Last Update: April 4, 2025

Terms of Use

These Terms of Service (“TOS”) set out the terms on which MyA Health Inc. d/b/a Reclaim Health, including, as applicable, its subsidiaries, affiliates, agents, designees, vendors, contractors, and subcontractors (collectively, “Company,” “we,” or “us”) will provide access to Company’s application, as well as all related products, services, and websites (collectively, the “App”), to you, a user of the App (“you” or “User”). You should read these TOS carefully. By indicating acceptance of these TOS or by otherwise using the App, you are entering into a legally binding agreement with us. If you do not agree to these terms and conditions, you must not use the App.

THESE TOS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THESE TOS CAREFULLY.

1. Medical Disclaimer

It is important to the interests of Company and those who use the App that we and they have a shared understanding about the limits of what the App can do. If you are located in the United States and think you or someone else is having a medical emergency, you should call 9-1-1 immediately. In general, if you experience an adverse medical event related to any medical procedure or treatment, it is important that you tell your doctor. The App, which is the subject of these TOS, is not a health care service and Company is not a health care provider. Company’s intent is to never cross the line of becoming (or being perceived as) a health care provider or caregiver based on the App or our interactions with Users. Your use of the App does not establish a clinician-patient relationship between you and Company or any employee or vendor, service provider, or licensor of Company. No information provided or made available by Company through the App should be interpreted as medical advice or guidance or as a substitute for the medical advice or guidance of a health care professional. A health care professional should always be consulted for medical guidance or advice before adopting any course of treatment or on any questions regarding treatment. You should never disregard the medical advice or guidance of a healthcare professional or delay in seeking it because of any information provided or made available by Company through the App. Company specifically disclaims all responsibility or any liability, loss, or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use of any information provided or made available by Company through the App.

2. Use of App

  1. In General. The App generally provides Users with the ability to review and engage with their health benefits and allows Users to connect with Company. In accessing the App, you must comply with these TOS and any other terms of service, rules, and policies about use of the App that we publish from time to time on the App. Certain features, pages, or content within the App may contain supplemental terms of service, rules, and policies, to which you must agree in order to use the relevant features, pages, or content. We reserve the right to add, change, discontinue, or remove any portion or functionality of the App, or the App as a whole, at any time, without notice. We further reserve the right to pause or interrupt the App at any time, and you should expect periodic downtime for updates to the App.
  2. Your Account. Company reserves the right to restrict who is eligible for an App account. Company reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability.
  3. Authorized Individuals. You may grant access to your App account to one or more Authorized Individuals, who will gain the ability to access your claims data on your behalf. You may grant an Authorized Individual access to your account by specifically authorizing Company through the App to permit access by such Authorized Individual. When you grant access to an Authorized Individual through the App, you may permit them to: (i)  have the same level of access to your account as you have; or (ii) have limited access to your account (i.e., the Authorized Individual will be authorized to access and read only a subset of your personal information that is uploaded to the account). Whether or not to grant an Authorized Individual access to your Company account is your decision. You acknowledge and agree that Company is not responsible for the actions of any Authorized Individual to whom you grant account access.
  4. Authorized Individual-Representative. An “Authorized Individual-Representative” is an individual such as a parent, guardian, or other legal representative who has authority to create and manage an App account on behalf of a Dependent, such as a minor or other individual over whom the Authorized Individual-Representative has legal authority. They may authorize and/or have access to Company records for a Dependent. A Dependent's Company records will be linked to an Authorized Individual-Representative's Company account until the first to occur of the following dates: (i) the Dependent reaches the age of majority under applicable state law or, if required by such law, a younger age determined under the circumstances then in existence; (ii) the Authorized Individual-Representative is no longer the legal representative of the Dependent; or, (iii) Company is notified by the Dependent or a court of law or agency with appropriate authority that the Dependent has been emancipated or attained legal custody of their own health information, or a different Authorized Individual-Representative has been named. Each Authorized Individual-Representative agrees that a Dependent's account also may be linked to the Company account of another Authorized Individual-Representative, and each Authorized Individual-Representative will have the same rights to access and communicate through the Dependent's account.

3. Prohibited Activity.

Your use of the App and any content accessed or submitted through the App must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the App any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the App to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the App any advertisements or solicitations of business; (f) restrict or inhibit use of the App by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this App; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the App or that you have a contractual obligation to keep confidential (notwithstanding its availability on the App); (j) post "spam," transmit chain letters, or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this App or any networks connected to this App; (m) falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material; (n) upload to or transmit on the App any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section 3; (o) access the App other than by the interfaces provided by Company; (p) create, transmit, or display health or other information that you do not own or do not have the right to use; (q) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by Company in its sole discretion, may harm Company, its licensors, or users of the App or expose them to liability; (r) rent, lease, or otherwise permit third parties to use the App; (s) use the App to provide services to third parties; (t) introduce software or automated agents or scripts to the App so as to produce multiple accounts, generate automated searches, requests and queries, or strip, scrape, or mine data from the App; (u) perform or publish any performance or benchmark tests or analyses relating to the App or the use thereof; (v) use the App to build a competitive product or service or copy or build a product using similar ideas, features, and functions of the App; (w) circumvent or disable any security or other technological features or measures of the App; (x) use any device, software, or routine that interferes with the proper working of the App; (y) attempt to interfere with the proper working of the App, or (z) take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure as determined by Company in its sole discretion.

4. Fees and Estimates

The App will be made available to you without charge. You acknowledge and agree that neither Company nor the App provides binding cost estimates, payouts, or recommendations. Company’s recommendations and estimates are for educational purposes only, based on an estimate of potential costs and utilization. Please remember that past analysis may not be indicative of future results.

5. Your Data

  1. Rights and Company License. You retain your rights in all personal, health, and other information (which may include data, text or other materials) which you input or upload to the App (collectively, “Your Data”), subject to the rights granted below and our rights in Our Property as explained below. You hereby generally consent and agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, transferable license, with the right to sublicense through multiple tiers, to copy, edit, modify, adapt, publish, transmit, distribute, prepare derivative works of, perform, display, use, and otherwise exploit Your Data in connection with the operation and promotion of the App and any other purposes reasonably related to the App or our business.
  2. Contents. Any of Your Data that you upload to the App must be accurate and must not: (i) contain material from other copyrighted works without the written consent of the owner of such copyrighted material; (ii) infringe any copyright or violate any property rights, rights of privacy or publicity, or any other rights of any third-party; (iii) contain any software viruses, malware, spyware, or any other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or (iv) except as otherwise expressly permitted by us in writing, contain any advertising, promotional, solicitation, or other commercial material.
  3. Privacy Waiver. To the extent reasonably necessary or appropriate to effect or support the licenses granted by you above, you hereby waive (or if not waivable, agree not to assert) any rights of privacy or publicity, or any moral rights or other similar rights, with respect to Your Data. As described in greater detail in our Privacy Policy, Company shall operate the App in a manner that provides reasonable information security, consistent with generally accepted industry standards, for Your Data, using appropriate administrative, physical, and technical safeguards. You are solely responsible for the security of your account and any passwords used to access your account.
  4. Aggregation. We may use Your Data to help develop and improve the App. You agree that Company may analyze and process Your Data, and similar information of other Users, to create aggregated or anonymized statistics or data that do not identify you or any individual, and Company may during and after the term of these TOS use and disclose such statistics or data in any manner in its discretion. These aggregated or anonymized statistics or data may be used by Company for any legal purpose, including for improving Company’s services and products or selling such statistics or data to third-party commercial entities.
  5. Representations. You represent and warrant that you own all proprietary rights in Your Data or, with respect to any of Your Data you do not own, that you have the full authority and right to input and/or upload Your Data, and to grant the licenses and rights you have granted in these TOS, and that your inputting and/or uploading Your Data, and the exercise by us and other Users of the licenses and rights granted by you herein, shall not infringe any third-party intellectual property or proprietary rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege, or interest of any third-party.

6. Our Ownership Rights

  1. Company Property. The App, including as applicable all aspects of our websites, platforms, and/or other technology or devices that interact with the App (including Our Property, as defined below), is the property of, and owned by, Company or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, and technology used to deliver the App or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via or relating to, the App are “Our Property.” For clarity, any formats, templates, methodologies, rules, algorithms, and software used to create Your Data are Our Property. Except as otherwise expressly permitted by these TOS, any unauthorized or unapproved use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation, or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed, and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these TOS, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
  2. Trademarks. The marks “Reclaim” and “MyA, Inc.” and any associated logos, are registered or unregistered trademarks or service marks of Company or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The App may also feature the trademarks, service marks, and logos of third-parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the App, will inure solely to the benefit of their respective owners.
  3. Permitted Purpose. Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the App for your own personal purposes (your “Permitted Purpose”), as permitted by these TOS. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.
  4. Infringement Claims. If you believe that any information or materials on the App infringes your copyright, you (or your agent) may send us notice requesting that information or materials be removed. Notice must be provided in writing and must include: (i) a signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work that you claim has been infringed; (iii) the location of the work you claim is infringing (e.g., URL) or enough detail that we may find it; (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices should be sent to: compliance@reclaim.health.

7. Feedback

If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, complaints, or other submissions related to the App (collectively "Feedback"), the Feedback will be the sole property of Company. You represent and warrant that any Feedback that you submit to us is original to you, made in compliance with applicable laws and does not violate any right of any third-party, including intellectual property rights. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback. In particular, but not by way of limitation, we will be entitled to provide your Feedback to any federal or state government agency pursuant to any applicable rules or legal reporting requirements.

8. Feedback

You acknowledge that the App is, or may from time to time be, hosted by third-party cloud providers, which may change from time to time (the “Cloud Providers”), and that your use of the App is subject to any applicable restrictions or requirements imposed by the Cloud Providers.

9. Other Third-Party Services

The App may depend upon, interact with, or enable access to third-parties’ information, services, websites, platforms, mobile applications, and/or other technology or devices (each, a “Third-Party Service”), which may in each case be accompanied by separate terms of use. We provide such links as a convenience, and do not control or endorse these websites, mobile applications, and/or services. We are not responsible for the content or transmission of any Third-Party Service or for ensuring that Third-Party Services are error and/or virus free. Use of each Third-Party Service may require that you accept its separate terms of use. You should comply with these separate terms of use when using the Third-Party Service and the App.

10. Privacy Policy

We operate the App under its Privacy Policy, which is hereby incorporated into these TOS. Each party shall comply with the Privacy Policy. A copy of the Privacy Policy is available online here: https://www.reclaimhealth.com/privacy-policy

11. WARRANTIES AND DISCLAIMERS

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. COMPANY IS NOT OFFERING THE APP, IN WHOLE OR IN PART, FOR SALE TO YOU. THESE TOS ARE NOT A CONTRACT FOR SALE, AND THE APP IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. THE APP IS PROVIDED FOR FREE, AND COMPANY, ITS SUPPLIERS, AND DISTRIBUTORS SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT, AND TITLE. NO WARRANTY IS MADE THAT THE APP WILL BE TIMELY, SECURE, OR ERROR-FREE. NEITHER COMPANY NOR ANY OF COMPANY’S VENDORS, SERVICE PROVIDERS, OR LICENSORS MAKES ANY WARRANTY THAT THE APP’S CONTENT SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. THE APP’S CONTENT IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER COMPANY NOR ANY OF COMPANY’S LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY. YOU EXPRESLY AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK. FURTHER, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER USERS OF THE APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE APP. COMPANY HEREBY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OF THE APP OR THIRD-PARTIES. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, COMPANY’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY MASSACHUSETTS LAW.

12. LIMITATION OF LIABILITY

NEITHER COMPANY NOR ITS VENDORS, SERVICE PROVIDERS, OR LICENSORS WILL HAVE ANY LIABILITY TO YOU OR ANY THIRD-PARTY FOR ANY PERSONAL INJURY OR WRONGFUL DEATH OR LOSS OF PROFITS, BUSINESS, DATA, OR OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS TOS, INCLUDING USE OF THE APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES PROVIDED ABOVE FAIL IN THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMANGES, AND IN THOSE JURISDICTIONS, COMPANY’S LIABILITY UNDER THESE TOS SHALL BE TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

13. Indemnity

You understand and agree that Company works in conjunction with your health plan and administers the App to enable you to utilize certain benefits under your health plan, but that Company is not responsible for the design or structuring of your health plan or ensuring that it satisfies any requirements under applicable law. You further agree to indemnify and hold us, and our licensors, providers, contractors, and agents, harmless against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, and expenses (including attorneys’ fees) (collectively, “Liabilities”) arising out of or relating to (i) your access to, inability to access, use of, or alleged use of the App (including the upload of Your Data to the App), or your reliance on any content on the App or other information found on the App for any purpose; (ii) your violation of any condition, obligation, representation, or warranty set forth in these TOS or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; and (iv) any disputes or issues between you and any third-party including, without limitation, any dispute relating to an Authorized Individual’s or other third-party’s use of your account or your personal information, or your employer’s or other third-party’s design of your health plan in a manner that allegedly does not comply with applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. Without limitation of the foregoing, if we receive a subpoena or similar requirement to disclose Your Data issued by any court or governmental authority, and we are not a party to the proceeding in question, you will reimburse us for our reasonable costs and expenses of complying with such subpoena, including time spent by our personnel and our attorneys at time and materials rates.

14. Suspension and Termination

You may terminate these TOS at any time by ceasing to use the App. We reserve the right to suspend your account and/or access to the App at any time if we believe you are in breach of these TOS. We reserve the right to terminate these TOS or to cease to offer the App at any time on written notice to you (including by posting on the App), for any reason or no reason. In addition, except with respect to an Authorized Individual-Representative who establishes an account on behalf of a Dependent, Company will terminate your account within thirty (30) days of its receipt of a death certificate certifying your death. With respect to an Authorized Individual-Representative, Company will terminate all accounts associated with such Authorized Individual-Representative within thirty (30) days of its receipt of a death certificate certifying the death of such Authorized Individual-Representative unless a Dependent also has a living Authorized Individual-Representative associated with the account. Any accrued obligations and remedies hereunder, and any other sections of these TOS that by their nature should reasonably survive, shall survive the termination or expiration of these TOS. We have no obligation to return any of Your Data to you upon termination, so you should retain copies of all of Your Data that you upload to the App.

15. Suspension and Termination

We reserve the right to modify these TOS at any time. In the event of any such modification or amendment, we will provide general notice to you by posting on the App. We encourage you to return to the App and review these TOS from time-to-time so you are aware of the most recent amendments. You agree that your continued use of the App constitutes your ongoing agreement to the as-amended version of these TOS which are in effect at the time you use the App. If you do not agree to any amended version of these TOS that we publish, you must terminate your account and cease using the App.

16. Modification of TOS

We reserve the right to modify these TOS at any time. In the event of any such modification or amendment, we will provide general notice to you by posting on the App. We encourage you to return to the App and review these TOS from time-to-time so you are aware of the most recent amendments. You agree that your continued use of the App constitutes your ongoing agreement to the as-amended version of these TOS which are in effect at the time you use the App. If you do not agree to any amended version of these TOS that we publish, you must terminate your account and cease using the App.

17. Dispute Resolution

We will attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the App or these TOS (including the validity and scope of the agreement to arbitrate and any disputes with other Users of the App) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”), and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. You agree that the arbitration shall be held in the Commonwealth of Massachusetts unless the AAA or the arbitrator shall determine that such venue is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by a court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At Company’s option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). In addition, you or we may elect to bring an individual claim in a small claims court, but we do not hereby agree to any personal jurisdiction that is otherwise lacking.

18. Governing Law and Jurisdiction

The App is controlled by Company from its offices in the Commonwealth of Massachusetts. We make no representation that the App and any content available on the App is appropriate for or available for use in other locations. If you choose to access the App from other locations, you are responsible for compliance with local laws, if and to the extent applicable. You may not use or export any App content in violation of United States export laws and regulations. These TOS will be construed according to, and the rights of the parties will be governed by, the laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions. If there is a dispute between you and us that is not resolved according to the dispute resolution requirements in Section 16, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in the Commonwealth of Massachusetts.

19. Force Majeure

In no event will we be liable for any failure to comply with these TOS to the extent that such failure arises from factors outside our reasonable control including, but not limited to, externally caused transmission interference, Acts of God, public enemy, embargo, power failures, governmental act, fire, accident, acts of terrorism, irreparable or key equipment failure or destruction, epidemic or pandemic, strike, war, armed conflict, riot, or inclement weather.

20. Compliance with Laws

Company provides the App for use by persons located in the United States. However, Company makes no representation, claim, or guarantee that the App or any of its content is accessible or appropriate or legal under the laws of a particular state or jurisdiction within the United States. You are solely responsible for reviewing and understanding the laws of the state or jurisdiction in which you are located and determining whether it is permissible for you to access the App and engage in the services offered through the App. By accessing the App, you acknowledge that you are doing so on your own initiative and are solely responsible for compliance with any laws that apply to you, including but not limited to laws that relate to reproductive health services.

21. Miscellaneous Provisions

  1. Waiver. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of these TOS will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions, or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein. No waiver will be binding on us unless made in an express writing signed by us.
  2. Severability. If any provision of these TOS is found by a court of competent jurisdiction to be invalid or unenforceable, then these TOS will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
  3. Entire Agreement. Except as otherwise expressly provided herein, these TOS sets forth the entire agreement between us and you regarding its subject matter, and supersedes all prior promises, agreements, or representations, whether written or oral, regarding such subject matter. Company is permitted to assign, transfer, and subcontract its rights and/or obligations under these TOS without any notification; however, these TOS and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third-party without our prior written consent in our sole discretion. Any purported assignment, transfer, or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate these TOS (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion.
  4. Binding Effect. These TOS will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. these TOS may be approved or executed electronically, and your electronic assent or use of the App shall constitute approval or execution of these TOS. You agree that the electronic text of these TOS constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. There shall be no third-party beneficiaries to these TOS.
  5. Third-Party Beneficiaries. Company’s licensors and any entity that is hired to perform functions for Company to support the development, maintenance, or implementation of the App (including, but not limited to, software or web designers or data storage providers) are third-party beneficiaries to these TOS.
  6. Other Language Versions. If Company provides you with a translation of the English language version of these TOS, the English language version of these TOS will control if there is any conflict.
  7. Headings. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes,” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these TOS.

22. Questions

If you have any questions regarding these TOS, please contact us by email at compliance@reclaim.health.

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