END USER LICENSING AGREEMENT AND TERMS OF USE

‍Effective Date: November 18, 2025

Name of the Application: Fountain Life

Name of Company: Fountain Life, LLC

BEFORE USING OR ACCESSING THE FOUNTAIN LIFE MOBILE APPLICATION PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) AND TERMS OF USE (“TERMS OF USE”) CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. YOU ARE ENTERING INTO A LEGAL CONTRACT WITH FOUNTAIN LIFE REGARDING YOUR USE OF THE FOUNTAIN LIFE MOBILE APPLICATION AND YOU AGREE TO BE BOUND BY THE EULA AND BY THE TERMS OF USE AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THE EULA OR THE TERMS OF USE, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE FOUNTAIN LIFE MOBILE APPLICATION.

This End User License Agreement (“EULA”), Terms of Use (“Terms of Use”), Fountain Life’s Privacy Policy, and any documents they expressly incorporate by reference (collectively, the “Master Agreement”), is a binding agreement between (i) you (“Member” or “you”) and (ii) Fountain Life, LLC and Fountain Digital, LLC (collectively, “Fountain Life”, “we”, or “us”). The Master Agreement governs (i) your use and the licensing of the Application (as defined below) and (ii) your access to and use of the Online Platforms (as defined below), including the Application, and the Mobile Services (as defined below). By installing or using the Online Platforms, including the Application, and the Mobile Services, you agree to be bound by the Master Agreement.

I. ONLINE PLATFORMS, MOBILE SERVICES, FOUNTAIN LIFE MEMBERSHIPS

A. Online Platforms and Mobile Services

The Fountain Life mobile application (including all related documentation, the “Application”) may provide you with access to Fountain Life’s website(s) located at www.fountainlife.com and www.lifeomic.com, and any and all subdomains thereof (together, the “Sites”), including any content, functionality, products, and services accessible thereon, and certain features, functionality, and content accessible on or through the Application offered on or through the Sites (collectively, "Website Content and Services"; and together with the Application and the Sites, the “Online Platforms”), whether as a guest or a registered user.

Your access to and use of such Website Content and Services are governed by the Site's Terms of Use and Privacy Policy located at www.fountainlife.com/terms and www.fountainlife.com/privacy-policy, which are incorporated herein by this reference. Your access to and use of such Website Content and Services may require you to acknowledge your acceptance of such Site’s Terms of Use and Privacy Policy and/or to register with the Sites, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of Site’s Terms of Use will also be deemed a violation of the Master Agreement.

The Sites are intended to facilitate the provision of products and services via the Application to registered users. These "Mobile Services" may include, but are not limited to, (i) providing individuals with information on healthcare and wellness, including educational materials ("Content"); (ii) providing individuals with access to pharmacy services; (iii) providing individuals with access to technology-oriented tools for smoking cessation; (iv) providing individuals with diet and exercise information and services; (v) development and gathering of healthcare and wellness records and healthcare and wellness information with retention of the same for use in healthcare provider appointments, communications, and pharmacy services; (vi) administrative support in connection with scheduling; (vii) reviewing diagnostic testing results; and (viii) telecommunications support for using the Mobile Services as a means of direct access to healthcare and wellness providers employed or contracted by Fountain Life.

B. Fountain Life Membership Programs and Other Terms and Conditions

Fountain Life offers various membership programs for sale, including the APEX Membership, CORE Membership, and SNAP Membership.  All purchases through our Sites, by telephone call, or other transactions for the sale of goods, or services, or information formed through the Online Platforms, or resulting from visits made by you, are governed by their respective membership services agreement, which are hereby incorporated into the Master Agreement.

Fountain Life charges an annual membership fee pursuant to a membership services agreement for access to certain features of the Online Platforms, including for the use of the Application as well as the Mobile Services. Additional terms and conditions may also apply to specific portions, services, or features of the Online Platforms or Mobile Services. All such additional terms and conditions are hereby incorporated by this reference into the Master Agreement.

II. END USER LICENSE AGREEMENT

This EULA governs your use and the licensing of the Application that was created by Fountain Life. The Application is licensed, not sold, to you. By installing or using the Application, you agree to be bound by the Master Agreement.

A. License Grant

Fountain Life grants you a revocable, non-exclusive, non-transferable, limited license to (a) download, install and use the Application solely for your personal, non-commercial purposes on a mobile device (“Mobile Device”) strictly in accordance with the terms of this EULA; and (b) access, download, and use on such Mobile Device the Website Content and Services and the Mobile Services (including the Content, as defined in Section I) made available in or otherwise accessible through the Application, strictly in accordance with the terms of this EULA.

B. Restrictions

You agree not to, and you will not permit others to:

1. license, sublicense, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
2. copy or use the Application for any purpose other than as permitted under the above section ‘License Grant’.
3. modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application, or otherwise attempt to derive or gain access to the source code of the application or any part thereof.
4. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Fountain Life or its affiliates, partners, suppliers or the licensors of the Application.
5. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

C. Reservation of Rights

You acknowledge and agree that the Application is provided under license, and not sold to you. You do not acquire any ownership interest in the Application under this EULA, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. Fountain Life and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.

D. Updates to Application

Fountain Life may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Fountain Life has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

1. the Application will automatically download and install all available Updates; or  
2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this EULA.

E. Third-Party Materials and Third-Party Applications

The Online Platforms, including the Application, may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). In addition, the Online Platforms, including the Application, may include certain applications, features, programs and services provided by third parties (collectively, the “Third-Party Applications”).

We do not monitor Third-Party Materials or Third-Party Applications and do not make any representation, warranty, or guarantee as to the accuracy or completeness of such Third-Party Materials or Third-Party Applications. The content on any linked website, including any Third-Party Materials or Third-Party Applications, is not under our control and we are not responsible for the content therein.  You acknowledge and agree that Fountain Life is not responsible for Third-Party Materials and/or Third-Party Applications, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Fountain Life does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials or Third-Party Applications. Third-Party Materials and/or Third-Party Applications and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. If a third party links or refers to the Application, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with Fountain Life. In most cases, we are not even aware that a third party has linked or refers to the Application.

III. TERMS OF USE

Last Modified: October 16, 2024.

A. Acceptance of the Terms of Use

The following Terms of Use govern your access to and use of the Online Platforms, including the Application, and the Mobile Services. By installing or using the Online Platforms, including the Application, and Mobile Services, you agree to be bound by the Master Agreement.

Please read the Terms of Use carefully before you start to use the Online Platforms. By using the Online Platforms or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.fountainlife.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Online Platforms.

B. Changes to the Terms of Use

The Online Platforms and Mobile Services are continually under development.  As a result, we may revise and update these Terms of Use from time to time in our sole discretion without prior notice to you. All changes are effective immediately when we post them and apply to all access to and use of the Online Platforms and Mobile Services thereafter. Your continued use of the Online Platforms and Mobile Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you disagree with the revised Terms of Use, your sole and exclusive remedy is to discontinue your use of the Online Platforms and Mobile Services.

C. Geographic Restrictions

The Online Platforms and Mobile Services are based in the State of Florida in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Online Platforms and Mobile Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you live outside the United States, you may see Website Content and Services on the Application about products, services, and/or therapies that are not available or authorized in your country.  If you access the Online Platforms or the Mobile Services from outside the United States, you are responsible for compliance with local laws.

D. Using the Online Platforms and Mobile Services from Outside the United States

Fountain Life is located in the United States. The Online Platforms, including the Application, and Mobile Services are directed only at individuals in the United States. If you are using the Online Platforms, including the Application, and Mobile Services, or any part thereof, from outside of the United States, please be aware that your information may be transferred to, stored, or processed in the United States and maintained on computers or servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. By providing us with your information you acknowledge that your information will be transferred to the United States and processed and stored on servers in the United States. Your personal information may also be processed by employees or by other third parties who work for us, or by the representatives and employees or workers of Fountain Life located outside your home country.

E. Consent to Personal Data Transfer

Fountain Life is based in the United States. We may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own. By submitting your personal data or engaging with our Online Platforms, including the Application, and the Mobile Services, you consent to this transfer, storing, and/or processing. We use Amazon Web Services, Inc. (“AWS”) as our primary cloud hosting and infrastructure provider. By using the Online Platforms, including the Application and Mobile Services, you expressly consent to the transfer, storage, and processing of your personal and health information through AWS. AWS provides secure, HIPAA-compliant cloud infrastructure used by Fountain Life to host, process, and store your data. We maintain a Business Associate Agreement with AWS, and your information remains subject to all applicable federal and state privacy and security laws. Additionally, by using any portion of our Online Platforms and/or Mobile Services, you understand and consent to the transfer of your information to the United States and those third parties with whom we share it as described in our Privacy Policy located at www.fountainlife.com/privacy-policy.

F. Eligibility

The Online Platforms and the Mobile Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Online Platforms and Mobile Services, you represent and warrant that you are of legal age to form a binding contract with Fountain Life and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Online Platforms or Mobile Services.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Mobile Services through or from Fountain Life. Fountain Life and its affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

G. Requirements For Use

You agree to comply with all applicable terms, conditions and agreements between you and any third party that provides products or services that facilitate or enable your use of the Online Platforms and the Mobile Services, and you acknowledge and agree that your use of the Application may result in charges to you by those third parties in connection with the products and services they provide to you (such as data plan charges), and you will be solely responsible for any such charges.

H. Accessing the Online Platforms and Mobile Services and Account Security

We reserve the right to withdraw or amend the Online Platforms, including the Application, the Mobile Services, and/or any service or material we provide on the Online Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Online Platforms are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Online Platforms, or all of the Online Platforms, to users, including registered users.

You are responsible for both:

1. Making all arrangements necessary for you to have access to the Online Platforms.
2. Ensuring that all persons who access the Online Platforms through your internet connection are aware of these Terms of Use and comply with them.

To access the Online Platforms or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Online Platforms that all the information you provide on Online Platforms is correct, current, and complete. You agree that all information you provide to register with the Online Platforms or otherwise, including, but not limited to, through the use of any interactive features on the Online Platforms, including the Application, is governed by our Privacy Policy, found at www.fountainlife.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Online Platforms or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

I. Intellectual Property Rights

The Online Platforms, including the Application, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Fountain Life, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Fountain Life is the sole copyright owner or authorized licensee of, or are otherwise permitted to the use, all trademarks, service marks, and logos used and displayed on the Online Platforms. All trademarks and service marks of Fountain Life that may be referred to on the Online Platforms are the property of Fountain Life. Other parties’ trademarks and service marks that may be referred to on the Online Platforms are the property of their respective owners. Nothing on the Online Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Fountain Life’s trademarks, service marks, or copyrights without our prior written permission. We aggressively enforce our intellectual property rights. Neither the name of Fountain Life, nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Online Platforms or otherwise, without our prior, written permission, except that a third party website that desires to link to the Application may use the name “Fountain Life”, “Fountain Digital”, or the title of any Content in or as part of that link.

These Terms of Use permit you to use the Online Platforms, including the Application, for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Online Platforms, except as follows:

1. Your Mobile Device and/or computer may temporarily store copies of such materials in local storage or RAM incidental to your accessing and viewing of those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. With respect to the Application, and if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or Mobile Device solely for your own personal, non-commercial use, provided you agree to be bound by our End User License Agreement and/or other agreements for such applications.

You must not:

a. Modify copies of any materials from the Online Platforms.

b. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

c. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Online Platforms.

You must not access or use for any commercial purposes any part of the Online Platforms, Mobile Services, or Content available through the Sites.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Online Platforms in breach of the Terms of Use, your right to use the Online Platforms will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Online Platforms or any content on the Online Platforms is transferred to you, and all rights not expressly granted are reserved by Fountain Life. Any use of the Online Platforms not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

J. Trademarks

The Fountain Life name, the terms “Fountain Life”, “Fountain Digital”, and/or “Fountain Health”, the Fountain Life logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fountain Life or its affiliates or licensors. You must not use such marks without the prior written permission of Fountain Life. All other names, logos, product and service names, designs, and slogans on the Online Platforms are the trademarks of their respective owners.

K. Prohibited Uses

You may use the Online Platforms only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Online Platforms:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
4. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
5. To impersonate or attempt to impersonate Fountain Life, a Fountain Life employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Online Platforms, or which, as determined by us, may harm Fountain Life or users of the Online Platforms, or expose them to liability.

Additionally, you agree not to:

a. Use the Online Platforms in any manner that could disable, overburden, damage, or impair the Application or Sites or interfere with any other party's use of the Online Platforms, including their ability to engage in real time activities through the Application or Sites.

b. Use any robot, spider, or other automatic device, process, or means to access the Online Platforms for any purpose, including monitoring or copying any of the material on the Online Platforms.

c. Use any manual process to monitor or copy any of the material on the Application or Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

d. Use any device, software, or routine that interferes with the proper working of the Online Platforms.

e. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Online Platforms, the server on which the Online Platforms are stored, or any server, computer, or database connected to the Online Platforms.

g. Attack the Online Platforms via a denial-of-service attack or a distributed denial-of-service attack.

h. Otherwise attempt to interfere with the proper working of the Online Platforms.

L. User Contributions

The Online Platforms may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Online Platforms.  All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Online Platforms will be considered non-confidential and non-proprietary. By providing any User Contribution on the Online Platforms, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
2. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Fountain Life, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Online Platforms.

M. Monitoring and Enforcement; Termination

We have the right to:

1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Online Platforms or the public, or could create liability for Fountain Life.
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Online Platforms.
5. Terminate or suspend your access to all or part of the Online Solutions for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Platforms. YOU WAIVE AND HOLD HARMLESS FOUNTAIN LIFE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, do not undertake to review material before it is posted on the Online Platforms, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

N. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at www.fountainlife.com/privacy-policy.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

O. Copyright Infringement

If you believe in good faith that content or material on the Online Platforms (including on the Application or Sites) and/or User Contributions violate your copyright, you may send Fountain Life a notice of copyright infringement requesting that the material be removed or access to it blocked. It is the policy of Fountain Life to terminate the user accounts of repeat infringers.

The notice must comply with the Digital Millennium Copyright Act of 1998 (“DMCA”) and include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

Notices and counter-notices with respect to the Online Platforms should be sent to legal@fountainlife.com.  

P. Reliance on Information Posted

The information presented on or through the Online Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Online Platforms, or by anyone who may be informed of any of its contents.

This Online Platforms may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fountain Life, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fountain Life. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Q. Medical Disclaimer

The Online Platforms, including the Application, provide health-related information, are for informational purposes only, and do not constitute medical advice. The Online Platforms do not provide medical advice and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Please contact your Fountain Life provider or other qualified healthcare provider with any questions you may have regarding a medical condition, treatment, or medicine.  You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions, or any other matter related to your health or general well-being.

R. Changes to the Online Platforms

We may update the content on the Online Platforms from time to time, but its content is not necessarily complete or up to date. Any of the material on the Online Platforms may be out of date at any given time, and we are under no obligation to update such material.

S. Artificial Intelligence

Fountain Life has enabled generative artificial intelligence (“AI”) technology, “Zori AI,” on the Application. Zori AI is an AI system built with a large language model (“LLM”) that provides health-related information and personalized guidance with your health journey.  Zori AI cannot contact emergency services on your behalf.  If you are experiencing a medical emergency, please call 9-1-1 immediately for assistance.

1. Zori AI

Zori AI is an in-app AI that provides personalized support for your health journey. Zori AI has access to your medical records, including test results and medical diagnoses, and can answer basic questions and provide general information.  

Zori AI allows you to provide materials for processing, such as text, together with your medical records (“Prompts”) and will generate a response (“Outputs”) based on your Prompts, as well as any feedback you provide (“Feedback”).

Outputs generated by Zori AI are not subject to prior review by Fountain Life or by your healthcare provider. While Zori AI strives to deliver accurate and reliable information, Zori AI may not always get things right.  

Zori AI is part of the Online Platforms and Mobile Services and is intended to complement your health journey at Fountain Life but does not provide medical diagnoses or prescribe treatment. All Outputs generated are for informational purposes only, do not constitute medical advice, and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please contact your Fountain Life provider or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment.

Zori AI uses the pre-trained Claude Sonnet 3.5 model from Anthropic (subject to change in Fountain Life’s sole discretion), which is trained on vast amounts of information, including medical information, and has access to information across the Internet to provide helpful and relevant information. Zori AI has access to your medical records, including test results, clinician notes and medical diagnoses, provided as Context (as defined below) to generate responses and help you better understand your health data. Depending on your question and/or Prompts, Zori AI can provide useful interpretations about your test results as well as provide relevant insights about your health.  

In AI, "Training" refers to the process of teaching an AI model by exposing it to large datasets. During Training, the model learns patterns, relationships, and features within the data, allowing it to make predictions or generate responses. The quality and diversity of the Training data significantly influence the model's performance and understanding.

"Context" refers to the surrounding information or circumstances that help clarify the meaning of data or inputs. For instance, in natural language processing, context can include previous sentences, the topic of conversation, or even cultural background that shapes interpretation.

As noted, Zori AI has access to your medical records, including test results and medical diagnoses. However, Zori AI only processes your personal information, including any medical records, test results, and medical diagnoses, within Fountain Life’s secure HIPAA-compliant AWS-platform, and your information is never saved or used by a third-party. Additionally, Zori AI will only process your information if you choose to interact with Zori AI via the chat feature by asking questions or entering Prompts.

Fountain Life does not and will not use your personal information or medical information to train Zori AI. The LLM powering Zori AI does not retain any of your information and this security mechanism prevents any of your information from “leaking” to other members. Your personal information and medical information, as well as conversation history, are only used as Context to generate the next response, and do not (and cannot) be used to generate responses for anyone else. Your personal data and medical information never leave Fountain Life’s secure, HIPAA-compliant platform. Your information is never transferred to a third party and is encrypted at rest and in transmission.  Metadata about chat conversations and anonymized transcripts may be reviewed by Fountain Life employees for evaluation purposes. These metadata and masked chat transcripts are contained to our internal HIPAA-compliant platform and never shared publicly or with a third party.

To use Zori AI, open the Application, then click on the Zori AI icon located at the bottom right of the Application menu bar, next to the settings tab. Then, you may type and send a message to begin using Zori AI.

You may not access, use, or allow others to access or use Zori AI in any matter that would:

a. Violate any applicable law (including but not limited to any manner that promotes, contributes to, or encourages illegal or unlawful activity), including conduct that describes, encourages, supports, or distributes in any form abusive materials.

b. Generate, promote, disseminate, or otherwise use or facilitate content that may harm other individuals, including to encourage self-harm, discrimination, bullying, humiliation, and/or other emotional harms. This also includes causing harm by using Zori AI to: (i) deploy subliminal, manipulative, or deceptive techniques to distort behavior by impairing decision making; or (ii) exploit people due to their age, disability, or a specific social or economic situation to distort their behavior.

c. Present a risk of death or bodily harm to individuals (including in relation to illegal drugs, weapons, or self-harm).

d. Generate, promote, disseminate, or otherwise use or facilitate adult content, such as erotic chat, pornography, and content meant to arouse sexual excitement.

e. Deceive or mislead others, including but not limited to activity related to plagiarism, scams, phishing or malware, and furtherance of misinformation or disinformation.

f. Generate, promote, disseminate, or otherwise use or facilitate content that may violate or infringe upon the rights of others (including but not limited to intellectual property rights and privacy rights).

g. Solicit professional advice (including but not limited to medical, financial, or legal advice) or content to be used for the purpose of engaging in other regulated activities (including but not limited to political campaigning or lobbying).

h. Override safety or privacy filters, controls, or mechanisms.

Fountain Life’s Privacy Policy located at www.fountainlife.com/privacy-policy governs our processing of personal information collected through the Zori AI and explains how we collect, use, and share personal information - including personal information you submit as Prompts, Feedback, or other content, your activity across the Online Platforms and Mobile Services, and personal information we collect from and about your Mobile Device. We may process personal information, including any sensitive information, as described in our Privacy Policy, to improve Zori AI and related technology. When information is shared with Zori AI, Zori AI may use that information as Context to provide more personalized Outputs. Fountain Life, including its providers, may review your interactions with Zori AI, including the content of your conversations with or messages to Zori AI, to evaluate responses and obtain insights into topics in which you are interested in learning, and this review may be automated or manual (human).

2. Ownership of Zori AI Information

Fountain Life retains all ownership in and to all system performance data, machine learning algorithms within the Zori AI, as well as the aggregated results of such machine learning through the Zori AI based on your information, in compliance with our Privacy Policy.

Fountain Life may use Prompts, Outputs, Feedback, and any related information as described in Fountain Life’s Privacy Policy located at www.fountainlife.com/privacy-policy, and may do so through automated or manual (i.e. human) review and through third-party vendors in some instances, including:

a. To provide, maintain, and improve Zori AI.

b. To conduct and support research.

c. To monitor your use of Zori AI for compliance with the Terms of Use and applicable laws.

3. Accuracy

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNTAIN LIFE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY CONTENT, INCLUDING OUTPUTS, OR ANY OUTPUTS THAT ARE DISTURBING OR UPSETTING. YOU SHOULD NOT USE OUTPUTS TO INFORM PROFESSIONAL ADVICE OR DECISIONS RELATED TO MEDICINE OR PHARMACEUTICALS. IF YOU PLAN TO USE OUTPUTS FOR ANY REASON, IT IS YOUR SOLE RESPONSIBILITY TO VERIFY OUTPUTS. Zori AI AND ITS OUTPUTS MAY NOT REFLECT ACCURATE, COMPLETE, OR CURRENT INFORMATION.

4. Content Warning

Zori AI will generate Outputs based on Prompts that you provide, and can access your medical records, including test results and medical diagnoses, to answer basic questions and provide general information. The specific Outputs that Zori AI will return based on your Prompts cannot be predicted in advance. Zori AI MAY GENERATE CONTENT THAT YOU CONSIDER OFFENSIVE OR OBJECTIONABLE AND/OR THAT DOES NOT REPRESENT FOUNTAIN LIFE’S VIEWS. BY AGREEING TO THESE TERMS OF USE AND BY USING Zori AI, YOU RECOGNIZE AND ASSUME THE RISK THAT THE PROMPTS YOU PROVIDE MIGHT RESULT IN GENERATION OF OUTPUTS THAT YOU CONSIDER OFFENSIVE OR OBJECTIONABLE. YOU ALSO RECOGNIZE AND AGREE THAT YOU ARE RESPONSIBLE FOR YOUR USE OF, AND/OR ANY ACTIONS YOU TAKE IN RELATION TO, OUTPUTS GENERATED BY Zori AI BASED ON YOUR PROMPTS.

5. Suspension and Termination

If we determine that you have breached these Terms of Use or other applicable terms and policies, we may suspend or permanently disable your access to Zori AI and/or the Online Platforms and the Mobile Services, and we may permanently disable or delete your account including where we are required to do so for legal reasons.

6. Disclaimer of Warranties for Zori AI

Zori AI and Outputs are provided on an “as is” and “as available” basis, and, to the maximum extent permitted by applicable law, we make no guarantees that they will be safe, secure, or error-free, or will function without disruptions, delays, or imperfections. To the maximum extent permitted by law, we are not responsible for Zori AI and/or any Outputs, and you are responsible for checking Outputs for accuracy and suitability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AVAILABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

7. Limitations on Liability for Zori AI

Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to the Terms of Use and/or Zori AI (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages.

The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set out above may not apply to you. Notwithstanding anything to the contrary in the Terms of Use, in such cases, Fountain Life’s liability will be limited to the fullest extent permitted by applicable law.

T. Information About You and Your Use of the Application and Visits to the Sites

All information we collect on the Sites and via the Application is subject to our Privacy Policy located at www.fountainlife.com/privacy-policy. By using the Online Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

U. Collection and Use of Your Information

You acknowledge that when you download, install, or use the Application, Fountain Life may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy located at www.fountainlife.com/privacy-policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Your data is securely processed and stored using Amazon Web Services (AWS), our HIPAA-compliant cloud infrastructure provider. We may use de-identified information that we have obtained from you through your use of the Online Platforms and Mobile Services for various purposes.  “De-identified” means that we have removed, or rendered unreadable through complex computational algorithms, your personally identifiable information, such as your name, address or birthdate. ​We encourage you to review Fountain Life’s Privacy Policy located at www.fountainlife.com/privacy-policy for more information on de-identified information.

V. Your Rights Regarding Your Personal Information

You can access and control your personal information via account settings and/or the tools we provide to you, regardless of where you live. By logging into your account, you can access much of your personal information. You can also request to download your personal information in a commonly used file format or request that your account be deleted. If you choose to delete your account, please note that while most of your information will be deleted within 14 days, it may take up to 90 days to delete all of your information. Your account settings also permit you to change and delete your personal information and/or account data. Note, the foregoing applies to the deletion of your personal information and account on the Online Platforms but does not apply to medical records. Fountain Life will continue to maintain a copy of your medical records for the duration required by state and federal law. If you have any questions or comments about your personal information or would like to comment on our privacy practices, please contact us at legal@fountainlife.com.

W. Electronic Communications

We know that privacy is very important to you, and it is very important to us as well. By using the Online Platforms, including the Application, and the Mobile Services you consent to receive electronic communications from us unless you follow applicable opt-out procedures. Specifically, you agree that Fountain Life may contact you via email, phone, text, or mail regarding your Fountain Life membership or about the Online Platforms and the Mobile Services. Additionally, we may communicate with you by email or by posting notices on the Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

X. Special Consent to Telehealth Services

Telehealth services or telemedicine involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who is not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up care and/or related patient education, and may also include, but is not limited to: electronic transmission of medical records, photo images, personal health information, or other data between a patient and healthcare provider; interactions between a patient and healthcare provider via audio, video, and/or data communications; and use of output data from medical devices, sound, and video files.

The electronic systems used in telemedicine will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

You hereby consent to receiving telehealth services and such consent is hereby incorporated into these Terms of Use by reference and constitutes a part of the Terms of Use.

IV. GENERAL PROVISIONS

A. Term and Termination

1. The term of the Master Agreement commences when you download/install the Application and/or commence the use of the Online Platforms and will continue in effect until terminated by you or by Fountain Life as set forth in this Section.
2. You may terminate the Master Agreement by deleting the Application and all copies thereof from your Mobile Device.
3. Fountain Life may terminate the Master Agreement at any time without notice, with or without cause, including if it ceases to support the Application, which Fountain Life may do in its sole discretion. In addition, the Master Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of the Master Agreement.
4. Upon any expiration or termination of the Master Agreement or the Online Platforms:

1. all rights granted to you under the Master Agreement, including all licenses, consents, and authorizations granted by Fountain Life hereunder will immediately terminate; and
2. you must cease all use of the Application and Online Platforms and delete all copies of the Application from your Mobile Device and account.

5. Termination will not limit any of Fountain Life's rights or remedies at law or in equity.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE MASTER AGREEMENT, FOUNTAIN LIFE MAY, IN ITS SOLE DISCRETION, DIRECTLY OR INDIRECTLY, IMMEDIATELY AND WITHOUT ADVANCE NOTICE SUSPEND, TERMINATE OR OTHERWISE DENY YOUR ACCESS TO OR USE OF ALL OR ANY PART OF THE ONLINE PLATFORMS, INCLUDING THE APPLICATION, AND FOUNTAIN LIFE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY SHOULD IT EXERCISE SUCH RIGHTS.

B. Disclaimer of Warranties

THE ONLINE PLATFORMS, INCLUDING THE APPLICATION, ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOUNTAIN LIFE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE ONLINE PLATFORMS AND THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, FOUNTAIN LIFE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE ONLINE PLATFORMS OR APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Online Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

C. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOUNTAIN LIFE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE ONLINE PLATFORMS, APPLICATION, AND/OR MOBILE SERVICES FOR:

1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR FOUNTAIN LIFE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

D. Indemnification

You agree to indemnify, defend, and hold harmless Fountain Life and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Online Platforms, including the Application, or your breach of the Master Agreement, including but not limited to the content you submit or make available through the Online Platforms, Application, or your use of any information obtained from the Online Platforms.

E. Export Regulation

The Application may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States.

F. Severability

If any provision of the Master Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of the Master Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of the Master Agreement, is invalid, illegal, or unenforceable, the remainder of the Master Agreement shall be unenforceable.

G. Governing Law

The Master Agreement is governed by and shall be construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. Any legal suit, action, or proceeding arising out of or related to the Master Agreement or the Application shall be instituted exclusively in the courts of the State of Florida, County of Collier, or the United States District Court for the Middle District of Florida, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

H. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE MASTER AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

I. Entire Agreement

The Master Agreement, consisting of the EULA, Terms of Use, Fountain Life’s Privacy Policy, and any documents they expressly incorporate by reference, constitutes the entire agreement between you and Fountain Life with respect to the Online Platforms, Application, and the Mobile Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Online Platforms, Application, and the Mobile Services.

J. Waiver

No failure to exercise, and no delay in exercising, on the part of either Party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between the Master Agreement and any applicable purchase or other terms, the terms of the Master Agreement shall govern.