement.

Our Offerings are solely for informational purposes and not a substitute for actual medical care. Our Offerings may help you improve your wellness, but are not guaranteed to do so.

Release.

To the extent permitted by applicable law, you hereby release Alnu Health and its parents, subsidiaries, affiliates, officers, employees, agents, partners, third-party service providers, Dietitians and licensors (collectively, the "Alnu Health Parties") from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use or reliance on our Offerings for any healthcare, medical, diagnostic, or other similar purposes, other than informational purposes pursuant to the disclaimers of these Terms. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another state with a similar law, you hereby make a similar waiver.

Indemnification.

You (and your estate and heirs) agree to indemnify and hold Alnu Health Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your use of, or inability to use our Offerings; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) any claims relating to the accuracy, inaccuracy, performance or non-performance of our Offerings, including any Report or AI Offering (as defined in Section 11 below); or (e) personal injury or death arising from your acts or omissions or reliance on an Offering, including any Report or AI Offering. Alnu Health reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Alnu Health in asserting any available defenses. You agree that the provisions in this Section will survive any termination of these Terms.

General.

To the maximum extent permitted by law, our Offerings are provided "AS IS" and "AS AVAILABLE", and at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement. Without limitation, we make no warranty that our Offerings will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that defects in the operation or functionality and any content or information found on our site will be accurate or reliable, that defects in the operation or functionality of our Offering will be corrected, virus-free, or that the quality of information, content, or other materials obtained through our Offerings will meet your expectations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Not for Medical Use or Diagnosis.

Our Offerings are not intended as a substitute for, nor do our Offerings replace, recommend, or endorse professional medical advice, diagnosis, or treatment. Nothing stated, posted, linked, or available through our Platform or any Offering, any Report, or AI Offering is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. YOUR USE OF THE OFFERINGS DOES NOT CREATE A RELATIONSHIP WITH ANY LICENSED PROFESSIONALS BETWEEN YOU AND ANY OF THE ALNU HEALTH PARTIES (INCLUDING, WITHOUT LIMITATION, ALNU HEALTH'S SUPPLIERS AND DIETITIANS). You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any plans or programs that may be referenced, discussed or offered in connection with any Offerings. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician before using or relying on our Offerings. You represent to us (which representation shall be deemed to be made each time you use our Offerings), that you are not using our Offerings or participating in any of the activities offered by our Offerings for purpose of seeking medical attention. You further agree that, before using our Offerings, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using our Offerings is inconsistent with the medical advice from your physician, you should follow the advice of your physician.

System Unavailability & Errors.

There may be times when our Platform is unavailable due to technical errors or network outages or for maintenance and support activities. The Platform may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in our Offerings or any information supplied to you via the Platform, or that files available through the Platform are free of viruses, worms, trojan horses, or other code that include or manifest contaminating or destructive characteristics.

DISCLAIMER OF CERTAIN DAMAGES.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ALNU HEALTH PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR OFFERINGS OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ALNU HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY OFFERINGS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR OFFERINGS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (3) ANY OTHER MATTER RELATED TO OUR OFFERINGS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

CAP ON LIABILITY.

UNDER NO CIRCUMSTANCES WILL THE ALNU HEALTH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR MORE THAN THE AMOUNT RECEIVED BY ALNU HEALTH AS A RESULT OF YOUR USE OF OUR OFFERINGS. IF YOU HAVE NOT PAID ALNU HEALTH ANY AMOUNTS, ALNU HEALTH'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED FIFTY DOLLARS ($50 USD).

EXCEPTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ALNU HEALTH'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Term.

These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use our Offerings, unless terminated earlier in accordance with these Terms.

Prior Use.

Notwithstanding the foregoing, if you used our Offerings prior to the date you accepted these Terms, you hereby acknowledge and agree that these Terms commenced on the date you first used the Offerings and will remain in full force and effect while you use our Offerings, unless earlier terminated in accordance with these terms.

Termination by Alnu Health.

If timely payment cannot be charged to your Payment Provider for any reason, if you have breached any provision of this Agreement, or if Alnu Health is required to do so by law (e.g., where the provision of the Offerings is, or becomes, unlawful), Alnu Health has the right to suspend or terminate any Offering or order for any Offering. You agree that all terminations for cause shall be made in Alnu Health's sole discretion and that Alnu Health shall not be liable to you or any third party for any termination.

Termination by You.

If you want to terminate, you may do so by notifying Alnu Health at any time and closing your Account through the Platform. However, you will remain liable for any Offering you previously ordered or used, unless prohibited by applicable law. Your notice should be sent, in writing, to Alnu Health's address set forth in these Terms or on the Platform.

Effect of Termination.

Upon termination of any Offerings, your right to use such Offerings will automatically terminate immediately. You understand that any termination of Offerings may involve deletion of information and data provided by you associated therewith from our live databases. Alnu Health will not have any liability whatsoever to you for any suspension or termination, including for deletion of data provided by you. All provisions of these Terms which by their nature should survive termination of our Offerings, including without limitation, intellectual property provisions, warranty disclaimers, and limitations of liability, shall survive any termination of these Terms.

Please review our Privacy Notice to understand how we may collect, use, disclose, and otherwise process information that uniquely identifies, relates to, describes, or is reasonably capable of being associated with or linked to you ("Personal Information"). Note that under some laws, your Wellness Information or other Personal Information may include Consumer Health Data as that term defined in our Consumer Health Data Privacy Notice, which you may review to further understand how we collect, use, disclose, and otherwise process Consumer Health Data.

The Offerings may include technologies, developed by us and/or our third-party service provider(s), that communicate with you or make suggestions based on large language models, machine learning models, or other technologies that may be considered "artificial intelligence," "AI," or "automated decision making" under applicable law ("AI Offerings"). By agreeing to the Terms, you understand and agree that we may, subject to applicable law, use your Wellness Information, Registration Data, Personal Information, Consumer Health Data, Feedback, and any other information processed in the Platform to provide the AI Offerings and to train, develop, maintain, improve, enhance, or otherwise operate the AI Offerings. Where required by applicable law, we will give you additional notice when you are using an AI Offering and whether you have the right to opt out of the use of certain information in connection with the AI Offerings.

PLEASE NOTE THAT these Terms are subject to change by Alnu Health in its sole discretion at any time. When changes are made, Alnu Health will make a new copy of this Agreement available on our Platform and any new Supplemental Terms will be made available from within, or through, the affected Offerings. We will also update the "Last Updated" date at the top of this Agreement. If we make any material changes, and you have registered to use our Offerings, we will also send an email to you at the last email address you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new users and will be effective thirty (30) days after posting of notice of such changes for existing users, provided that any material changes shall be effective for Registered Users upon the earlier of thirty (30) days after posting of notice of such changes or thirty (30) days after dispatch of an email notice of such changes to Registered Users. Alnu Health may require you to provide consent to the updated Terms in a specified manner before further use of our Offerings are permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using our Offerings. Otherwise, your continued use of the Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THIS PAGE TO VIEW THE THEN-CURRENT TERMS.

You understand that our Offerings are evolving. As a result, Alnu Health may require you to accept updates. You acknowledge and agree that Alnu Health may update the Platform with or without notifying you. You may need to update third-party software from time to time in order to use and receive our Offerings.

Electronic Communications.

The communications between you and Alnu Health use electronic means, whether you visit our Platform or send Alnu Health emails, or whether Alnu Health posts notices on the Platform or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Alnu Health in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Alnu Health provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Assignment.

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Alnu Health's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Force Majeure.

Alnu Health shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.

Disputes; Venue; Choice of Law.

Any dispute, claim or controversy arising out of or relating to your use of or access to our Offerings, this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement (a "Dispute") will take place in Delaware, and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in Delaware. You irrevocably submit and consent to the personal jurisdiction of such courts. You and Alnu Health each waive any right to a jury trial in any Dispute.

Any Dispute between you and Alnu Health will be conducted only on an individual basis, and neither party may bring claims against the other as a plaintiff or class member in any purported class or representative action or proceeding, including any mass arbitration, private attorney general action, or consolidated proceeding. No proceeding may be combined, consolidated, or joined with another proceeding without the prior written consent of all parties to the proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law.

If any portion of this Section is found to be invalid or unenforceable by a tribunal of competent jurisdiction, that portion shall be severed, and the remaining provisions shall remain in full force and effect.

YOU MUST FILE A COMPLAINT WITH A PERMITTED COURT WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT OR FACTS.

This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the Delaware without reference to its conflicts or choice of law principles.

Notice.

Where Alnu Health requires that you provide an email address, you are responsible for providing Alnu Health with your most current email address. In the event that the last email address you provided to Alnu Health is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, Alnu Health's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Alnu Health at the following address: 1008 Massachusetts Avenue Cambridge, MA 02138. Such notice shall be deemed given when received by Alnu Health by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

No Waiver.

Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability.

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

International Users.

Our Platform can be accessed from countries around the world, but our Offerings are only intended for use in the United States. Our Offerings are controlled and provided by Alnu Health from its facilities in the United States of America. Alnu Health makes no representations that our Offerings are appropriate or available for use in other countries. Those who access or use our Offerings from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Export Control.

You may not use, export, import, or transfer our Offerings except as authorized by U.S. law, the laws of the jurisdiction in which you obtained our Offerings, and any other applicable laws.

Consumer Complaints.

In accordance with California Civil Code §1789.3 or similar state laws, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Entire Agreement.

These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Section Headings.

The section headings appearing in these Terms have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.

Survival of Certain Provisions.

Those provisions outlined here that normally would survive after you cease using our Offerings and all provision indicating an ongoing obligation shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use our Offerings after the termination of these Terms.

Contacting Us.

If you believe that Alnu Health has not adhered to these Terms, please contact Alnu Health by emailing us at info@alnuhealth.com or mailing us at 1008 Massachusetts Avenue Cambridge, MA 02138. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.