Our Terms of Use

What is this document?

This Terms of Use (or "TOU") is an agreement between you and AlemHealth Technologies, Inc. and affiliated companies (collectively known as "AlemHealth"). There are rules you agree to follow when using our mobile applications and website(s) (the "Apps"), including when you ask questions and when you view or input content on or into the Apps. The Privacy Statement and Cookie Policy, which govern all privacy and data use-related aspects of your use of our Apps, are separate documents that you should also review. While they are separate documents, they are incorporated in full into these TOU.

Why should I read it?

When you sign up for AlemHealth you verify that you've read and agree to our Terms of Use when using the Apps.

Definitions

To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:

• "AlemHealth", “AlemHealth Connect” or the "Apps" means https://www.alemhealth.com, https://alem.health, and related web sites and AlemHealth's mobile applications, including AlemHealth Vault, AlemHealth for Doctors, AlemBox, and any other Apps we release.

• "Company," "we," "us," or "our" means AlemHealth Technologies Inc., a Delaware corporation, and any other companies that are subsidiaries and affiliates of AlemHealth Technologies Inc. When used in the context of the company name, "AlemHealth" may also refer to AlemHealth Technologies, Inc.

• "Services" means services provided through the Apps.

• "Premium Services" means paid services provided through the Apps (such as Second Opinion).

• "Medical Expert" means an individual accepted to participate in the AlemHealth Platform and who participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on AlemHealth in their capacity as experts.

• "Second Opinion" means a radiology consultation between a radiologist and a patient performed asynchronously.

Introduction

AlemHealth Connect

AlemHealth connects you with leading radiologists and trusted health information, designed to help you access the information you need to support an accurate diagnosis.

AlemHealth Connect is not for medical care

On AlemHealth Connect no formal medical diagnosis, treatment, or prescriptions are allowed. ALL INFORMATION PROVIDED ON ALEMHEALTH CONNECT OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY ALEMHEALTH, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH ALEMHEALTH MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW IN ANY RELEVANT JURISDICTION; ALEMHEALTH CONNECT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY ALEMHEALTH CONNECT OR ANY ALEMHEALTH MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK.

AlemHealth Premium Services (Including Second Opinion) may be used for limited medical care (as appropriate)

On AlemHealth Second Opinion, as available and appropriate for second opinions, radiology reports, diagnosis and opinions are available. AlemHealth Second Opinion is not a substitute for: health insurance, a primary care doctor, or in-person health care interactions. You agree not to use AlemHealth Premium Services as a substitute for health insurance or a primary care doctor or in- person doctor visits.

These Terms of Use are an Agreement

Generally, this agreement governs your use of the Apps. Other terms may apply to your use of a specific features or parts of our Apps. If there is a conflict between these TOU and terms posted for a specific feature or part, the latter terms apply to your use of that feature or part. These Terms of Use require the use of arbitration to resolve disputes and also limit the remedies available to you in the event of a dispute.

We May Update this Agreement

These Terms of Use may change. Because your use of AlemHealth means you agree to these Terms of Use, if we revise and update these Terms of Use, your continued use of AlemHealth will mean that you accept those changes. You choose whether or not you use AlemHealth. If you do not agree to all of these Terms of Use, please do not use AlemHealth.

What We Do and What We Don't Do (AlemHealth Connect)

We Do Support Your Health Decisions (AlemHealth Connect)

AlemHealth is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor-patient relationship. Always use common sense when making health decisions. AlemHealth cannot make decisions for you. We can help you find good health information and, where available and appropriate, connect with doctors for care via AlemHealth Premium Services or for in-person care.

We Don't Practice Medicine (AlemHealth Connect)

On AlemHealth you can find informational and educational content provided by Medical Experts. AlemHealth is not a place for the practice of medicine, but Medical Experts on AlemHealth have provided a resource of reliable, relevant general health information. We hope these services will be of value to you. Please use them responsibly.

On AlemHealth Premium Services you can obtain care (if you are located in a country where this service is available). This TOU applies to AlemHealth Connect.

We Do Provide Access to Radiologists for Diagnosis and Care (AlemHealth Premium Services)

On AlemHealth Premium Services you can obtain diagnostic care (if you are located in a country where such service is available). This TOU applies to AlemHealth. Additional terms apply to AlemHealth Premium Services.

We Don't Create Doctor-Patient Relationships (AlemHealth Connect)

The use of AlemHealth does not create a doctor-patient relationship. AlemHealth contains Content, and may help you identify services or may offer services. Everything on AlemHealth, including Content accessed or Services provided through AlemHealth, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.

We Do Support Doctor-Patient Relationships (AlemHealth Premium Services)

AlemHealth Premium Services support doctor-patient and doctor-doctor relationships. A temporary doctor-patient relationship is created by the use of AlemHealth Premium Services between you and the reporting radiologist.

We Aren't Your Doctor (AlemHealth Connect)

Whenever we use the words "your physician" or "your doctor" or "healthcare provider" or similar words on AlemHealth, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider). Radiologists and Medical Experts on AlemHealth are not "your" doctor, physician, or healthcare provider. When you participate in a Second Opinion on AlemHealth Premium Services, you understand and agree that Radiologists on AlemHealth Premium Services are not your Primary Care Physician and you agree not to use AlemHealth Premium Services as a substitute for interactions with your Primary Care Physician.

We Don't Provide Personal Diagnosis, Treatment or Prescriptions (AlemHealth Connect)

Interactions on AlemHealth Connect do not constitute the practice of medicine and cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use AlemHealth Connect, its Content or Services to diagnose or treat a medical condition. Use AlemHealth Premium Services or see your doctor in person if you are looking for a personal medial evaluation, diagnosis, or prescription.

We're Not For Use in Emergencies

Never use AlemHealth Connect, Content or Services (including AlemHealth Premium Services) in a potential or actual medical emergency. CALL YOUR LOCAL EMERGENCY SERVICE OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.


Remember...

Always consult your doctor

Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your physician or your healthcare provider, or before taking any drug or changing your diet.

Always...

• SEEK THE ADVICE OF YOUR DOCTOR OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.

• NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT, BECAUSE OF SOMETHING YOU READ OR LEARN ON ALEMHEALTH.

• CALL YOUR LOCAL EMERGENCY SERVICE OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.

AlemHealth Medical Experts

Independence of AlemHealth Medical Experts

AlemHealth Medical Experts and professionals or specialists utilizing or featured on AlemHealth are not employees or independent contractor service providers of AlemHealth. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of AlemHealth. AlemHealth does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on AlemHealth or by a licensee of AlemHealth. (Radiologists on AlemHealth Premium Services are employees or independent contractors of separate professional corporations, or sole proprietors)

The inclusion of professionals and specialists on AlemHealth or in any professional directory on AlemHealth does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND ALEMHEALTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALEMHEALTH SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON ALEMHEALTH. The use of AlemHealth by any entity or individual to verify the credentials of professionals or specialists is prohibited.

All opinions and statements expressed by AlemHealth Medical Experts on or through AlemHealth are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of AlemHealth, its affiliates or any other organizations or institutions to which such AlemHealth Medical Expert or such specialist or professional is affiliated or provides services.

Children's Privacy

We are committed to protecting the privacy of children. AlemHealth is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Registered adult users of AlemHealth may use AlemHealth for the benefit of children.

Your Account and Your Use of AlemHealth

You are responsible for your account: keep your account and password private.

Accurate and complete registration information is required to use AlemHealth. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using AlemHealth is not permitted.

Your use must be legal and you must be an adult to use AlemHealth.

AlemHealth is a Business Associate of health care professionals under the US federal health care privacy and security law known as HIPAA. Your personal information will be stored in a secure manner. AlemHealth has implemented various encryption and security technologies and procedures to protect, from unauthorized access, your personal information which is stored in our computer systems. We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information. Full access to the Apps is enabled only by usernames and passwords. You are fully and solely responsible for any and all use of the Apps using your username and password. We reserve the right to revoke or deactivate your username and password at any time.

Your use of AlemHealth and any Content and Services must comply with all applicable laws, regulations, and ordinances. Currently, you must be at least 16 years old to use AlemHealth and at least 18 years old to register for AlemHealth Premium Services.

We'll send you notices and information.

For more details about when and how we can communicate with you, please consult our Privacy Statement.

Code of Conduct for Patients

Etiquette As a patient or clinician consulting with radiologists on AlemHealth, you agree to engage with the radiologist in a respectful and appropriate manner. You agree to refrain from using inappropriate language and/or behaviour.

Treatment You agree that you may not make demands for any specific language or diagnosis in a Second Opinion.

Abuse of Care AlemHealth is intended to give you easy access to health information (and even care) on your computer or mobile device. As a AlemHealth patient and customer (upon payment of a AlemHealth Premium Services transaction or other access to consulting doctors on AlemHealth), you are entitled to receive medically necessary and appropriate care, and you agree not to abuse or overuse the access to doctors provided to you. Overuse includes requests for multiple opinions on single medical condition.

Content and Services

AlemHealth Connect is a Free Service That Offers Paid Services

It's free to sign up for and use many of services available on AlemHealth, including the symptom tracker, patient vault, and other apps. AlemHealth also provides premium, optional Services that can be accessed for a fee. ("Premium Services"). We will never ask you for your credit card or other payment information unless you indicate that you would like to use a Premium Service.

AlemHealth is for personal use.

AlemHealth is a service for individuals to use to support their personal health decisions. You may use AlemHealth for personal, but not for commercial, purposes in accordance with all applicable laws. Organizations, companies, and businesses may not become registered members or use our Apps as entities or through individual members. Licensed doctors and other qualified medical experts may apply to participate on AlemHealth for educational purposes as Medical Experts, or to provide radiological opinions via AlemHealth Premium Services. The Content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by AlemHealth in writing. By using AlemHealth, you agree not to harvest, scrape or otherwise collect any information about our members or doctors for any reason, including but not limited to for sending unsolicited communications, including spam.

AlemHealth must be used responsibly.

You agree to use the Apps and any Service responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive. You also agree not to intentionally overuse any Service or Premium Service, or use any Service or Premium Service for medically inappropriate purposes.

AlemHealth may not be used for illegal purposes.

The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with AlemHealth, the Content, or Services. You may not use any automated means (such as a scraper) to access AlemHealth, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person's login credentials to access AlemHealth. Any attempt by any individual or entity to solicit login information of any other user or AlemHealth Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

AlemHealth does not make recommendations or endorsements.

We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on AlemHealth. AlemHealth is designed to be used with common sense, and in connection with the advice of your doctor or healthcare provider. Reliance on AlemHealth Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Experts, may be or have been provided by third parties directly and are not reviewed or certified by AlemHealth. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.

AlemHealth does not guarantee the accuracy of Third Party Content.

AlemHealth has no editorial control over or responsibility for Content provided by third parties and any opinions, statements, products, services or other information expressed or made available by third parties (including Medical Experts) or users on AlemHealth are those of such third parties or users. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and do not represent or warrant that your use of the Content displayed or referenced on AlemHealth will not infringe rights of third parties not owned by or affiliated with AlemHealth.

We are not responsible for anything outside of AlemHealth.

Content and Services, links to other apps, web sites or information, software, data, or other content, online or offline ("External Content and Services"), such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of AlemHealth and we are not responsible for such content. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies or individuals responsible for such External Content and Services and cannot be attributed to AlemHealth. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, related or pertaining to External Content and Services.

You are responsible for your use of our Mobile Features.

The platforms available via the Apps (the “AlemHealth Platforms”) offer features and services available to you via your mobile phone or other mobile device. These features and services may include the ability to upload content to the AlemHealth Platforms, receive messages from the AlemHealth Platforms, download applications to your mobile phone or access AlemHealth Platforms features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (such as "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature, or to change your profile settings inside the Apps. You agree to notify AlemHealth of any changes to your mobile number and update your account(s) on the AlemHealth Platforms to reflect this change.

You agree that we may send you limited personal information by email, SMS and mobile telephone notification.

When you use action-oriented features on AlemHealth and AlemHealth Premium Services (including ordering a Second Opinion), you agree that AlemHealth may send you automatically via e-mail, mobile telephone or other contact information provided by you in your account settings, content including but not limited to, reminders relating to health checklists or doctor recommended actions for you. As a result, the content in those reminders may contain protected health information under HIPAA, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are opting into receiving your own protected health information by email, SMS or mobile telephone notification, which is not secure. You also understand and agree that by receiving such protected health information by e-mail, SMS or mobile telephone notification, you will be charged by your wireless or internet provider and that such e-mails, SMS or mobile telephone notification may be generated by an automated dialing system. You control the utility, and the privacy, of the reminders you receive. In your account settings, you can control what information is sent to you, and where it’s sent, and you can unsubscribe or opt-out from receiving reminders via email, SMS or mobile telephone notification , or any of them. If you prefer not to receive personal information by email or mobile notification, you agree to update your account notification settings.

Mandatory Removal of Content and Services

If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Use of Your Information

We only use data you share with AlemHealth as set forth in the AlemHealth Privacy Statement, your account Settings, and in accordance with applicable law.

We cannot control external communications (including email, SMS, and notifications).

Email, and short message service (SMS), text message communications and mobile push notifications from the Apps are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using the Apps, you release AlemHealth from any liability arising from or related to any such interception or unauthorized access.

Advertising

We Do Not Advertise. There is no paid advertising on AlemHealth.

Property Rights

AlemHealth owns or has rights to the Content and Services.

When you use the Apps, you do so under a license from us. Your license to use AlemHealth is personal, revocable, nonassignable, and nonexclusive. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, that you cannot give this license away to someone else, and that other members can use our Content and Services. All right, title and interest in and to the Apps and the Content, together with all intellectual property rights embodied therein (including without all engagement, rating, and ranking systems and methodologies on the Apps) are the property of AlemHealth or our affiliates, excluding your rights under law to any information or Content related to AlemHealth Premium Services. Rights retained by other parties in the Content are their respective rights.

You must ask our permission to use our Trademarks.

We have obtained or applied for various Trademarks and service marks. AlemHealth, the AlemHealth logo, other AlemHealth Trademarks and service marks and other AlemHealth logos and product and service names are our trademarks (the "AlemHealth Marks"). If you would like to use or display any AlemHealth Marks, you must ask our permission. Without our prior written permission, or according to the media use guidelines we publish, you agree not to display or use in any manner the AlemHealth Marks. All trademarks, brands, and content on AlemHealth are the property of their respective owners.

You agree not to infringe our Copyrights, Trademarks, Trade Secrets, Patents or other intellectual property rights.

You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Apps as they are designed and intended to be used, including using App features which allow you to re-post Content or portions of Content, including those which permit you to distribute Content through other third party applications and mediums (such as Facebook or Twitter), so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "AlemHealth" without our prior written permission.

You agree not to access, attempt to access, or use our Data without our Permission.

You agree not to access, attempt to access, request access not authorized by the Apps or use any any App Content or data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or any Content, in whole or in part, in any form or by any means.

Contact us if you believe materials on our Apps infringe your copyright.

If you believe any materials accessible on or from AlemHealth infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to its removal.

Submissions

You agree to abide by our Submission Guidelines

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to AlemHealth is governed by the Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement. You agree that member or expert submissions will apply with AlemHealth's Submissions Terms and Policies.

You give us rights in what you submit.

With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement) and other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the rules and regulations promulgated thereunder (as amended to date, "HIPAA"), if you make any submissions (by email or otherwise) on, to or through AlemHealth, including but not limited to data, questions, comments, suggestions, business information, ideas, concepts or inventions, you make such submission without any restrictions or expectation of compensation or of confidentiality, and you agree that your submissions may be used without restriction for any purpose whatsoever, and you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-AlemHealth the complete right to freely use such submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, publicly perform or display (in any media or form now known or hereafter developed), or otherwise communicate to the public, in the form of a royalty-free, perpetual, irrevocable, worldwide nonexclusive license.

AlemHealth may sublicense its rights. Such submissions will be treated as non-confidential and non-proprietary and will become the property of AlemHealth, and AlemHealth shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to AlemHealth for any purpose whatsoever, including, without limitation, developing and marketing products using such information. AlemHealth does not accept unsolicited recruiter or similar submissions and does not pay fees for any such parties without a current contract on file, and you agree that any submissions of candidates by a recruiter or other third party without a valid and signed recruiting agreement in place with AlemHealth prior to such submission will not be subject to any recruiter or similar fees.

Don't submit anything to us if you don't want to give us rights to it. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to AlemHealth, by email or otherwise.

AlemHealth Medical Experts

About AlemHealth Medical Experts

Radiologists on the Apps include respected radiologists throughout the United States and India. Only licensed doctors may participate as Medical Experts on AlemHealth (including AlemHealth Premium Services). Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to AlemHealth as a Medical Expert on AlemHealth or participating on AlemHealth Premium Services. Supplemental Terms of Use apply to Experts who participate on AlemHealth (including those who provide Premium Services).

Personally Identifiable Information

Our members have a right to the privacy of their identity.

AlemHealth does not disclose personally identifiable information about our members. However you understand and agree that if you choose to use AlemHealth Premium Services, that personally identifiable information will be visible to the radiologists with whom you interact. As a reminder, we prohibit commercial use of the Apps.

Termination

All of our members are required to honour this Agreement.

Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use AlemHealth and the Services and/or Content at any time. This suspension or termination may delete information, files, and other previously available Content.

Changes to this Agreement

We may update these Terms of Use.

When we make changes, we will revise the "last modified" date at the top of this document. We encourage you to review these Terms of Use periodically. Your continued use of AlemHealth constitutes your agreement to the changed Terms of Use.

Indemnification & Exclusions and Limitations

Exclusion of Warranties

THE APPS AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS." NEITHER WE, ALEMHEALTH MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. ALEMHEALTH AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING ALEMHEALTH AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.

Limitation of Liability of AlemHealth

We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any Content or other information submitted, transmitted, or received via our Apps.

Use at your own risk

The Apps and the Content are provided on as "as is" basis. NEITHER WE, ALEMHEALTH MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of AlemHealth, whether by AlemHealth or any other party; or (ii) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with AlemHealth. Any location data accessed via the Apps may be inaccurate or incomplete and any use of such data is at your own risk.

Specific limitation of liability regarding expert content on AlemHealth.

Content on the Apps created, modified, submitted or validated by Medical Experts or other healthcare experts on AlemHealth (collectively, "Expert Content") are subject to the following additional terms and conditions. (When we use the term Content elsewhere in this TOU, this term includes Expert Content.) The authors or third party posting such content ("Posters") are solely responsible for their content. While we hope that you will find the Expert Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Expert Content regarding treatment of medical conditions, actions, or application of medication. Under no circumstances, as a result of your use of the Expert Content or this Site, will the Expert Content Poster or such Poster's employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Poster (and such Poster's employer and/or sponsor) shall have absolutely no liability in connection with AlemHealth for: (a) any loss or injury caused, in whole or in part, by the Poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Expert Content or make medical or other important decisions based on it, and it also means that the Posters are not responsible for what you do or don't do with the Content. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of (1) any content posted or made available by you through Expert Content, (2) any violation of law that occurs by you through your use of Expert Content or this Site, and/or (3) anything you do using Expert Content, our Apps and/or the information contained therein.

NEITHER US, THE MEDICAL EXPERTS ON ALEMHEALTH, OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED DOLLARS ($100).

AlemHealth, its licensors, its suppliers, or any third parties mentioned on AlemHealth are not liable for any personal injury, including death, attributable to or caused by your use or misuse of AlemHealth or Content (including member supplied Content or Medical Expert supplied Content). Any claims arising in connection with your use of AlemHealth or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Arbitration

By using the Apps, you agree to be bound by our Arbitration Agreement. This agreement applies to all users, whether members and Medical Experts.

Licensed Content

Certain Content may be licensed from third-parties.

The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use or in the Additional Information section of our Apps (which is incorporated herein by reference).

General Legal Terms

Trademarks

AlemHealth is a Trademark of AlemHealth Technologies, Inc. Any other trademark, brand, or content on AlemHealth that is not the property of AlemHealth is the property of its respective owner.

General Terms

This Agreement, and the other agreements referenced in it (like our Privacy Statement and Cookie Policy), is the entire agreement between you and us relating to AlemHealth. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a mutually signed written agreement between you and us related to AlemHealth, the signed written agreement will control.

We reserve the right to modify or discontinue our Content and Services (including but not limited to AlemHealth and AlemHealth Premium Services) with or without notice to you, and you agree that we are not liable to you or any third party should we modify or discontinue any services, and that your only recourse is to cease using the Services. Continued use of Services following any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified.

Other parties may have rights under this agreement. A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit.

If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

If we choose not to enforce any provision of this Agreement, we retain the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

This agreement is governed by Singapore law, including Singapore’s choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SINGAPORE. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.

AlemHealth Arbitration Agreement

Summary

AlemHealth's Terms of Use require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by contacting our support department at support@AlemHealth.com. In the unlikely event that our support team is unable to resolve a legitimate legal complaint you may have (or if AlemHealth has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us to resolve any disputes for 30 days after notifying us of such issues before filing arbitration.

Agreement

First things first: let's try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against AlemHealth, you agree to make a good faith effort to try to resolve the dispute informally by contacting support@AlemHealth.com and responding promptly to any related communications. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or AlemHealth may bring a formal proceeding.

This Arbitration Agreement ("Arbitration Agreement") is a condition of the Terms of Use of AlemHealth and the Apps. The effective date of this agreement is August 30, 2014 (the "Effective Date").

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator.

The language of the arbitration shall be English. If the reasonable value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AlemHealth should be addressed to: General Counsel, AlemHealth, at the current company address indicated on the on the AlemHealth website (www.AlemHealth.com) ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief ("Demand").

The arbitrator will decide the substance of all claims in accordance with the laws of Singapore, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different AlemHealth users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties. The SIAC rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$5,000 or less, AlemHealth will pay all arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the SIAC with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous or without merit under AlemHealth's Terms of Use or otherwise ("Frivolous Claims"). In such case, we will make arrangements to pay all necessary fees directly to the SIAC. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AlemHealth will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are Frivolous Claims, you agree to reimburse AlemHealth for all fees associated with the arbitration paid by AlemHealth. AlemHealth's obligations to pay these fees shall be made after a preliminary determination that the claims are not barred or limited by the AlemHealth Terms of Use. Bared or limited claims constitute Frivolous Claims.

YOU AND ALEMHEALTH AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS." UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ALEMHEALTH USERS.

Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.

Opt-Out Procedure

The Opt-Out deadline for optin out of this Arbitration Agreement has passed.

CLAIMS ARE TIME-BARRED. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.

AlemHealth Guidelines: Members

AlemHealth Member Submissions Terms and Policies

The Basics

IN CONSIDERATION FOR PERMISSION TO USE ALEMHEALTH YOU AGREE TO ABIDE BY ALL APPLICABLE TERMS OF USE AND NOT TO DO ANY OF THE FOLLOWING, WHICH CAN RESULT IN YOUR IMMEDIATE ACCOUNT CANCELLATION:

• Excluding AlemHealth Premium Services, No Individual or Specific Patient Questions. Do not post any facts that give the impression that a question is uniquely patient-specific, or are about a specific person, including yourself.

• Only Adults May Post. Minors may not create their own profiles on AlemHealth and AlemHealth does not permit the posting of questions by persons under 13 years of age. Caregivers may post educational questions related to authorized care recipients (such as the mother posting questions about an infant).

• No Posting of Personally Identifiable Information. Do not post name(s), email address(es), or telephone number(s), URLs, or any other confidential or Personally Identifiable Information for you or any other person or entity on AlemHealth.

• No Posting for Illegal Purposes. Do not use AlemHealth for any purpose in violation of local, state, federal, or international laws.

• No Infringing or Impersonating Postings. Do not post material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others; do not post impersonating another person or entity.

• No Inappropriate Postings. Do not post material that is unlawful, misleading, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion.

• No Excessive or Inappropriate use. Do not use the Apps excessively or inappropriately or in ways that the Apps were not designed for or that are not, in the opinion of AlemHealth doctors, medically appropriate or legitimate.

• No Promotions or Links. Do not post advertisements or solicitations or links to other websites or individuals.

• No Spam or Schemes. Do not post the same question more than once or "spam" AlemHealth; no posting of chain letters or pyramid or other schemes.

• No Detrimental Behaviour. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying AlemHealth, or which, in the judgment of AlemHealth, exposes us or any of our members, partners or suppliers to any liability or detriment of any type.

Rules for submitting questions or posting Content on AlemHealth

You agree to our Terms and Conditions and Rules

By using (including by accessing or attempting to access) AlemHealth you agree that we have the right (but are not obligated) to: investigate an allegation that a communication or Content does not conform to these Terms and Conditions and determine in our sole discretion to remove or request the removal of the communication or Content; remove Content (including member-submitted questions) that we determine, in our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; terminate a member's access to AlemHealth upon any breach of any of these Terms and Conditions; terminate a member's access to AlemHealth if the member's registration information and/or email address is no longer valid; and remove any communication in AlemHealth; regardless of whether such communication violates these standards. We reserve the right to take any other action we deem necessary to protect the personal safety of our guests, visitors, and the public.

Only submit what you have a right to submit

If you make any such submission you agree that you will not send or transmit to AlemHealth any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to AlemHealth by email or otherwise, you agree such submission is non-confidential for all purposes. You agree to only post or upload Media (like photos) that you have taken yourself or that you have all rights to post or transmit and license, and which do not violate copyright, trademark, privacy or any other rights of any other person. By uploading any media on AlemHealth, you are representing and warranting to us that you have permission from all persons appearing in your media for you to use the media in this way, and to grant the rights described in these Terms of Use. Never post a picture with someone else unless you have their explicit permission.

Be a responsible and sensitive community member

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, medically inappropriate, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these TOU our Privacy Statement or any other AlemHealth policy.

Don't upload any viruses or software

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

You grant us a right when you upload or submit media or content

We need to have the right to display the content and media you upload to us. By uploading any media, like a photo, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes AlemHealth to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify AlemHealth and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these terms.

You understand that we may review and reject any submission

We reserve the right to review all media or any other submission prior to or after submission to the site and to remove any media or any submission for any reason, at any time, without prior notice, at our sole discretion.

Additional Terms: AlemHealth Premium Services

The following terms apply to your use of AlemHealth Premium Services and the AlemHealth Radiology Platform. By using AlemHealth Premium Services you represent that you understand and agree to all of the following:

Understandings, Agreements, and Representations

Medical Agreement

• You are entering into a physician - patient relationship with the radiologists associated with the selected medical group that personally performs the radiology consult for you.

• You agree to use your legal name and real medical information in radiology consults on AlemHealth Premium Services

• You agree to use only one AlemHealth account for maintaining your medical records and for doing AlemHealth Premium Services consults.

• You represent and warrant to AlemHealth that you have a primary care physician.

• You understand that you should never delay seeking advice from you primary care physician or other health professionals due to information provided by a Healthcare Provider through AlemHealth Premium Services. You agree to seek emergency help when needed, and continue to consult with your primary care physician as recommended by doctors on AlemHealth Premium Services and by your primary care physician.

• AlemHealth Technologies Inc. is the provider of certain administrative and technology services to radiologists on our platform and does not provide professional medical services.

• AlemHealth and AlemHealth Premium Services are not doctors and do not practice medicine and do not participate in or interfere with the practice of medicine by doctors on AlemHealth or AlemHealth Premium Services, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.

• You understand that if your medical condition warrants emergency help, the physicians on the AlemHealth Network will direct you to the nearest local hospital emergency department or emergency room.

• You understand that the services offered by AlemHealth are not health insurance and are not a substitute for health insurance, and you agree not to use such services as health insurance. AlemHealth Premium Services is designed for use independent of health insurance as an out-of-pocket cost service and that associated fees may not qualify for insurance or HSA or similar reimbursement.

• You agree to refrain from excessive or inappropriate use of AlemHealth Premium Services, including but not limited to multiple consults for the same issue without a valid medical reason, including but not limited to: initiating a subsequent second opinion consult before you have received the Summary Notes from the doctor of the prior AlemHealth Premium Services second opinion consult, or any other behaviour deemed by AlemHealth or a AlemHealth Premium Services doctor to be excessive or inappropriate.

• Other than for mutually agreed upon radiology care with a radiologist on AlemHealth, you agree to refrain from contacting or seeking to contact the AlemHealth Premium Services physician for telemedicine care outside of the platform (such as by phone, email, or other messaging system). This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous, and controlled platform. AlemHealth is not responsible for any interactions with physicians not conducted on the AlemHealth platform.


Health Information

• You agree to the entry of your medical records into the AlemHealth secure computer database and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or phone system is totally secure. AlemHealth recognizes your privacy and, in accordance with our Privacy Statement, will not release information to anyone without your written authorization or as required by law.

• AlemHealth maintains protected health information (PHI) in compliance with federal privacy and security rules (HIPAA and HITECH) and our contractual obligations with health care providers as a Business Associate of health care providers who are Covered Entities such rules. AlemHealth collects information for the purposes of providing the Premium Services (including second opinions), marketing and promoting our Services and Premium Services to you, and for market research data.

• You understand and agree that Second Opinions involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in other parts of the world than that which you are located at the time of a Second Opinion and afterward.

• You also understand that AlemHealth, Inc. is not a "covered entity" as defined under the Health Insurance Portability and Accountability Act and associated regulations. However, you understand that radiology providers in the US on the AlemHealth platform may be "covered entities" that are subject to the provisions of HIPAA pursuant to 45 CFR 103. Therefore, you understand and agree that your personally identifiable health information ("Health Information") provided to AlemHealth and the radiologist associated with AlemHealth is subject to or protected by HIPAA. We will maintain the privacy of your Health Information as required by HIPAA.

• You also understand and agree that by using AlemHealth and AlemHealth Premium Services that we may automatically send information related to your second opinion consult(s), including related reminders, to you, and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings and profile information. You may opt out of receiving any such communication via email or mobile notification at any time through your account notification settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using AlemHealth Premium Services or any features utilizing reminders.

• You represent and warrant to us that, to the extent you enter “protected health information” (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, “protected health information” of such third person on AlemHealth Premium Services and via the AlemHealth website and mobile apps.


Consult Quality

• AlemHealth Premium Services second opinions are radiology consults, not clinician consults, and are not intended to address medical concerns typically addressed by medical clinicians, or medical concerns that are not radiologically determinable.

• You agree to maintain up-to-date medication and patient history information in your Health Profile on AlemHealth so that consulting AlemHealth Premium Services radiologists may know your medication and medical history.

• You understand and agree that AlemHealth and doctors in AlemHealth are not responsible for disconnections or connection quality issues you may experience during or outside of AlemHealth Premium Services second opinions as a result of your mobile device's or computer's internet connectivity.

• You agree to refrain from abusive language or engaging in inappropriate behavior when with physicians during a consult and agree that a physician may terminate a consult at any time should inappropriate behavior or language be used or if in the physician’s sole judgment the consult is no longer appropriate or productive.

• AlemHealth Premium Services charges do not include nor cover the costs of any recommendations or treatments associated with any second opinion (including but not limited to: prescriptions, lab tests, services or treatments, devices, or referrals for other consults).


Refunds

• AlemHealth agrees to consider refunding you the cost of your second opinion consult in the event that the second opinion provided is grossly erroneous. All refund requests require you to submit a documented explanation supporting your request for a refund, and all such requests are subject to review for approval. This guarantee is subject to your submission to AlemHealth of documentation supporting your request for a refund. All determinations of your eligibility for a refund are made solely by AlemHealth and are final once AlemHealth reaches its decision.

• You are ineligible for a refund of subscription or one-time consult fees if it is determined at AlemHealth's discretion that you, at any time, have violated AlemHealth’s conduct guidelines within a consult (including but not limited to: inappropriate language or behavior).

• You are responsible for monitoring your financial accounts and statements, and AlemHealth is not responsible for any charges actually or allegedly not authorized by any account holder. In the event that AlemHealth agrees to provide you with a refund for any reason (including but not limited to claims of unauthorized charges), the maximum refund to which you will be entitled is sixty (60) days from the time of purchase. Unsubscribing from messages from AlemHealth and/or uninstalling the AlemHealth app do not automatically cancel any subscriptions you have on AlemHealth, nor do these actions cancel your obligations to pay for any such subscriptions still active on AlemHealth.


Your Rights

Consequently, you understand that you have all the following rights with respect to Second Opinions:

• Free Choice. I have the right to withhold or withdraw my consent to Second Opinions at any time without affecting my right to future care or treatment.

• Access to Information. I have the right to inspect all medical information transmitted during a second opinion, including, without limitation, the name of the licensed radiologist associated with AlemHealth treating me, and may receive copies of this information for a reasonable fee.

• Confidentiality. I understand that the laws that protect the confidentiality of medical information apply to Premium Services, and that no information or images from such interaction which identify me will be disclosed to other entities without my consent.

• Risks. I understand that there are risks from Premium Services, including the following: 1) Loss of records from failure of electronic equipment, 2) power or other technical failures with loss of communication, and 3) invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to diagnose every possible illness through radiological means, that my condition may not be cured or improved, and in rare cases, may get worse.

• Follow-up. In the event that the diagnosis by the radiologist associated with AlemHealth does not resolve the medical issue for which you sought a second opinion, you agree to consult with your physician in person for follow-up treatment; and/or seek treatment, if necessary at a local hospital emergency department.

• Consequences. I understand that, by having my consent to second opinion consults, my radiologist associated with AlemHealth may communicate medical information concerning me to physicians and other health care practitioners located in other parts of the world or outside the country/state/jurisdiction.

• Quality Assurance. I understand that records related to these consults may be reviewed under a AlemHealth quality assurance program. Records of AlemHealth Quality Assurance Committee records are subject to confidentiality.


Your Obligations

• Privacy Statement and Cookie Policy. You agree to AlemHealth's Privacy Statement and Cookie Policy, the terms of which are incorporated herein by reference.

• True and Accurate Information. You agree that that all information you provide on AlemHealth Premium Services relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on AlemHealth Premium Services to ensure that it is true, accurate, current and complete at all times.

• Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize AlemHealth to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. AlemHealth's fees are net of any applicable sales tax and if any services or payments for any goods or services are subject to sales tax in any jurisdiction. You will be responsible for payment of such sales tax and any related penalties or interest and will indemnify AlemHealth for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that AlemHealth is permitted to pass to you) and AlemHealth may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required.

• Emergency Help. You will agree to seek emergency help when needed or as recommended by radiologists on AlemHealth Premium Services and you agree continue to consult with your primary care doctor as recommended by your primary care doctor or the doctors on AlemHealth Premium Services.


Insurance Submissions

If you wish to apply your health insurance coverage to second opinions with eligible doctors (where available), simply select Insurance under Payment Information to confirm coverage and your copay. A claim will be submitted following the second opinion consult. By requesting to submit this claim under insurance you agree to pay any associated insurance fees (such as copayment and deductible fees) under your insurance plan and to be personally responsible for any costs associated with the care received that are not covered or are denied by your insurance carrier.


Additional Terms that Apply to Radiologists on AlemHealth

THESE ADDITIONAL TERMS APPLY TO ALEMHEALTH RADIOLOGISTS ("ADDITIONAL RADIOLOGIST TERMS") WHEN USING ALEMHEALTH AS A ALEMHEALTH RADIOLOGIST. IF YOU ARE A ALEMHEALTH RADIOLOGIST YOU AGREE TO ABIDE BY ALL ALEMHEALTH TERMS OF USE, AND THAT WHERE AN ADDITIONAL RADIOLOGIST TERM CONTRADICTS A MEMBER TERM OF USE, THE ADDITIONAL RADIOLOGIST TERM SHALL PREVAIL. THESE ADDITIONAL EXPERT TERMS APPLY TO YOUR USE OF ALEMHEALTH AS A ALEMHEALTH RADIOLOGIST; IF YOU USE THE APPS AS A MEMBER, YOU AGREE TO ALL MEMBER TERMS OF USE.

Radiologists: Information

As a AlemHealth Radiologist, you are required to register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your Public Profile. You consent to AlemHealth’s use on or in connection with the Apps of your name, likeness, photograph, biographical information and other personal information provided by you to AlemHealth or publicly available about you.

Radiologists: doctors in Good Standing

Licensed radiologists may apply to be and participate as Radiologists on AlemHealth. Radiologists whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way as a Radiologist on AlemHealth. AlemHealth may expand the network to include other licensed medical experts.

Radiologists: Permission to Post and Use Expert Submissions

When a AlemHealth Radiologist submissions related to any AlemHealth feature or function and made for publication on AlemHealth (such as an answer to a question) (an "Expert Submission"), you grant AlemHealth an unrestricted right without limitation to use, reproduce, extract data from or add data to, publish and post any such Expert Submissions, including in connection with or on AlemHealth, including in connection with your name. This means that when you make such a submission to us, you are giving us rights to this content, including the right to post it on AlemHealth and use it in connection with AlemHealth. You also give us the right to give or transfer all rights granted herein to others. While Expert Submissions generally are posted to AlemHealth, we do not have an obligation to post any particular Expert Submission on AlemHealth and reserve the right, at our sole discretion and for any reason whatsoever (including but not limited to an Expert Submission being reported to us), to not post and/or to remove any Expert Submissions at any time.

Radiologists: Rules when Submitting Expert Content

So that everyone can enjoy AlemHealth, we have rules for Expert Public Submissions. By submitting content to AlemHealth you agree to follow our rules for Expert Submissions to AlemHealth.

Radiologists: AlemHealth Premium Services

You will receive compensation for participating in AlemHealth Premium Services according to the terms and related agreements, which are incorporated herein by reference. When sign up for and deliver care through AlemHealth Premium Services, you agree to abide by all of the terms of the applications you submit to, and the contractual agreements you enter into with, AlemHealth related to those services (including any representations and warranties and terms governing indemnification and obligations).

Radiologists: Insurance Submissions

If you agree to accept health insurance coverage for second opinions with eligible patients (where available), you agree that AlemHealth may submit the initial claim form on your behalf based on the completed second opinion. By agreeing to accept this claim under insurance coverage (where available), you agree to assume all responsibility and liability for rejected claims, for collection of amounts due for such consults, and to hold AlemHealth harmless from any and all claims, losses or harm related to any such consults or submissions. Where insurance claims are denied, for any reason, you understand and agree that you are solely responsible for any re-submission or appeal of claim denials, and that AlemHealth is not involved in the claims re-submission process.

Radiologists: Conflicts Disclosure Policy

Disclosure of Relationships with Industry

You agree to comply with this Conflicts Disclosure Policy ("CDP") when using AlemHealth or making Expert Submissions. This CDP governs the disclosure of financial interests by AlemHealth Medical Experts. Conflicts of interest can be financial and/or personal. As used in this policy, "Industry" means any company, entity, or third party that produces, manufactures, or distributes a pharmaceutical, medical device, implant, or other medical care-related product or service.

All Medical Experts with a material financial relationship with Industry must disclose such a relationship in any answer or other similar Content submitted to AlemHealth when such Content mentions any product or service in which such an interest exists, with the following or similar language: "The author or poster of this content has a financial interest in a product or service mentioned herein."

No Posting Public Content for Pay

Medical Experts may not post Public Content on AlemHealth in exchange for compensation of any kind, including but not limited to as a paid consultant to any entity (including any company or organization) or individual. Medical Experts should ensure that any conflict or potential conflict of interest does not affect or appear to affect his or her contributions of Content to the AlemHealth. Medical Experts approved for AlemHealth Premium Services may receive compensation for services rendered through AlemHealth Premium Services.

No Posting of Content Written by Interested Parties

Medical Experts may not publish Content under their own names that is written in whole or material part by (a) parties with a financial interest in any product or service mentioned in the Content, or (b) employees of Industry. Accepting compensation for posting Content to Public Areas and/or posting ghostwriting by Interested Parties on AlemHealth is prohibited.

Insurance

If you wish to apply your health insurance coverage to second opinions with eligible doctors (where available), simply select Insurance under Payment Information to confirm coverage and your copay. A claim will be submitted following the consult. By requesting to submit this claim under insurance you agree to pay any associated insurance fees (such as copayment and deductible fees) under your insurance plan and to be personally responsible for any costs associated with the care received that are not covered or are denied by your insurance carrier.

Foreign Languages

Where AlemHealth content or services (including these Terms of Use) are translated into languages other than English, all such translations are for the convenience of our users only, and AlemHealth is not responsible or liable in the event of any inaccuracy in such translation. In the event of a conflict between the English-language version of these Terms of Service, or any other content on AlemHealth, and a version that has been translated into another language, the English-language version shall control and apply. You understand that content, including but not limited to questions and answers, may not have the same meaning in translation, and that treatments (including but not limited to medication names) and other information may differ from country to country and in different languages and may not be available in all places. Additionally, you understand and agree that second opinions may not be available in languages other than English, and you agree not to request a second opinion in another language.

Source: AlemHealth, https://www.AlemHealth.com/terms