END USER LICENSING AGREEMENT AND TERMS OF USE

END USER LICENSING AGREEMENT AND TERMS OF USE

END USER LICENSING AGREEMENT AND TERMS OF USE

Effective Date: February 1, 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. 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).

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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.
  1. 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.

Effective Date: February 1, 2025

Fountain Life, LLC and our subsidiaries and affiliates, including Fountain Digital, LLC, Fountain Life Management, LLC, Fountain Life New York LLC, Medical Physicians, Inc., Fountain Life Dallas, LLC, Medical Physicians Dallas PA, and Fountain Life Orlando LLC (collectively, "Company," "We," “Us,” and “Our”) respect your privacy and commit to protecting it through our compliance with the practices described in this privacy policy (“Privacy Policy”). This Privacy Policy is incorporated into our End User License Agreement and Terms of Use.  All capitalized terms used in this Privacy Policy but not otherwise defined herein shall have the meanings assigned to them in the End User License Agreement and/or Terms of Use.

This Privacy Policy describes our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you or that you may provide when you (i) visit our websites located at www.fountainlife.com, www.lifeomic.com, and any and all subdomains thereof, or other digital properties, communications, or forms that link or refer to this Privacy Policy (collectively, the "Website"), and/or (ii) purchase, download, install, register with, access, or use the Fountain Life mobile application (the “Application”, and together with the Website, the “Online Platform”). This Privacy Policy applies to the personal data collected through our Online Platform, regardless of the country where you are located.  

This Privacy Policy applies to information collected:

  • On the Online Platform.
  • In email, text, and other electronic messages between you and the Website.
  • Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website.
  • From the Application and in email, text, and other electronic communications sent through or in connection with the Application. 
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website or application operated by any third party, including websites you may access through Application. 
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Online Platform.

The Online Platform may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share, or otherwise use data about you. We do not control these third-party websites, and we encourage you to read the privacy notice of every website you visit.

Please read this Privacy Policy carefully to understand our policies and practices for handling your personal data. If you do not agree with our Privacy Policy, do not download, register with, or use the Online Platform. By downloading, registering with, using, or engaging with our Online Platform, you accept and consent to the practices described in this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy) due to changes in the laws, regulations and our business. Your continued engagement with our Online Platform after any such revisions indicates that you accept and consent to them, so please check the Privacy Policy periodically for updates.

A. Data We May Collect About You

We collect and use different types of data from and about users of our Online Platform directly from you when you provide it to us, automatically as you use the Online Platform, and/or from third parties, including:

  • Personal data that is linked to or reasonably linkable to you, or that we could reasonably use to directly or indirectly identify you, such as your name, date of birth, gender, transgender or non-binary status, age, postal address, email address, telephone number, username or other similar identifier, credit card numbers, sexual orientation, national origin, medical conditions, race, citizenship, information about any physical or mental disabilities you may have, information related to your sexual activities, internet or other electronic network activity information, including the Internet protocol (IP) address used to connect your device to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, or operating system and platform, or any other identifier we may use to contact you online or offline ("personal data" or “personal information”).
  • Sensitive personal data, including personal data or personal information that reveals your racial or ethnic origin, mental or physical health conditions or diagnosis, genetic or biometric information, sex life or sexual orientation, and precise geolocation data (“sensitive personal information”).
  • Non-personal data that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, statistics, or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific Online Platform feature.
  • Non-personal details about your Online Platform interactions, including the full Uniform Resource Locators (URLs), clickstream information to, through, and from our Online Platform (including date and time), products viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from the page.

B. How We Collect Data About You

Within the last twelve months, we have collected certain data from and about you, as set forth below. Please note, this list may not be directly applicable to you but the categories represent the types of personal data we have collected about users of our Online Platform during the ordinary course of business.

We use different methods to collect data from and about you including through:

  1. Direct Interactions and the Information You Provide to Us

The information we collect on or through our Online Platform may include:

  • Identifiers, such as your name, address, and email address, that you provide by filling in forms or by corresponding with us by phone, email or otherwise.
  • Information that you provide by filling in forms on the Online Platform. This includes information you provide when you create an account (and the administration thereof), subscribe to our service, search for a product, place an order, participate in discussion boards or other social media functions on our Online Platform, enter a competition, promotion or survey, call our customer service number, request customer support and technical assistance, including through online chat functions, and when you report a problem with our Online Platform.
  • Information that you provide as required to process your orders and requests for treatment, including health insurance information.
  • Health information, including information about your medical conditions, treatment options, physician referrals, prescriptions, lab results, or other related health information.
  • Biometric information, such as exercise data, genetics, behavioral characteristics, and sleep data.
  • Information regarding legally protected classifications (we only collect your gender) and physical characteristics or description.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • Employment applications you submit.
  • Your responses to surveys that you voluntarily agree to complete for our research purposes.
  • Commercial and financial information, including transaction and billing information such as shipping address, credit or debit card number, verification number, expiration date, and identity verification information (collected by our payment processors on our behalf).
  • Details of transactions you carry out through the Online Platform and in the fulfillment of your orders. You may be required to provide financial information before placing an order through the Online Platform.
  • Your search queries on the Online Platform.
  • Materials, information, and text (collectively, “Prompts”) that you provide for processing on the Application to Fountain Life’s generative artificial intelligence (“AI”) technology, “Member AI Chat,” in order to generate a response (“Outputs”) based on your Prompts, as well as any feedback you provide (“Feedback”).
  • Other information you choose to directly provide to us in connection with your use of the Online Platform.
  • User Contributions. You also may provide information for us to publish or display ("post") on public Online Platform areas or transmit to other Online Platform users or third parties (collectively, "User Contributions"). You submit User Contributions for posting and transmission to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of any Online Platform users with whom you choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.
  1. Automated Technologies or Interactions

When you download, access, use, and/or interact with our Online Platform, we may use technology to automatically collect certain information and technical data about your equipment, browsing actions, and patterns, including: 

  • Usage Details. When you access and use the Online Platform, we and our service providers (which are third party companies that work on our behalf) may automatically collect certain details of your access to and use of the Online Platform, including internet or other network or device activity such as browsing history, app usage, traffic data, number of clicks, time spent on particular pages, files downloaded, location data, logs, and other communication data and the resources that you access and use on or through the Online Platform.
  • Device Information. We may collect information about your computer, mobile device, and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
  • Stored Information and Files. The Online Platform also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
  • Location Information. The Online Platform may collect real-time information about the location of your device, including general and precise geolocation information. This information allows us to enable access to content that varies based your location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location). We will ask your permission before collecting your precise geolocation information. In such instances, we will use your precise geo-location information to provide customized services, content, promotional offers and other information that may be of interest to you. If you no longer wish for us and/or our service providers to collect and use  geolocation information, you may disable the location features on your device. Please see your device manufacturer settings. Note, however, that opting out of the Application’s collection of location information will disable its location-based features.

We collect this information by using cookies, server logs, and other similar technologies (see Cookies and Automatic Data Collection Technologies). If you do not want us to collect this information, do not download the Application, delete it from your device, if applicable, and/or do not otherwise use the Online Platform.

  1. Cookies and Automatic Data Collection Technologies

Our Online Platform uses various automatic data collection technologies to distinguish you from other Online Platform users. We also may use these technologies to collect information about your online activities over time and across third-party websites, applications, or other online services (behavioral tracking). This helps us deliver a better and more personalized service when you interact with our Online Platform. It also allows us to improve our Online Platform by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store your preferences so we may customize our Online Platform according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Online Platform.

The technologies we use for this automatic data collection may include:

  • Cookies (browser cookies or mobile cookies). A cookie is a small file placed on the hard drive of your computer or on your smart phone. You may refuse to accept browser cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting, certain parts of our Online Platform may become inaccessible and certain features may not work correctly. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our Online Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies and you must manage their settings separately.
  • Web Server Logs, Tags, SDKs, and Other Similar Tracking Technologies. We use these technologies to offer you a more tailored experience. As we adopt additional technologies, we may also gather information through other methods.some text
    • A web server log is a file where website activity is stored. 
    • An SDK is a set of tools and/or code that we embed in our Application and software to allow third parties to collect information about how users interact with the Online Platform. 

We may tie this information to personal information about you that we collect from other sources, or you provide to us.

  1. Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Online Platform are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Online Platform. They may associate the information collected with your personal data or they may collect information, including personal data, about your online activities over time and across different websites or other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

  1. Third Parties or Publicly Available Sources

We may receive information about you if you visit other websites employing our cookies or from third parties including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, data brokers, or aggregators, such as:

  • Information we collect from social media and other content platforms.  When you “like” or “follow” us on Facebook, Instagram, X, or other social media sites, we may collect some information from you including your name, email address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.
  • Information we receive from other sources. We work closely with third parties, including, for example, third party intermediaries, such as the physicians, medical professionals and pharmacies with whom we partner to provide you with services and their health care services, sub-contractors in technical, advertising networks, analytics providers, and search information providers. Such third parties will sometimes provide us with additional information about you.

C. How We Use Your Personal Data

We use your personal data to provide you with products, offer you services, communicate with you, deliver advertising and marketing, and/or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how we may use the personal data we collect include to:

  • Present our Online Platform and provide you with the information, products, services, and support that you request from us.
  • Provide you with the Application and its contents, and any other information, products, or services that you request from us.
  • Provide services, including carry out, improve, and manage the services and facilitate the provision of healthcare services to you by physicians or other health care providers.
  • Engage in research and analysis, including engaging in internal research to understand the effectiveness of our services, improve them, and better understand our user base.
  • Communicate with you about our services, your use of the services, or your inquiries related to the services, and send you communications on behalf of physicians or other healthcare providers utilizing the services.
  • Market, such as communicating with you by email, postal mail, or phone about surveys, promotions, special events, or our products and services and those of our affiliates and third-party partners.
  • Facilitate customer support, such as providing you with technical support and customer service.
  • Facilitate account administration, such as verifying your identity and administering your account, including processing payments and fulfilling orders.
  • Personalize content, such as ensuring that content from our services is presented in the most effective manner for you and your device.
  • Ensure security, including as part of our efforts to keep our services safe and secure.
  • Facilitate legal compliance, such as complying in good faith with any procedures, laws, and regulations that apply to us.
  • Meet our obligations and enforce our rights arising from any contracts with you, including for billing or collections, or comply with legal requirements.
  • Fulfill the purposes for which you provided the data or that were described when it was collected.
  • Notify you about changes to our Online Platform or any products or services we offer or provide through it.
  • Notify you when Application updates are available, and of changes to any products or services we offer or provide through it.
  • Provide you with notices about your account and/or subscription, including expiration and renewal notices.
  • Ensure that we present our Online Platform content in the most effective manner for you and for your computer. 
  • Administer our Online Platform and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical, and survey purposes.
  • Improve our Online Platform, products or services, marketing, or customer relationships and experiences. 
  • Enable your participation in our Online Platform's interactive, social media, or other similar features.
  • Protect our Online Platform, employees, or operations.
  • Measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
  • Make suggestions and recommendations to you and other users of our Online Platform about goods or services that may interest you or them.
  • Generate Outputs from Zori AI, including using your Prompts, medical records, such as your test results, clinician notes and medical diagnoses, as Context (as defined herein) to help answer basic questions, provide general and health-related information, and help you better understand your health data. “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.
  • Evaluate and improve Zori AI, including reviewing metadata about chat conversations and anonymized transcripts.
  • Evaluate responses and obtain insights into topics in which you are interested in learning, including by reviewing your interactions with Zori AI and the content of your conversations with or messages to Zori AI, and such review may be automated or manual (human) by Fountain Life, including its providers.
  • Provide, maintain, and improve Zori AI, to conduct and support research.
  • Improve Zori AI and any related technology and support research in areas like AI and machine learning.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Combined Information. We may combine the information that we collect through the Online Platform and/or services we provide with information that we receive from other sources, both online and offline, and may use and share such combined information in accordance with this Privacy Policy. If we combine or connect non-personal, demographic, or technical data with personal data so that it directly or indirectly identifies an individual, we treat the combined information as personal data.

Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Online Platform and/or services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research, scientific, medical, and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

We may also use personal data to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your data in this way, please adjust your user preferences in your account profile. 

We may use personal data to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. We may use non-personal data for any business purpose.

D. Disclosure of Your Personal Data

We have not sold or shared your personal data for targeted advertising within the last twelve months and we do not “sell” or “share” any personal data to third parties.

Within the last twelve months, we may have disclosed your personal data in the course of ordinary business with:

  • Any member of our corporate group, including our subsidiaries, our ultimate holding company and its subsidiaries, and our affiliates. We may share information we collect within any Company member or group (e.g., our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries) to deliver products and services to you, ensure a consistent level of service across our products and services, and enhance our products, services, and your customer experience.
  • Healthcare providers providing services. We share your information with healthcare providers: (i) to schedule and fulfill appointments and provide healthcare services as part of our services, and (ii) to whom you send messages through the Online Platform.
  • Healthcare Operations Providers providing services. We share your information with healthcare operations providers for treatment, payment or healthcare operations purposes, including pharmacy services, upon your request.
  • Service Providers. We provide access to or share your information with select third parties who use the information to perform services on our behalf. They provide a variety of services for us, including billing, sales, marketing, advertising, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services. These entities may also include health care organizations, pharmacies, and other third parties we use to support our business or in connection with the administration and support of the services we render or the Online Platform.
  • Business partners, suppliers, service providers, sub-contractors, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Online Platform improvement and optimization). We contractually require these third parties to keep that personal data confidential and use it only for the contracted purposes.
  • Third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep that personal data confidential and use it only for the contracted purposes.
  • Advertisers and advertising networks that require the data to select and serve relevant ads to you and others. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a specific location). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
  • Credit reference agencies when required to assess your credit score before entering into a contract with you.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Online Platform, we will transmit the contents of that email and your email address to the recipients.
  • For any other purposes that we disclose when you provide the data.
  • With your consent.  We may disclose your information in other ways as directed by you and/or with your consent.

If you opt-in and consent to receive SMS messages and authorize the Company to contact you by text message (including by an automatic telephone dialing system) at the mobile number provided by you or on your behalf in connection with your Company account or otherwise, then you shall only receive messages from or on behalf of the Company at the respective number you provide, and no mobile information will be shared by the Company with third parties for marketing or promotional purposes. The above disclosure categories do not include SMS messaging originator opt-in data and consent; this information will not be shared with any third parties. Notwithstanding the foregoing, if you expressly provide your mobile number to a third party via the Online Platform for the purpose of receiving marketing or promotional SMS messages from that third party, then you may receive SMS messages from that third party pursuant to the consent that you provided.

We may also disclose your personal data to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • To a buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, where one of the transferred assets is the personal data we hold.
  • To comply with any court order, law, or legal process, including responding to any government or regulatory request, including responding to claims that any content violates the rights of third parties. 
  • To enforce or apply our End User License Agreement, Terms of Use, this Privacy Policy, and/or terms and conditions of supply and other agreements.
  • To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction.
  • Public Forums. Certain features of the Online Platform may permit you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our sites, we may display your review (along with the name provided, if any) on other Company websites and on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
  • Aggregate/De-Identified Information: We reserve the right to create Aggregate/De-Identified Data from the information we collect through the Online Platform and when rendering services and our sharing of such Aggregate/De-Identified Data is in our discretion.

We may share non-personal data without restriction in accordance with applicable law.

E. Your Personal Data Use Choices

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information:

  • Promotional Offers from the Company. If you do not want us to use your contact information to promote our own products and services, or third parties' products or services, you can opt-out by sending us an email with your request to care@fountainlife.com. You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions. Please note that regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or in accordance with applicable law. For example, you may not opt-out of certain operational emails, such as those reflecting our relationship or transactions with you.
  • Third-Party Advertising. If you do not want us to share your personal data with unaffiliated or non-agent third parties for promotional purposes, you can always opt-out by logging into the Online Platform and checking or unchecking the relevant boxes to adjust your account profile's user preferences, or by sending us an email stating your request to care@fountainlife.com
  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Online Platform may become inaccessible or not function properly. For more information about tracking technologies, please see Cookies and Automatic Data Collection Technologies.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes, or by sending us an email stating your request to care@fountainlife.com
  • Location Information. You can choose whether or not to allow the Application to collect and use real-time information about your device's location through the device's privacy settings. If you block the collection or use of location information, some parts of the Application may become inaccessible or not function properly.

Our Online Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates, or include plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.

F. Consent to Personal Data Transfer

The Company is based in the State of Florida in the United States. If you are using the Online Platform, or any part thereof, from outside of the United States, please be aware that your information, including personal data, 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 and/or comprehensive as those in your jurisdiction. By providing us with your information you acknowledge that your information, including personal data, will be transferred to the United States and processed and stored on servers in the United States. Your information, including personal data, may also be processed by employees or by other third parties who work for us, or by the representatives and employees or workers of the Company located outside your home country. By submitting your information, including personal data, or engaging with our Online Platform, you consent to this transfer, storing, and/or processing of information, including personal data, to the United States and those third parties with whom we share it.

G. Your Personal Data Rights

You can access, review, and update your personal data by logging into the Online Platform and visiting your account profile page.

Certain jurisdictions provide their residents with specific rights regarding their “personal information” or “personal data” (as such terms are defined in the applicable laws). These rights may include:

  • Right to Know.  You have the right to know the categories of personal information we have collected about you, the categories of sources from which we have collected your personal information, the business or commercial purposes for which we have collected or shared your personal information, the categories of third parties to whom we disclose your personal information, and the specific pieces of personal information we collected about you, in each case, in the twelve months prior to your request. In addition, you have the right to know the specific pieces of personal information we have collected about you (also called a “data portability” request). We may be required by law to omit certain sensitive information when responding to a data portability request. If you request such sensitive information, we will inform you with sufficient particularity that we have collected the type of information. Please note that we are only required to respond, free of charge, to a limited number of requests per consumer each year.
  • Right to Delete.  You have the right to request that we delete certain information that we collected or maintain about you, subject to certain exceptions.
  • Right to Correct. You have the right to request that we correct inaccurate personal information we maintain about you, considering the nature of the personal information and the purposes of processing the personal information.
  • Right to Opt-out of the Sale or Sharing.  If a business sells or shares your personal information for targeted advertising, you have the right to opt-out of the sale or sharing of your personal information.  
  • Right to Limit Use of Sensitive Personal Information.  If a business uses or discloses sensitive personal information for reasons other than those permitted by law, you have the right to limit the use and disclosure of that information. We use and disclose sensitive personal information only as permitted by law.
  • Right Not to Receive Discriminatory or Retaliatory Treatment. You have the right not to be discriminated or retaliated against for exercising any of your privacy rights.

If you would like to exercise any of your data rights, you may send us an email at care@fountainlife.com or legal@fountainlife.com or call our toll-free number (917) 672-9073  Please include your full name, email address and residential address associated with your use of our Services, along with the rights you would like to exercise, so that we can process your request. If you would like to receive a copy of your medical record in connection with your request, please indicate that in your email message. By requesting your medical record in this way, you are agreeing to receive your medical record in an unencrypted email message.

You may also designate an authorized agent to submit a request on your behalf. To designate an authorized agent, please provide a power of attorney, or a written and executed document signed by both you and the agent authorizing them to act on your behalf.

We will take reasonable steps to verify your identity before responding to your request. We may not accommodate your request to correct or delete information in certain situations, such as if we believe that correction or deletion would violate any law, negatively impact the accuracy of the information, require disproportionate effort, or if we are unable to verify your identity. We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. We may also decline to honor your request where the personal data that we maintain is not subject to applicable access, correction, and/or deletion rights.

If you delete your User Contributions from the Online Platform, copies of your User Contributions may remain viewable in cached and archived pages or because other Online Platform users may have copied or stored them. Our Terms of Use govern proper access and use of information provided on the Online Platform, including User Contributions.

H. How We Process Opt-Out Preference Signals

An opt-out preference signal is a signal that is sent by a platform or browser that clearly communicates your choice to opt-out of the sale or sharing of personal information. We process opt-out preference signals in a frictionless manner. You can implement an opt-out preference signal through the privacy controls available on your web browser, or by downloading a browser extension that can be enabled to support your single opt-out preference signal. Your opt-out preference signal will apply to your device’s browser. To learn more about how to implement opt-out preference signals and global privacy controls, please consult your browser’s privacy settings or visit Global Privacy Control.

I. Data Retention

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws, including laws that apply to medical records.

J. Jurisdiction Specific Rights

  1. California Shine the Light Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to request information regarding the manner in which their personal information is shared with third parties for the third parties’ direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

  1. Privacy Information for Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at: care@fountainlife.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

K. Data Security

The security of your personal data is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. We store all personal data you provide to us behind firewalls on servers employing security protections. We encrypt any payment transactions using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Online Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to take care when providing information in public areas of the Online Platform like message boards, which any Online Platform visitor can view.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Online Platform. Any transmission of personal data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Online Platform.

L. Children's Online Privacy

We do not knowingly collect personal data from, or direct our Online Platform to, persons under age 18 including minors under age 16 or children under 13. If we learn we have mistakenly or unintentionally collected or received personal data from a minor or child without appropriate consent, we will delete it upon receipt of a verified request, unless retention of such information is required or permitted by law. If you believe we mistakenly or unintentionally collected any information from or about a minor or child, please contact us at legal@fountainlife.com.

We do not knowingly sell or share the personal information of minors under 16 years of age.

M. Changes to Our Privacy Policy

We may update our Privacy Policy from time to time. If we make material changes to how we treat your personal data, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and notify you by email to the primary email address specified in your account as well as provide a notice on the Online Platform the first time you use the Online Platform after we make the change. The date the Privacy Policy was last revised is identified at the top of the Privacy Policy. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you and for periodically visiting this Privacy Policy to check for any changes.

N. Contact Information

If you have any questions, comments, or requests regarding this Privacy Policy and our privacy practices, or to request this Privacy Policy in another form, please contact us at:

Toll free number: (917) 672-9073.

or

Fountain Life Management, LLC

13495 Veterans Way, Suite 330

Orlando, FL 32827

Attn: Jeffrey N. Norton, Chief Legal and Privacy Officer

Email: care@fountainlife.com or legal@fountainlife.com

Our corporate headquarters areis located at 13495 Veterans Way, Suite 330, Orlando, FL 32827.

Effective Date: February 1, 2025

Fountain Life, LLC and our subsidiaries and affiliates, including Fountain Digital, LLC, Fountain Life Management, LLC, Fountain Life New York LLC, Medical Physicians, Inc., Fountain Life Dallas, LLC, Medical Physicians Dallas PA, and Fountain Life Orlando LLC (collectively, "Company," "We," “Us,” and “Our”) respect your privacy and commit to protecting it through our compliance with the practices described in this privacy policy (“Privacy Policy”). This Privacy Policy is incorporated into our End User License Agreement and Terms of Use.  All capitalized terms used in this Privacy Policy but not otherwise defined herein shall have the meanings assigned to them in the End User License Agreement and/or Terms of Use.

This Privacy Policy describes our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you or that you may provide when you (i) visit our websites located at www.fountainlife.com, www.lifeomic.com, and any and all subdomains thereof, or other digital properties, communications, or forms that link or refer to this Privacy Policy (collectively, the "Website"), and/or (ii) purchase, download, install, register with, access, or use the Fountain Life mobile application (the “Application”, and together with the Website, the “Online Platform”). This Privacy Policy applies to the personal data collected through our Online Platform, regardless of the country where you are located.  

This Privacy Policy applies to information collected:

  • On the Online Platform.
  • In email, text, and other electronic messages between you and the Website.
  • Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website.
  • From the Application and in email, text, and other electronic communications sent through or in connection with the Application. 
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website or application operated by any third party, including websites you may access through Application. 
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Online Platform.

The Online Platform may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share, or otherwise use data about you. We do not control these third-party websites, and we encourage you to read the privacy notice of every website you visit.

Please read this Privacy Policy carefully to understand our policies and practices for handling your personal data. If you do not agree with our Privacy Policy, do not download, register with, or use the Online Platform. By downloading, registering with, using, or engaging with our Online Platform, you accept and consent to the practices described in this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy) due to changes in the laws, regulations and our business. Your continued engagement with our Online Platform after any such revisions indicates that you accept and consent to them, so please check the Privacy Policy periodically for updates.

A. Data We May Collect About You

We collect and use different types of data from and about users of our Online Platform directly from you when you provide it to us, automatically as you use the Online Platform, and/or from third parties, including:

  • Personal data that is linked to or reasonably linkable to you, or that we could reasonably use to directly or indirectly identify you, such as your name, date of birth, gender, transgender or non-binary status, age, postal address, email address, telephone number, username or other similar identifier, credit card numbers, sexual orientation, national origin, medical conditions, race, citizenship, information about any physical or mental disabilities you may have, information related to your sexual activities, internet or other electronic network activity information, including the Internet protocol (IP) address used to connect your device to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, or operating system and platform, or any other identifier we may use to contact you online or offline ("personal data" or “personal information”).
  • Sensitive personal data, including personal data or personal information that reveals your racial or ethnic origin, mental or physical health conditions or diagnosis, genetic or biometric information, sex life or sexual orientation, and precise geolocation data (“sensitive personal information”).
  • Non-personal data that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, statistics, or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific Online Platform feature.
  • Non-personal details about your Online Platform interactions, including the full Uniform Resource Locators (URLs), clickstream information to, through, and from our Online Platform (including date and time), products viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from the page.

B. How We Collect Data About You

Within the last twelve months, we have collected certain data from and about you, as set forth below. Please note, this list may not be directly applicable to you but the categories represent the types of personal data we have collected about users of our Online Platform during the ordinary course of business.

We use different methods to collect data from and about you including through:

  1. Direct Interactions and the Information You Provide to Us

The information we collect on or through our Online Platform may include:

  • Identifiers, such as your name, address, and email address, that you provide by filling in forms or by corresponding with us by phone, email or otherwise.
  • Information that you provide by filling in forms on the Online Platform. This includes information you provide when you create an account (and the administration thereof), subscribe to our service, search for a product, place an order, participate in discussion boards or other social media functions on our Online Platform, enter a competition, promotion or survey, call our customer service number, request customer support and technical assistance, including through online chat functions, and when you report a problem with our Online Platform.
  • Information that you provide as required to process your orders and requests for treatment, including health insurance information.
  • Health information, including information about your medical conditions, treatment options, physician referrals, prescriptions, lab results, or other related health information.
  • Biometric information, such as exercise data, genetics, behavioral characteristics, and sleep data.
  • Information regarding legally protected classifications (we only collect your gender) and physical characteristics or description.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • Employment applications you submit.
  • Your responses to surveys that you voluntarily agree to complete for our research purposes.
  • Commercial and financial information, including transaction and billing information such as shipping address, credit or debit card number, verification number, expiration date, and identity verification information (collected by our payment processors on our behalf).
  • Details of transactions you carry out through the Online Platform and in the fulfillment of your orders. You may be required to provide financial information before placing an order through the Online Platform.
  • Your search queries on the Online Platform.
  • Materials, information, and text (collectively, “Prompts”) that you provide for processing on the Application to Fountain Life’s generative artificial intelligence (“AI”) technology, “Member AI Chat,” in order to generate a response (“Outputs”) based on your Prompts, as well as any feedback you provide (“Feedback”).
  • Other information you choose to directly provide to us in connection with your use of the Online Platform.
  • User Contributions. You also may provide information for us to publish or display ("post") on public Online Platform areas or transmit to other Online Platform users or third parties (collectively, "User Contributions"). You submit User Contributions for posting and transmission to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of any Online Platform users with whom you choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.
  1. Automated Technologies or Interactions

When you download, access, use, and/or interact with our Online Platform, we may use technology to automatically collect certain information and technical data about your equipment, browsing actions, and patterns, including: 

  • Usage Details. When you access and use the Online Platform, we and our service providers (which are third party companies that work on our behalf) may automatically collect certain details of your access to and use of the Online Platform, including internet or other network or device activity such as browsing history, app usage, traffic data, number of clicks, time spent on particular pages, files downloaded, location data, logs, and other communication data and the resources that you access and use on or through the Online Platform.
  • Device Information. We may collect information about your computer, mobile device, and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
  • Stored Information and Files. The Online Platform also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
  • Location Information. The Online Platform may collect real-time information about the location of your device, including general and precise geolocation information. This information allows us to enable access to content that varies based your location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location). We will ask your permission before collecting your precise geolocation information. In such instances, we will use your precise geo-location information to provide customized services, content, promotional offers and other information that may be of interest to you. If you no longer wish for us and/or our service providers to collect and use  geolocation information, you may disable the location features on your device. Please see your device manufacturer settings. Note, however, that opting out of the Application’s collection of location information will disable its location-based features.

We collect this information by using cookies, server logs, and other similar technologies (see Cookies and Automatic Data Collection Technologies). If you do not want us to collect this information, do not download the Application, delete it from your device, if applicable, and/or do not otherwise use the Online Platform.

  1. Cookies and Automatic Data Collection Technologies

Our Online Platform uses various automatic data collection technologies to distinguish you from other Online Platform users. We also may use these technologies to collect information about your online activities over time and across third-party websites, applications, or other online services (behavioral tracking). This helps us deliver a better and more personalized service when you interact with our Online Platform. It also allows us to improve our Online Platform by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store your preferences so we may customize our Online Platform according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Online Platform.

The technologies we use for this automatic data collection may include:

  • Cookies (browser cookies or mobile cookies). A cookie is a small file placed on the hard drive of your computer or on your smart phone. You may refuse to accept browser cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting, certain parts of our Online Platform may become inaccessible and certain features may not work correctly. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our Online Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies and you must manage their settings separately.
  • Web Server Logs, Tags, SDKs, and Other Similar Tracking Technologies. We use these technologies to offer you a more tailored experience. As we adopt additional technologies, we may also gather information through other methods.some text
    • A web server log is a file where website activity is stored. 
    • An SDK is a set of tools and/or code that we embed in our Application and software to allow third parties to collect information about how users interact with the Online Platform. 

We may tie this information to personal information about you that we collect from other sources, or you provide to us.

  1. Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Online Platform are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Online Platform. They may associate the information collected with your personal data or they may collect information, including personal data, about your online activities over time and across different websites or other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

  1. Third Parties or Publicly Available Sources

We may receive information about you if you visit other websites employing our cookies or from third parties including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, data brokers, or aggregators, such as:

  • Information we collect from social media and other content platforms.  When you “like” or “follow” us on Facebook, Instagram, X, or other social media sites, we may collect some information from you including your name, email address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.
  • Information we receive from other sources. We work closely with third parties, including, for example, third party intermediaries, such as the physicians, medical professionals and pharmacies with whom we partner to provide you with services and their health care services, sub-contractors in technical, advertising networks, analytics providers, and search information providers. Such third parties will sometimes provide us with additional information about you.

C. How We Use Your Personal Data

We use your personal data to provide you with products, offer you services, communicate with you, deliver advertising and marketing, and/or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how we may use the personal data we collect include to:

  • Present our Online Platform and provide you with the information, products, services, and support that you request from us.
  • Provide you with the Application and its contents, and any other information, products, or services that you request from us.
  • Provide services, including carry out, improve, and manage the services and facilitate the provision of healthcare services to you by physicians or other health care providers.
  • Engage in research and analysis, including engaging in internal research to understand the effectiveness of our services, improve them, and better understand our user base.
  • Communicate with you about our services, your use of the services, or your inquiries related to the services, and send you communications on behalf of physicians or other healthcare providers utilizing the services.
  • Market, such as communicating with you by email, postal mail, or phone about surveys, promotions, special events, or our products and services and those of our affiliates and third-party partners.
  • Facilitate customer support, such as providing you with technical support and customer service.
  • Facilitate account administration, such as verifying your identity and administering your account, including processing payments and fulfilling orders.
  • Personalize content, such as ensuring that content from our services is presented in the most effective manner for you and your device.
  • Ensure security, including as part of our efforts to keep our services safe and secure.
  • Facilitate legal compliance, such as complying in good faith with any procedures, laws, and regulations that apply to us.
  • Meet our obligations and enforce our rights arising from any contracts with you, including for billing or collections, or comply with legal requirements.
  • Fulfill the purposes for which you provided the data or that were described when it was collected.
  • Notify you about changes to our Online Platform or any products or services we offer or provide through it.
  • Notify you when Application updates are available, and of changes to any products or services we offer or provide through it.
  • Provide you with notices about your account and/or subscription, including expiration and renewal notices.
  • Ensure that we present our Online Platform content in the most effective manner for you and for your computer. 
  • Administer our Online Platform and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical, and survey purposes.
  • Improve our Online Platform, products or services, marketing, or customer relationships and experiences. 
  • Enable your participation in our Online Platform's interactive, social media, or other similar features.
  • Protect our Online Platform, employees, or operations.
  • Measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
  • Make suggestions and recommendations to you and other users of our Online Platform about goods or services that may interest you or them.
  • Generate Outputs from Zori AI, including using your Prompts, medical records, such as your test results, clinician notes and medical diagnoses, as Context (as defined herein) to help answer basic questions, provide general and health-related information, and help you better understand your health data. “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.
  • Evaluate and improve Zori AI, including reviewing metadata about chat conversations and anonymized transcripts.
  • Evaluate responses and obtain insights into topics in which you are interested in learning, including by reviewing your interactions with Zori AI and the content of your conversations with or messages to Zori AI, and such review may be automated or manual (human) by Fountain Life, including its providers.
  • Provide, maintain, and improve Zori AI, to conduct and support research.
  • Improve Zori AI and any related technology and support research in areas like AI and machine learning.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Combined Information. We may combine the information that we collect through the Online Platform and/or services we provide with information that we receive from other sources, both online and offline, and may use and share such combined information in accordance with this Privacy Policy. If we combine or connect non-personal, demographic, or technical data with personal data so that it directly or indirectly identifies an individual, we treat the combined information as personal data.

Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Online Platform and/or services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research, scientific, medical, and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

We may also use personal data to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your data in this way, please adjust your user preferences in your account profile. 

We may use personal data to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. We may use non-personal data for any business purpose.

D. Disclosure of Your Personal Data

We have not sold or shared your personal data for targeted advertising within the last twelve months and we do not “sell” or “share” any personal data to third parties.

Within the last twelve months, we may have disclosed your personal data in the course of ordinary business with:

  • Any member of our corporate group, including our subsidiaries, our ultimate holding company and its subsidiaries, and our affiliates. We may share information we collect within any Company member or group (e.g., our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries) to deliver products and services to you, ensure a consistent level of service across our products and services, and enhance our products, services, and your customer experience.
  • Healthcare providers providing services. We share your information with healthcare providers: (i) to schedule and fulfill appointments and provide healthcare services as part of our services, and (ii) to whom you send messages through the Online Platform.
  • Healthcare Operations Providers providing services. We share your information with healthcare operations providers for treatment, payment or healthcare operations purposes, including pharmacy services, upon your request.
  • Service Providers. We provide access to or share your information with select third parties who use the information to perform services on our behalf. They provide a variety of services for us, including billing, sales, marketing, advertising, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services. These entities may also include health care organizations, pharmacies, and other third parties we use to support our business or in connection with the administration and support of the services we render or the Online Platform.
  • Business partners, suppliers, service providers, sub-contractors, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Online Platform improvement and optimization). We contractually require these third parties to keep that personal data confidential and use it only for the contracted purposes.
  • Third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep that personal data confidential and use it only for the contracted purposes.
  • Advertisers and advertising networks that require the data to select and serve relevant ads to you and others. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a specific location). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
  • Credit reference agencies when required to assess your credit score before entering into a contract with you.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Online Platform, we will transmit the contents of that email and your email address to the recipients.
  • For any other purposes that we disclose when you provide the data.
  • With your consent.  We may disclose your information in other ways as directed by you and/or with your consent.

If you opt-in and consent to receive SMS messages and authorize the Company to contact you by text message (including by an automatic telephone dialing system) at the mobile number provided by you or on your behalf in connection with your Company account or otherwise, then you shall only receive messages from or on behalf of the Company at the respective number you provide, and no mobile information will be shared by the Company with third parties for marketing or promotional purposes. The above disclosure categories do not include SMS messaging originator opt-in data and consent; this information will not be shared with any third parties. Notwithstanding the foregoing, if you expressly provide your mobile number to a third party via the Online Platform for the purpose of receiving marketing or promotional SMS messages from that third party, then you may receive SMS messages from that third party pursuant to the consent that you provided.

We may also disclose your personal data to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • To a buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, where one of the transferred assets is the personal data we hold.
  • To comply with any court order, law, or legal process, including responding to any government or regulatory request, including responding to claims that any content violates the rights of third parties. 
  • To enforce or apply our End User License Agreement, Terms of Use, this Privacy Policy, and/or terms and conditions of supply and other agreements.
  • To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction.
  • Public Forums. Certain features of the Online Platform may permit you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our sites, we may display your review (along with the name provided, if any) on other Company websites and on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
  • Aggregate/De-Identified Information: We reserve the right to create Aggregate/De-Identified Data from the information we collect through the Online Platform and when rendering services and our sharing of such Aggregate/De-Identified Data is in our discretion.

We may share non-personal data without restriction in accordance with applicable law.

E. Your Personal Data Use Choices

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information:

  • Promotional Offers from the Company. If you do not want us to use your contact information to promote our own products and services, or third parties' products or services, you can opt-out by sending us an email with your request to care@fountainlife.com. You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions. Please note that regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or in accordance with applicable law. For example, you may not opt-out of certain operational emails, such as those reflecting our relationship or transactions with you.
  • Third-Party Advertising. If you do not want us to share your personal data with unaffiliated or non-agent third parties for promotional purposes, you can always opt-out by logging into the Online Platform and checking or unchecking the relevant boxes to adjust your account profile's user preferences, or by sending us an email stating your request to care@fountainlife.com
  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Online Platform may become inaccessible or not function properly. For more information about tracking technologies, please see Cookies and Automatic Data Collection Technologies.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes, or by sending us an email stating your request to care@fountainlife.com
  • Location Information. You can choose whether or not to allow the Application to collect and use real-time information about your device's location through the device's privacy settings. If you block the collection or use of location information, some parts of the Application may become inaccessible or not function properly.

Our Online Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates, or include plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.

F. Consent to Personal Data Transfer

The Company is based in the State of Florida in the United States. If you are using the Online Platform, or any part thereof, from outside of the United States, please be aware that your information, including personal data, 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 and/or comprehensive as those in your jurisdiction. By providing us with your information you acknowledge that your information, including personal data, will be transferred to the United States and processed and stored on servers in the United States. Your information, including personal data, may also be processed by employees or by other third parties who work for us, or by the representatives and employees or workers of the Company located outside your home country. By submitting your information, including personal data, or engaging with our Online Platform, you consent to this transfer, storing, and/or processing of information, including personal data, to the United States and those third parties with whom we share it.

G. Your Personal Data Rights

You can access, review, and update your personal data by logging into the Online Platform and visiting your account profile page.

Certain jurisdictions provide their residents with specific rights regarding their “personal information” or “personal data” (as such terms are defined in the applicable laws). These rights may include:

  • Right to Know.  You have the right to know the categories of personal information we have collected about you, the categories of sources from which we have collected your personal information, the business or commercial purposes for which we have collected or shared your personal information, the categories of third parties to whom we disclose your personal information, and the specific pieces of personal information we collected about you, in each case, in the twelve months prior to your request. In addition, you have the right to know the specific pieces of personal information we have collected about you (also called a “data portability” request). We may be required by law to omit certain sensitive information when responding to a data portability request. If you request such sensitive information, we will inform you with sufficient particularity that we have collected the type of information. Please note that we are only required to respond, free of charge, to a limited number of requests per consumer each year.
  • Right to Delete.  You have the right to request that we delete certain information that we collected or maintain about you, subject to certain exceptions.
  • Right to Correct. You have the right to request that we correct inaccurate personal information we maintain about you, considering the nature of the personal information and the purposes of processing the personal information.
  • Right to Opt-out of the Sale or Sharing.  If a business sells or shares your personal information for targeted advertising, you have the right to opt-out of the sale or sharing of your personal information.  
  • Right to Limit Use of Sensitive Personal Information.  If a business uses or discloses sensitive personal information for reasons other than those permitted by law, you have the right to limit the use and disclosure of that information. We use and disclose sensitive personal information only as permitted by law.
  • Right Not to Receive Discriminatory or Retaliatory Treatment. You have the right not to be discriminated or retaliated against for exercising any of your privacy rights.

If you would like to exercise any of your data rights, you may send us an email at care@fountainlife.com or legal@fountainlife.com or call our toll-free number (917) 672-9073  Please include your full name, email address and residential address associated with your use of our Services, along with the rights you would like to exercise, so that we can process your request. If you would like to receive a copy of your medical record in connection with your request, please indicate that in your email message. By requesting your medical record in this way, you are agreeing to receive your medical record in an unencrypted email message.

You may also designate an authorized agent to submit a request on your behalf. To designate an authorized agent, please provide a power of attorney, or a written and executed document signed by both you and the agent authorizing them to act on your behalf.

We will take reasonable steps to verify your identity before responding to your request. We may not accommodate your request to correct or delete information in certain situations, such as if we believe that correction or deletion would violate any law, negatively impact the accuracy of the information, require disproportionate effort, or if we are unable to verify your identity. We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. We may also decline to honor your request where the personal data that we maintain is not subject to applicable access, correction, and/or deletion rights.

If you delete your User Contributions from the Online Platform, copies of your User Contributions may remain viewable in cached and archived pages or because other Online Platform users may have copied or stored them. Our Terms of Use govern proper access and use of information provided on the Online Platform, including User Contributions.

H. How We Process Opt-Out Preference Signals

An opt-out preference signal is a signal that is sent by a platform or browser that clearly communicates your choice to opt-out of the sale or sharing of personal information. We process opt-out preference signals in a frictionless manner. You can implement an opt-out preference signal through the privacy controls available on your web browser, or by downloading a browser extension that can be enabled to support your single opt-out preference signal. Your opt-out preference signal will apply to your device’s browser. To learn more about how to implement opt-out preference signals and global privacy controls, please consult your browser’s privacy settings or visit Global Privacy Control.

I. Data Retention

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws, including laws that apply to medical records.

J. Jurisdiction Specific Rights

  1. California Shine the Light Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to request information regarding the manner in which their personal information is shared with third parties for the third parties’ direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

  1. Privacy Information for Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at: care@fountainlife.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

K. Data Security

The security of your personal data is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. We store all personal data you provide to us behind firewalls on servers employing security protections. We encrypt any payment transactions using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Online Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to take care when providing information in public areas of the Online Platform like message boards, which any Online Platform visitor can view.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Online Platform. Any transmission of personal data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Online Platform.

L. Children's Online Privacy

We do not knowingly collect personal data from, or direct our Online Platform to, persons under age 18 including minors under age 16 or children under 13. If we learn we have mistakenly or unintentionally collected or received personal data from a minor or child without appropriate consent, we will delete it upon receipt of a verified request, unless retention of such information is required or permitted by law. If you believe we mistakenly or unintentionally collected any information from or about a minor or child, please contact us at legal@fountainlife.com.

We do not knowingly sell or share the personal information of minors under 16 years of age.

M. Changes to Our Privacy Policy

We may update our Privacy Policy from time to time. If we make material changes to how we treat your personal data, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and notify you by email to the primary email address specified in your account as well as provide a notice on the Online Platform the first time you use the Online Platform after we make the change. The date the Privacy Policy was last revised is identified at the top of the Privacy Policy. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you and for periodically visiting this Privacy Policy to check for any changes.

N. Contact Information

If you have any questions, comments, or requests regarding this Privacy Policy and our privacy practices, or to request this Privacy Policy in another form, please contact us at:

Toll free number: (917) 672-9073.

or

Fountain Life Management, LLC

13495 Veterans Way, Suite 330

Orlando, FL 32827

Attn: Jeffrey N. Norton, Chief Legal and Privacy Officer

Email: care@fountainlife.com or legal@fountainlife.com

Our corporate headquarters areis located at 13495 Veterans Way, Suite 330, Orlando, FL 32827.