IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE READ THE PROVISIONS BELOW CAREFULLY. BY AGREEING TO THESE TERMS OF USE YOU AGREE TO BINDING INDIVIDUAL ARBITRATION AS SET FORTH IN SECTION 22 BELOW UNLESS YOU OPT-OUT WITHIN 30 DAYS.

1. Use of the Site

This website is operated by The Lab by Custom Med, a collaboration of Custom Med, PC, Balanced Physique, LLC, and Balanced Physique, Inc. (“The Lab,” “we,” “us,” or “our”) located at labxmd.com and other related websites and mobile applications with links to these Terms of Use (collectively referred to as the “Site”). We offer an online technology platform that enables our members (“Members”) to report their health history and engage healthcare professionals (“Healthcare Professionals”) to obtain specific medical and healthcare services (“Services”). By accessing and using the Site or the Services, you agree to be bound by these Terms of Use, our Privacy Policy, our Health Information Privacy Practices, and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services, and we advise that you please exit our website now.

2. Healthcare Services and Third-Party Locations

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICE MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

The Lab facilitates access to healthcare services by independent healthcare professionals and assumes no responsibility for the clinical decisions, actions, or inactions of its health professionals. The Lab is not liable for any outcomes resulting from clinical services provided by professionals through The Lab.

For California Users: If you have a question or complaint regarding services provided to you by The Lab, please contact us at support@labxmd.com to receive further information regarding the Services or to resolve the complaint. You may also contact the Medical Board of California by telephone at (800)633-2322 or in writing at 2005 Evergreen St #1200, Sacramento, CA 95815, and the California Department of Justice, by telephone at (888) 382-1222 or in writing at California Department of Justice; Attn: Public Inquiry Unit; P.O. Box 944255; Sacramento, CA 94244-2550.

3. Consent to Telemedicine and Mobile Services

By using the Services, you consent to receiving medical services through a mobile medical platform and acknowledge the unique aspects of such care, including potential limitations compared to in-person consultations at a traditional healthcare facility. You may be asked

to participate in a telehealth consultation to obtain a medical clearance. Telehealth involves the use of secure video and audio technology to conduct your evaluation. Your provider will communicate with you remotely to discuss your medical history, review your condition, and determine your appropriateness for the procedure. Telehealth is different from an in-person consultation, as the provider will not be able to perform hands-on assessments. This means there are inherent limitations to the Services, such as an inability to assess your condition as comprehensively without a physical examination. There is a risk that a condition may be missed due to the limitations of remote assessment. Telehealth is not suitable for all medical conditions. Your provider may recommend an in-person visit if they determine it is necessary for your health and safety. Your participation in telehealth is voluntary. You have the right to refuse telehealth services or withdraw your consent at any time without affecting your right to future care or benefits. You may request an in-person consultation at any time.

4. Site Content

None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

5. User Accounts

When you register on the Site, you will create an account (“Account”) by entering your name, email address, password, and certain other information (collectively “Account Information”). You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Account. You may not transfer or share your Account Information or create multiple Accounts. The Lab reserves the right to take necessary action regarding the security of your Account Information. You may not use anyone else's account at any time.

6. Access Rights

The Lab grants you a limited, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use.

The Lab reserves the right to refuse or cancel Services to any Member at its discretion, particularly if such action is deemed necessary to comply with legal, safety, or professional standards.

You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity, violate any local, state, national, or international law, reverse engineer or disassemble the Site, distribute viruses, or otherwise misuse the Site and the Services. The Lab is not responsible for any interactions with Healthcare Professionals that are not conducted through or within the Site. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use.

7. Fees and Purchase Terms

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 of your transaction. By providing The Lab with your credit card information, you authorize us to invoice your account for all fees due and payable to The Lab. A missed appointment fee may apply for appointments not canceled at least 48 hours in advance.

8. Termination

You may deactivate your Account and end your registration at any time by contacting us, at which time The Lab will process the termination. The Lab may suspend or terminate your use of the Site and Services for any reason at any time.

9. Right to Modify

The Lab may revise these Terms of Use periodically, and changes are effective immediately upon posting on the Site. Continued use of the Site following posted revisions constitutes acceptance of those changes.

10. Disclaimer of Warranties

Use of the Site or Services is at your sole risk. The Site and Services are provided on an “as is” and “as available” basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LAB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LAB OR THOROUGH THIS WEBSITE WILL CREATE A WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE LAB, ANY AFFILIATED COMPANY ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY “THE LAB PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD

The Lab does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through this website or any hyperlinked website or service, or featured in any banner or other advertising, and The Lab will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

12. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE LAB PROFESSIONALS OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY SPACE PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

The Site user’s sole remedy for dissatisfaction with the Site or the Services is to stop using the Site or Services. You agree that under no circumstance shall any of the The Lab Parties be liable for any damage resulting from your use or inability to use the Site or materials on the Site.

The Lab and affiliated professionals make no guarantees regarding the outcomes of any treatments, as results can vary based on individual conditions and response to treatment. Liability for unsatisfactory results is expressly disclaimed to the extent permitted by law.

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

13. Indemnification

By visiting this website, you agree to indemnify and hold harmless The Lab and its affiliates, representatives, agents, personnel, directors, officers from all claims, actions, demands, liabilities, judgments, settlements, costs, losses, damages, tax assessments, penalties, interest and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of the Site or the Services, your misuse of the Site or the Services, violation of these Terms, or any unlawful activities conducted on the Site or during use of the Services, including, without limitation, any claims for defamation, violation of publicity or privacy, copyright or trademark infringement resulting from your submissions of any content, tagged content or other materials, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised company of the possibility of such claim. You agree to indemnify, defend and hold harmless The Lab, and its affiliates, representatives, shareholders, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.

14. Service Limitations and Contraindications

Our Services are not appropriate for all individuals, and certain health conditions may be contra-indications for the use of medical treatments. Members must disclose relevant health history, and The Lab reserves the right to refuse services when contraindications are identified.

15. Medical Records Custody and Access

Medical records generated from the Services are maintained on behalf of The Lab Professionals in compliance with federal and state laws. Members may request access to their medical records as required by law, and The Lab will facilitate such requests solely for records generated within the Site.

16. Data Privacy and Communications

The Lab is required to comply with healthcare privacy laws and maintain safeguards to protect the security of your health information. Communications may include appointment reminders, service announcements, and privacy notices. By agreeing to these Terms, you consent to receive such Communications.

17. Geographical Restrictions

The Lab makes no representation that the Site and Services are available for use in locations outside the United States or all states within the U.S.

18. Disclosures (Ownership and Intellectual Property Rights)

The Site and its contents are owned by The Lab or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms of Use permit you to use the Site for personal, non-commercial use only. You are not authorized to use any such Marks without the express written permission of The Lab. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

The Lab names and logos and all related product and service names, design marks, and slogans are the trademarks of The Lab. All rights are reserved. You are not authorized to use any The Lab name or mark in any advertisement, publicity, or in any other commercial manner without prior written consent of The Lab. All other trademarks appearing on the website are the property of their respective owners.

19. Privacy and Communications

The Lab is required to comply with federal healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Professional during a medical consultation is legally confidential, except for certain legal exceptions as more fully described in our Notice of Health Information Privacy Practices and Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Notice of Health Information Privacy Practices and Privacy Policy.

As part of providing you with the Services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“Communications”). These Communications are considered part of the Services and your Account.

20. Messages

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you Communications through electronic means including, but not limited to, (1) by email, using the address that you provided to us during registration, (2) simple messaging service (“SMS”) text message to the mobile number you provided us during registration (“SMS Messages”), (3) push notifications on your tablet or mobile device, or (4) by posting Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by deactivating your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and The Lab. The Lab cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, is stored on secure, encrypted servers maintained by The Lab. The number of SMS Messages we send as part of our Communications will depend on the frequency of your use of the Services.

Program Description

The Lab.Life SMS Marketing Program ("Program") provides updates and promotional offers directly to your mobile device. Messages are delivered via SMS and may include reminders, special promotions, and wellness tips. By opting into the Program, you agree to receive these types of messages from The Lab.

Message Frequency

Message frequency varies. You may receive multiple messages per week based on the nature of your interaction with The Lab.

Rates Disclosure

Message and data rates may apply. Charges are based on your mobile plan and are payable to your service provider.

STOP Keyword and Opt-Out Instructions

To opt-out of the Program, you may text "STOP". Once you send the "STOP" message, we will send you a confirmation message to inform you that you have been successfully unsubscribed. After this, you will no longer receive SMS messages from us.

HELP Keyword and Customer Support

For help, text "HELP" to [short code], or contact our customer care team via email at support@labxmd.com. We are here to assist you with any questions or issues related to our SMS Program.

Consumer Data and Opt-In Consent

Your opt-in consent will not be shared with any third parties, except those who handle the messaging service on behalf of The Lab. We do not share opt-in consent data for marketing purposes. Your privacy and consent are protected in compliance with carrier requirements.

21. Governing Law and Jurisdiction

All matters relating to the Site, the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Subject to the arbitration provisions in these Terms of Use, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Site or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Arbitration and Class Action Waiver (Third-Party Beneficiaries)

This Arbitration and Class Action Waiver Section governs all Disputes between you, The Lab, and the third-party beneficiaries specified below. The term “Disputes” is to be given the broadest possible meaning that will be enforced and means any dispute, claim, or controversy of any kind between you, The Lab, and/or the third-party beneficiaries, that arise out of or in any way relate to (1) your access to or use of the Site or the Services; (2) your presence at or in any space provided to receive the Services; and/or (3) these Terms of Use, including the breach, termination, enforcement, or interpretation thereof or the validity, enforceability or scope of this Arbitration and Class Action Waiver Section (with the exception of the Class Action Waiver clause below), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Disputes” includes claims that arose or accrued before you assented to this Agreement. Any Dispute shall be resolved by binding individual arbitration as outlined below, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide The Lab with written notice of your desire to do so by email at help@labxmd.com within thirty (30) days following the date you first agree to these Terms of Use (such notice, an “Arbitration Opt-out Notice”).

If you don’t provide The Lab with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any

Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide The Lab with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide The Lab with an Arbitration Opt-out Notice, you acknowledge and agree that you and The Lab are each waiving the right to a trial by jury. By agreeing to arbitration, you and The Lab waive the right to a jury trial or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and The Lab otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Arbitration and Class Action Waiver Section will be deemed void. Except as provided in the preceding sentence, this Arbitration and Class Action Waiver Section will survive any termination of these Terms.

Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You further agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving a Dispute. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigns.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration and Class Action Waiver Section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and The Lab otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $ 5,000, then the arbitration will be conducted solely on the basis of the documents that you and The Lab submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $ 5,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator

based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation on Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The Lab will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $25,000, The Lab will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Notwithstanding the provisions of the “Right to Modify” section above, if the Company changes this Arbitration and Class Action Waiver Section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice (including by email to help@labxmd.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of The Lab’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and The Lab in accordance with the provisions of this Arbitration and Class Action Waiver Section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

To the fullest extent permitted by applicable law, this arbitration provision and class action waiver shall be enforceable by any affiliated entities, any third-party providers of support services, or other commercial affiliates as third-party beneficiaries of this Agreement, and each such beneficiary shall be entitled to enforce the terms of this provision in connection with any dispute arising under this Agreement.

23. Limitation on Time to File Claims

Any cause of action related to these Terms of Use must be commenced within one year after the cause of action accrues.

24. Miscellaneous

No waiver by The Lab of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Lab to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The Lab devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device. Please send any questions or report any violations of these Terms of Use to help@labxmd.com

25. Acceptance of Terms of Use

Your access to and use of the Service is subject to these Terms of Use as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Service or any information or Content provided through the Service. The Service is continually under development, and The Lab reserves the right to revise or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to these Terms of Use upon posting to the Platform. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Service. Your continued use after a change to these Terms of Use has been posted constitutes your acceptance of the Terms of Use as modified by such changes.

26. Limited Use and Availability

Our Service is currently only available to individuals who are located in California and who meet certain age or parental/guardian use and/or consent requirements. The Service is not intended for direct use by children under 13 years of age under any circumstances. In order to use the Service, you must be located in California. In addition, you must be at least 18 years of age or such older age of majority as required under the applicable laws in the state in which you are located when utilizing the Service. If you are between the ages of 13 and 18, you may still use the Service, but you must have a parent or legal guardian provide valid and verifiable consent to your use of the Service and accept these Terms of Use and acknowledge our Privacy Policy, in each case as required by the Service or as otherwise required by The Lab from time to time. If we determine at any time that the consent provided is invalid or inadequate, we may suspend or terminate your access to or use of the Service. If you are under the age of 13, the Service may still be utilized by your parent or legal guardian on your behalf, but you may not use the Service directly. If we determine at any time that a child under the age of 13 has created an account through the Service, we terminate such child’s user account and remove all information regarding such child from our systems. By using the Service, you are representing and warranting to us that you satisfy at least one of the following: (a) you are at least 18 years of age or such older age of majority as required under the applicable laws in the State of California, (b) you are at least 13 years of age and your parent or legal guardian has provided us with valid and verifiable consent to your use of the Service, (c) you are the parent or legal guardian of a minor child and are using the Service on such minor child’s behalf with full capacity and legal authority to do so. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

In some cases, the Service may not be the most appropriate way for you to track or manage your health and wellness, or provide information to, communicate with

treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider, or your provider may determine that your diagnosis and/or treatment require an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted and providing additional information regarding next steps.

27. Third-Party Goods and Services

Parties other than The Lab, including its affiliates and representatives (collectively, “Third-Parties”) provide services or sell products through the Service, and The Lab may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.

You agree that The Lab shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that The Lab is under no obligation to become involved in such dispute, and you hereby release and indemnify The Lab, its affiliates and their respective contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “The Lab Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Certain of The Lab’s shareholders, directors, officers, employees or agents (collectively, “The Lab Owners and Personnel”) have a financial interest in the medical group and/or are also healthcare providers, and may profit from your use of the medical group and its products and services. The Lab and certain owners and personnel may also have a financial interest in other Third-Parties, and/or may profit from the sale of Third-Party Goods and Services to you.

28. Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. The Lab may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use to any affiliate

of The Lab or to another third party in the event that some or all of the business of The Lab is transferred to such other third party by way of merger, sale of its assets or otherwise.

29. Third Party Beneficiaries

Any use of third-party software provided in connection with the Service, or any third-party product or service accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, and not by these Terms of Use. In addition to these Terms of Use, your use of the Service must comply with all applicable third-party terms of agreement.

Except for the foregoing or as otherwise specifically set forth in these Terms of Use, including with respect to the indemnification obligations contained herein in favor of the The Lab Parties, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, including, without limitation, any provider, and, except as specifically set forth in these Terms of Use, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms of Use.